CITY POLICE COURT.

Evening Star, Issue 3795, 23 April 1875, Page 3

CITY POLICE COURT.

Friday, April 23. (Before H. Bastings and R. H. Leary, Esqs.. J.P.’s.)

Drunkenness.— Mary Davis was fined 10s, in default forty-eight hours’ imprisonment. Neglected Child.— Charles Brown (12) was charged by the police with being a neglected child.—The boy was taken out of the Benevolent Institution by one Georg© Davidson, residing at Maori Hill, about four years ago, he then being an orphan. For the first part of the term he behaved himself properly, but during the past twelve months had become entirely uncontrollable, and had committed some thefts in the district in which he resided.—He was sent to the Industrial School for two years. Petty Larceny. —Wm. Tyler was charged, on remand, with stealing from the Gridiron Hotel, on or about April 10, a quantity of clothes of the value of L 3, the propert of Alex. M’Neelance. The charge was adjourned on the previous day, after the case for the prosecution had been token, to enable Mr Cook to call witnesses for the defence. After addressing the Bench he called William Taylor, outfitter, Rattray street, who deposed that he believed the shirt produced (found i' prisoner’s possession and sworn to by prosecutor as having been purchased by him in Glasgow) was bought at his shop—they being the only firm in Dunedin who imported such goods, which came from Glasgow.—Daniel Black, proprietor of the Gridiron Hotel, deposed that prisoner had been in his employ off and on during the past two years, and always bore good character.—Robert Mercer, grocer, had known prisoner for eighteen months and believed him to be a decent man.—The Bench being unable to agree—one being for a convieccion and one for an acquittal—decided not to deal with the case, but to leave it to be brought on again before another Bench. There being only two justices and not three the chairman had net a casting vote. —Inspector Mallard asked tho Court to pronounce an opinion on the case, but Mr Bastings said there being a diversity of opinion, and there being only two justices and not three they could not do so.—Mr Cook submitted that the Bench could not submit the case to a freshlyconstituted tribunal. If the Bench were unable to agree—and sitting as they did as a jury —they should give accused the benefit of the doubt. —Mr Anderson, as amicus cw'ice, pointed out that if the Bench were divided in opinion, and that if one magistrate was in doubt of the man’s guilt, it was fairly open to the other to gave way on that point.—Mr Bastings; Not if he is thoroughly convinced. Mr Cook thought that his Worship should give accused the benefit of any doubt—Mr Bastings : You don’t know which magistrate it is, and I am not going to inform you.—Mi Cook : No; but I am saying whichever it is.—Mr Anderson : I take it that sitting in the capacity of jurors as well as judges you should bo unanimous.— The Bench, after further discussion, decided in consideration of accused’s previous good character to discharge him.—lnspector Mallard asked the Court to make an order for the disposal of the property. He took it from what had transpired that the Bench thought the property belonged to prosecutor.—Mr Bastings (after furtherconsultation with Mr Leary): It is not necessary for us to make any order.— Inspector Mallard (to Constable Henderson): Hand the property to the man you took it from (accused) and get a receipt for it. Burglary.— Thomas Hewsonwas charged on the information of Constable Carter with hav-j ing, at Cavershara, on April 22, broken into and' entered the dwelling house of Jane Sharp, andl stolen therefrom three ounces of gold, one gold' s?al, and other property, the whole of the value; of Lls —lnspector Mallard stated that prose-i cutrix was suffering from a sprained ankle, andi would therefore be unable to attend for aomel time; and he purported producing sufficient! evidence to enable him to ask for a remand for seven days. He proposed that the depositions should not be taken, as this would necessitate ' the same justices again sitting, but that the' evidence should be merely heard j and that he j should be allowed to begin again dc novo. —-The | Bench concurred in this course, considering it unwise to take the depositions before the re* mand.—Mrs Browning deposed that she was left in charge of prosecutrix’s house, High street, Caversham. She visited the place at eight o’clock on the morning of the alleged occurrence and found everything safe. On returning at one o’clock she found all the windows had been opened and the flowers gone. She saw I • some one at her through the blind, but | was unable Iffttell whether it was a man or a j woman.—MihQbl. Walls, a little fellow about! ;iiiae years old, ©aid that he saw a man break: into the house -through a board on the day in' ■question. Inspector Mallard: Now, my boy,; look round and see if you can see that man. — 1 Witness (pointing to prisoner): That’s him up i there.—A remand for seven days was here applied for by the police and granted. Alleged Riot at Chain Hills.—The adjourned chaive against Antonio Lombardo, Martini -Phillips, and John Bollano, three powerfully-built Austrians, of assembling at Cham Hills and there rioting on Sunday night' last, was now taken.—Mr K. Cook defended the two first-named accused, and Mr Anderson, instructed by Mr A. J. Smythe, appeared to state that Bollaro had been an excellent workman and a most trustworthy fore man on the railway works at Chain Hills, I 'and had always been regarded as a 1 kind of peacemaker. These remarks were made in all sincerity, and, if necessary, Mr

TOuld appear to substantiate every S°n fallen from him (Mr Anderson). BoUaao being an excellent workman of so good \ c ij 4o ! 6 ' l Mr Smythe was desirous that he shonld be discharged.—Two fresh witnesses were called for the prosecution—George Quill William Jones, but nothing fresh was Both men stated that Bollano had, disturbance, acted as peacemaker between the other two accused,—The Bench, without calling on counsel for the defence, said that they were of opinion that there was no case to answer —at least none to warrant them in committing the accused for trial; in fact, they did net see anything against Ballano, who seemed to have acted the part of a good citizen—he appeared to nave tried to prevent the fracas. Lombardo had run a narrow escape, and they must caution him against using knives. The whole of the accuseds would be discharged.—Mr Anderson ; It is very desirable that these grog shanties should be put down. Mr Smythe complains bitterly of them, your Worships.—Mr Bastings: We wm do our duty if we possibly can. Prove a case against them and I will put them down. matter. —Mr Bastings: It is not the quantity the men drink—it is what they get to drink at these places that drives them mad. If they get good drink it would be different.