CITY POLICE COURT.
Tuesday, JanuabyJ 4. (Before H, S, Fish, Esq., and J. Logan, Esq.. J.P.)
Drunkenness.—William M'Donald, Frank Snedder, Hugh Anderson, and James Smith, were all discharged with a cautien; James Stark and Jeremiah Lotey were fined ss, in default, twenty four hours’ imprisonment; Thomas Johnston, 30s, or forty-eight hours’. Obscene Language, —Thos. Tierney was discharged with a caution; Charles King was fined 10s, in default, twenty-four hours’ imprisonment ; Charles Cooper and Daniel M'llroy, iboth 20s, or forty-eight hours’; Geo. Johnston, 40s or three days’; John Wilks, 60s or seven days’. Disorderly Conduct,— Louis Ford, for conducting himself in a disorderly manner at the Caledonian Grounds yesterday, was fined 20s; in default twenty-four hours' imprisonment. House-breaking. Henry Smith M‘Coll was charged by James Barron, farmer, with breaking into his bonse at Green Island on Jamrryl. Mr B. Cook, who defended, said said that prosecutor was desirous of withdrawing the charge. To this course Inspector Mallard demurred, and as prosecutor again, expressed a desire not to press the charge, it was withdrawn, and a fresh complaint laid by the police. James Barron was then called, and deposed that on January 1 he and his family went to the Green Island sports, after having secured his house. On returning in the afternoon he found prisoner lying in the kitchen drunk. Some whisky had been taken out of an vllaged bottle, which witness left on the table. No goods had been removed. Witness, on going to the back of the house, found the window had been broken, also the framework, —By Mr Cook ; There was a sum of money on tbe mantelpiece.—Constable Vernon deposed that he saw Mr Barron at the Green Island sports on January 1. He also saw prisoner there. The latter came up to him and said he was going home. He lives at Brighton. This would be about a quarter past one. Witness next saw Mr Ban on. He came up to him about 3.30 p.m, and said his house had been broken into. Witness proceeded to Mr Barron's bouse and found prisoner lying in the front room, helplessly drunk. He proceeded to the kitchen, where ho found the furniture strewn about and the kitchen window frame broken.—The Bench took till to-morrow to consider the case. Prisoner to be admitted to bail, himself in LSO and two sureties of L 25 each.
Wednesday, January 5. (Before H. S. Fish, Esq., and J. Logan. Esq,, J.P.V)
Drunkenness. —Daniel MoL. Cbrystal was fined 5s ; Wm. N. Thomson, 10s, or forty-eight hours’ imprisonment; and James Tanner, 40s. Alfred Takenut, who accosted Constable MV'onuell in Priuees street last night and inslstsd on being taken into custody, and who now said he was merely a little excited, was discharged with a caution.
ALLEGED Burglary.— Henry Smith M'Coll, remanded from yesterday, was chargfd with burglariously entering the premises ef James Barron, farmer, Green Island.—Mr Fish said the Bench had, after consideration, determined to discharge the accused. They were of opinion that to sustain the charge, feloiflous intent must be clearly proved ; and in the evidence and the circumstances surrounding the case there was an absence of felonious intent. Mere breaking into a house did not make an offence under the Larceny Act, under which the accused was charged. It was quite open to the police to bring the accused before the Court upon another charge under the Malicious Injuries to Property Act, when perhaps it might be dealt with. The Bench gave no direction in the matter, leaving it to the police to take their own course. Accused was accordingly discharged.
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https://paperspast.natlib.govt.nz/newspapers/ESD18760105.2.12
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Evening Star, Issue 4012, 5 January 1876, Page 2
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597CITY POLICE COURT. Evening Star, Issue 4012, 5 January 1876, Page 2
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