CITY POLICE COURT.

Evening Star, Issue 4057, 26 February 1876, Page 2

CITY POLICE COURT.

Friday, FiBBGABY 23 ( (Before V. Pyke, Esq;, RMi)

Alleged Embezzlement. —On his Worship tahicg his seat, Mr Barton addressed him thus: Your Worship, in dealing with Baisch’s case we .are going to ask for a further remand. On behalf of the accused: I atu instructed to ask lor a longer remand, and I pelieve the other side have nonobjection. It is for the purpose of completing the examination of thebooks.-*- iir Stout: 1 app ar for the prosecution, and shall not object to a short remand. I suppose a week will be sufficient., .The books are m.'tyet finished by our accountant, and 1 understand Mr Barton desires ah euuminationmadeon behalf of the acciiSed. Of couise we coul < not object to that.—Mr Barton : I am atnjd a week won’t do. I understand it will take a week for the other .side to Complete their examination.—Mr Stout (after consultation with prosecutor); Two Or three days would do for us. The case may be adjourned for a week, an * if accused is not then ready and requires a further remand I shall not object, but I shall only agree to a remand till Fnday now. Accused was remanded till Thursday Week, bhil being fixed as before,: viz.,' himself in £loo>and two sureties of LSO each. *

Dbdnkennkss, —Thomas Bloch and Wm. Cons were each fined sa, in default twenty-four hours’ imprisonment; Ann Kenny and Dennis Sampson, IQs or three days* each. , > Ohabgb Against a. Cabman. Sydney Thompson was charged with being drunk at 10.30 o’clock last night while in charge of a, horse and cab. —Constable Johnson said that last night he spoke to defendant, whose cab was obstructing part of.. Princes street. Defendant, who was very .drunk and unfit; ’to have -.charge, of a. cab,, become rather excited, and witness locked him np.-rOons'ables Stewort and Wrigot gave corroborative evidence.—Mr E. Cook, who de 1 funded, submitted that the constables h»d misapprehended the case, and had Acted hastily to a\Certain degree with an unnecessary purpose. The man had been very roughly handled by the oopstibles.—-James ME wan, cab-driver, said that he saw Thompson outride rho the tre a>. 10.15 p.m.. ,Hewa9 then quire sober.—William Carey gave similar ; vidence.— George* Blackmn, cab-propietor, gayr the constabe take; charge of Thompson's ‘ cab at. 10.30 p.m. Witness was dp. The latter, replied he.was arrested for Thompson was quite sober. At the lock-up tvro constables '‘‘chucked*’ him about apd reftiSed to alloVv hint to' walk by hitti-i self through the yardi thofigb he asked to be allowed to do RO.I—His 1 — His Worship did not think further evidence necessary. The Constable bad acted rightly in speaking to defendant ajiout. obstructing the street,' and hAd.it not been for Ors thb cons'able would probably not have interfered at all. As there was a conflict of eVi ' dance doubt and discharged. , r f Costly Joking.— Geotge Towsey pleaded not guilty to a charge of drunkenness.—Ser- < geant O’Neif stated that defendant came up to him and complained that be had been ejeOted from an hotel. As he YAS the worse fob drink, witness sent him about hie business. He re : fused to go, and on witness : tePing him would have to look him dp unless he went away, he consented to be taken to the lotlc-up, and was accordingly arrested^-—Defendarit lwho appeared to rejoice at bis position)': Well, I : thought you were joking with me Of else 1 Would not have gone, you bet I only look three " tots ” all day, and nothing more. As this wai his third offence, he -was fined 10.% m default three days’ impritonmeut. He elected to “ take it out.;’ , ■ r

Maintenance. Mary Murdoch charged ' illiam EnVe;t'», cah proprietor, w th refusing to support Lis illegitiuute male child, of wh-cn 4ie was the mother. Mr K. Cook appeatel' for complainant, and Mr M Keay defended.— The paternity had been, adjudged, and the action was merely to have the amount to be p »id fixed. Defendant had offered 7«* Gdner - week, but the .complainant asked for the) full amount .allowed -by statute, yi»„ ; 108,-Tho Court 7»dd per week im suffkiflnfy. ? v k.o ( vii /'> i/ .1 ad'V , ; ■ .V; p-*y.: :■

SaTTJBDAT, FeBBTTABT 26. ’ . . . \ v£. DBDNsjEKNiaa;—ThbAai Smith Beaufort werfr.uach fined ss, in dcf A j. four hours’ imprisonment j'W4Uipmlmey afid Wili am Fa<ker 10a, or Th< mss’Wood. ytaa charged* with" oroniiitfltiroßß,\ and with being hhhabituai fhankura. Prisoner ' said ke ooulon fr always be dm-k, bcoimse he \ cou’dtft always g?t the stated that prisqne twas almost, oobtinufkily ■■ dniok,and lhaths.wai a perfect teppurtiithe neighborhoo!. Emu dennibed pri» sbuer to bus of Vie ihen ih prfth Dunedin.—l'r sone'r saidhe was duly imposed as a member of the Good Templars onxueeday last, and that be was to have been balloted for ' this week. If be was sent to gaol the lodge would lose a distinguished and illustrious member of society.— His Worship said the lodge rwonld have tevdefoHts; opportunity while, for prisoner wouTq besthtto gadlTbr fourteen days for drunkenness, and for twomonths—cumulative on the* first—for habitual

drunkenness, Thomas Hancock, pubhoaa,- : vjrith stealing a bottle of ginger wine of the value of 4s, his property.—Piisoner’s conduct on bdhg jpuoed. ,-T m the dock caused his Wbrship to-'tokif h# was dtunk. - Inspector Mall rd replied theft prisoner had had an epileptip fit! this moroibg,;. and one last night.—The charge was. pidved,' ■■■ ahd prisoner was -eat to gaol for a month} the ' gaoler to bo ixform&l that he' had' takeh the * .s' fits, so that hd might have any nooetsary' f medical attendance.

Labobnt ab a Bailee.----Edward Price waa y charged on.remand w.th stealing..a mare, j saddle, and bridle, of the value of L 5, ihe pro- .., / petty of Hubert Goodi on, horse aemer, ’of 1 . v . which he was the bailee. Prisoner, being already committed for trial on a oriief charge.' ' be was hot called Upon to plead, but WM pto- ¥ ' oeeded againSii on the indictable offence. ■ " Prosecutor said that he lent , accused £ / a black mare, saddle, and, fdrf *» the. purpose of goirg to Tokomairirow Prsoner never returned the saddle, mate, or bridle, and the next place the witness saw. , the mare in was in an express in street,' * , three or four days afterwards. Hethen )e- g ported the matter to the police.' He never authorised prisoner to .dispose of the mare, dtHer- ' wise th>m for a god. dairy cow, which he said he could get for her at Tokomaiiiro. Nothing . ,/ was said about the saddle or bridle.—Bis Vr’or-'' ; ship : The case breaks down so far aa the marer v ia' concerned. Tiier- is no larceny as a ba|ke. , unless the bailment is the actual chattle or ihocey;' Here the p- oseoutoT gave prisodet a m aw, and the latler was to return him a cow. Qn’y ifo far aa thti saddld and bridle -are -bohcerned can the case go.. For, the mvre: prose- ‘•; entor has his.civil ritnedy. —lnspector Malv ; lord: If your Worship will pardon me, he sells the irnsre afterwards —His Worship ; ihe only, .. ‘bailment wga to same chattels or , tooUey.—iLßpßctOr Mfi lard argued: that tbe ■ accused, havidg. sold' thi) duara add the 1 money , to hit owo .u*e, he was;guilty' of the offence of: lurcency as a bmh-e. Ti.ec , mete conve sion was a>..a ogous to; Hisj Wo.-ship held ,thai! the accused, having . Taken the majre wit>» the ihtenltod bf .brittfingf , back the cow, could nr-t he' criminally .neia’ * , liable for any conversion of the mare after that. In sm port of hli view he cited “ Archhold -on p. -840 that ** » inatt ; cannot, 'how-' / iever. b'i convicted 1 ©! larceny as a bbilae uhless - the ibailment ,wns to re deliver the very same „ chattel,-or mbney.”—The Inspostor Ju&ed hnr .f 1 Worship to read .a little, .further . on, when it would be found that ** the determination of ihe

bailment . most' 'bd ! something'' ntulogora . : 4»< and H6toe aotjtauitbedoneincohhieieut; $ with the bailment.” The inct>&efatent<a6t Sons ;■. was the prisoner’s bringing the mare back ■ • fromTpkomairiro, printing the proceed* It his own pocket, with-, c out bringing back the eow.— His Worship was,. , satisfied that the bailment must be Mtta4 ’ 1 chattel,’and difittnesedthe base, sayihgthathe j Wo dd not sebd 'the taee to a grand jhryfor' - ' ohyjmonejr,' fortpdQ, so 71rould.be to imperil , «• hi* reputation.’* l ' ff