POLICE COURT.

Gisborne Times, Volume XXII, Issue 1721, 11 April 1906, Page 2

POLICE COURT.

There was a considerable amount of business dealt with yesterday by Mr Barton, S.M. ' The first cases consisted of a series of breaches of by-laws. A. J. L. Cuff was fined 10s and 7s oosts for oyoling on.- the footpath Robert Gardiner, who explained that he was a new chum to trains, aud did not know that be ran the risk of a fme, was called upon to pay 10s and 9s costa for quitting the train while in motion. A batch of oharges were brought by the police for trespass on the railway line between the wharf and railway station. Frederick Palmer was first called upon and in pleading guilty explained that he had gone on the line in pursuance of hie duties in connection with shipping. . Sergeant McKenzie Baid the proceedings bad been taken at the instance of the railway authorities as a warning against general trespass. At tKa place in question there was a curve, and as the train ranv to the wharf at various hours of the night and day, the authorities were anxious, to guard against accident. His Worship said that that portion ol the line had been used by the public for many years, and it would have been better to have given the public some warning through the press before instituting proceedings. He would impose a nominal fine cf Is without costs Similar fines were imposed in charges against Duncan Hepburn, Donald Manson and William Smith, His Worship adding that in the future, this warning having been given, heavier fines would be imposed in the oase of ttespass. A charge of stealing a turkey valued at 5s was preferred against two Ormond youths, Robert Parsons and Michael Boniface. Mr W. L. Rees represented the acoused. The turkey was owned by Newman Bros., of Ormond, and was running on their property whioh had been leased to Mr Con Neenan. The evidence of Reginald Newman and Heotor Blaiti' was that the accused had run down the turkey with a deg, The bird had been killed evidently with a knife, and aoensed ran away on noticing that they had been seen. The explanation given by the defence was that the dog had chased a hare and they had followed it into the scrub ; later they found the dog worrying . a turkey, and thought best to finish it with a knife. Seeing Blain pointing a gun they ran away. In reply to argument of counsel, His Worship held that it was sufficient to show intent. The story of chasing the hare might be true, but ha was BBtiefied that when the aooused came across the turkey they meant to take it, He fined eaoh of the acoused £3 2s 6d and cosis.

A charge of fruit stealing was surrounded by unusual circumstances, the fruit haviog been taken away in sacks in a vehicle in broad daylight in the view o passers by. The Booused were John McKellar and Albert Liohtwark, represented by Mr T. Alston Coleman, tbe oharge being that on the Bth inßt. they had stolen apples valued at 30s from the property of Mr W. Sievwright, solicitor. Sergeant McKenzie conducted the proseoutioo, and caUed Messrs Sievwright, J. B. Adams and B. L. Soott, the latter two being gardeners in the employ of Mr Sievwright. ' They gave evidenoo as to fruit being missed, and McKellar oomiDg to Adams’ house and asking if the proseoution could not be stopped. Adams said . that it could not, and. denied having said that had be known it was McKellar nothing would have been done in tbe matter. The taking of the fruit by MoKeliar was admitted by Mr Coleman. Other witnesses for the proßeoution were T, N. Andrews, who had seen the accused in tbe trap and had been asked if he was going to get fruit too as he passed on, and G. A. and A. W. Beere, who had seen the acoused alongside the 01 chard putting a oouple of sacks into a trap. Constable Wales deposed that he had interviewed Lichtwatk, who bad said that he had gone on the invitation of McKellar, believing that the latter had permission to take the apples.

John MoKellar, one of tbo aooueed, admitted that he invited Lichtwark ahd George Williams to go with him to get apples. It had been done quite openly on Sunday last, Liohtwark having gone in with him. He claimed that about two years ago Adams, who was in charge of the ground, had given him permission to take apples, as they were rotting under the trers, and he had told Liohtwark that he had such authority. He had not had any petmiasion this season, nor had'be been there before this season. He knew the property belonged to Mr Sievwright. A. Lichtwark gave evidence as to going on McKellar’s invitation. He had no idea who owned the orohard, nor any thought that he was doing wrong, George Williams deposed to haviDg been invited by MeKellar to aocompany them to get some fruit, and this was sub" stantiated by other witnesses. His Worship dismissed the oase against Lichtwark, believing that be had been led into the trouble by MeKellar. As to the latter, he was satisfied that no authority had been obtained, It was most annoying to orehardists, after fighting against pests through the year, to have their trees stripped, and also damaged. Some exouse might be found for children being tempted to take fruit, but not so for an adult, Had accused asked permission he believed it would have bsen readily given by Mr Sievwright. He hoped that this case would, prove a warning, as it was intended to A fine of £5 would be imposed, with 30s for the value of the fruit, and £1 18s fid costs.