POLICE COURT

Hauraki Plains Gazette, Volume XXXIII, Issue 4489, 8 November 1922, Page 2

POLICE COURT

(Before Mr J. H. Salmon, S.ML)

THIRSTY SOULS IN TROUBLE

At the local Police Court on Monday last Thomas Adams, a Public Works Department labourer, was charged with being found in a drunken state in Belmont Road, Paeroa, on the 4th inst.., and .also with resisting Constable Mcdinchy ip the execution of his duty and using threatening behaviour.

Constable McClinchy, conducting the prosecution, stated that Adams had gone to To Aroha with some mates on Saturday and had come back in a drunken state, and with a bottle of schnapps’ in his possession. Owing to Adams’ threatening behaviour Constable McClinchy arrested him, and allowed him put on bail the next day in his own recognisance of £5.

Adams told His Worship that he was very sorry for his conduct, and that he remembered very little about it. He was convicted and fined £l, and costs ss, in default 14 days in Thames gaol on the first charge, and on the charge of resisting the constable he was convicted and fined £2, in default one month's' imprisonment in Auckland gaol. Paul Clement Callagher, of Corbett Street, Paeroa, whose case had been previously adjourned, was charged with that (1) on October 23, at Paeroa, he did wilfully .damage one police helmet valued at 17s 6d, the property of the New Zealand Government; (2) he did wilfully break one fountain pen, valued at 255, the property of Constable McClinchy; (3) on the same date, being a person convicted of theft, and placed on probatipp under the Offenders’ Probation Abt', 1920, for a term of two years, he did, during the said probation, commit a breach of the conditions pf his probation license; and (4) being a person 'against whom a prohibition order was issued, he did, during the currency of same order, procure liquor. Mr J. F. Montague appeared fop the accused and Constable Mcdinchy conducted the case fpr the Police. In his evidence Constable MeClinchy stated that op the date mentioned, which was a holiday, accused had returned to Paeroa in a very drunken and violent state, and had gone to his home in Corbett Street, where something apparently annoyed him, because he commenced breaking up the furniture, and smashed nearly all the windows in his house. Accused's wife and children were terrified, and sought the protection of neighbours. Constable McClinchy was sent for, and when he arrived at the house and approached accused lie was - dealt a blow by accused op the head with a br.oom, and it was during the struggle which ensued that the fountain pen and helmet became damaged. Constable McClinchy stated that accused had been convicted of theft about two years ago. Drink was his only downfall, and witness suggested that accused, who was a hard worker, be given anothiie chance and that he be placed on a term of further probation.

Mr Montague, on behalf ’of accused, pointed out that he was a married man with five children, whose ages ranged from nine years to two months, and that, his family had experienced a considerable amount of sickness, and if accused was sent to gaol it would mean that the wife and children would be left destitute. In asking for probation Mr Montague drew the attention of His, Worship to the good report ofXhe Police, and also to the fact that. Brpnan and Co. were prepared to take accused back into their employ. Mr Montague fully agreed with Constable McCHhchy that a further term of probation would meet the case, and asked His Worship to be good enough to consider the circumstances and give accused a further chance to become a decent citizen.

His Worship, in addressing accused. said that the terms of a probation order were not to be treated lightly. He was prepared, in view of the evidence and reports, to give him another chance, and warned accused to look after himself and not to again disobey the terms of his probationary license. Accused was convicted and admitted to probation for a further two years, subject to payment of costs on the four charges (28s) and to restitution being made to the amount of the damage done to the constable's pen and helmet (£2 2s 6d). WANDERING CATTLE.

George Wilkinson, tarmer, of Tirohia, was charged with that on September 15, being an owner of a beast, he did allow same to trespass on the railway line, contrary; to section 28 of the Railway by-laws. Constable McClinchy said that Wilkinson had been previously warned about straying cattle on the railway line, and in this particular instance the beast ’had been run into and killed. ■* /Accused handed in a written statement. His Worship said that the offence of allowing cattle to stray 011 the railway line was a very serious (me. Recently there ihad been two examples of railway accidents caused by cattle on the line, and people must be made to realise that the onus was on owners to prevent their cattle from straying. Accused was convicted and fined £2, with costs Ils, and witnesses expenses £l. A fortnight was allowed in which to make payment.