RESIDENT MAGISTRATE’S COURT.—-GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1260, 27 January 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—-GISBORNE.

This Da y. [Before His Worship the Mayor, E. K. Brown. Esq., J.P., ana A. Graham, Esq., J.P.] Breach of Borough Bye-Laws, Robert Booth was summoned for being away from his horse and trap on the 10th inst., so as not to have control of the horse drawing the vehicle, Constable Wilson proved the case. Ellen Greene was culled, but she had very little to say in reference to the matter. This was all the evidence. The defendant made a, short statement to the effect that the horse had been frightened, and had started off. The Bench fined the defendant 10s., and costs of Court, 7s. Attempted Rape. ‘ Frank McDonald was brought up on remand, charged with the above offence. It will be remembered that the Resident Magistrate, Mr Price, on the last occasion the accused was brought before the Court distinctly intimated that unless the police were prepared to go on with the case to-day, by producing the warrant, he would dismiss the case. In the face of such an expression from the Bench, Sergeant Donnelly asked for another remand, in order to allow of time for the warrant to reach here from Auckland. In answer to the Bench, the Sergeant said he could not tell when the warrant might arrive here. Mr H. E. Kenny, solicitor, who happened to be in Court, said that as an amicus curiahe would call the attention to the Bench to the hardships to which the accused had been subjected since his arrest in Gisborne on the above charge. He had been arrested on the Sth instant, and had been remanded from time to time by the Resident Magistrate, who emphatically stated at the time of the last remand that he would grant no further remands unlesss the warrant was forthcoming. It was monstrous to suppose that a man presumably innocent was to be detained in custody at the beck and call of the police, and through the derilection of duty of those police officers who had made a bungle in forwarding the warrant. He considered it was a great shame that the accused should Be detained in custody for another day through the negligence of the Police at Tologa Bay. He might state in this case he appeared for the accused without any fee or reward of any kind, because he considered that a great hardship had been inflicted on the accused, and he considered the accused should certainly not be allowed to suffer through the laches of the Police. The Bench said that they fully concurred in the remarks which had fallen from Mr Kenny, and they did not feel disposed to grant any further remand. The accused would therefore be discharged.