POLICE COURT.

Taranaki Daily News, Volume XXIV, Issue 111, 17 May 1902, Page 2

POLICE COURT.

Friday, 16' h May, 1902.—Before Mr R. L. Stanford, S.M. ALLEGED BURGLARIES. There wm a crowded Court on Friday morning, whan the men, whose j arrest we reported in our bst issue, ; were brought up, Trey are both young fellows, Rose being dark and slight, clean shaved and well dressed. Rsx is the teller of ; the t-.vo, is fair, and has a light | moustache. He looked grave, but bin I friend emil.d and looked quits uncanAs the men came into Court they were preceded by Constable Butumore carrying a black macintosh, a pair of boots, and (he black box the police were anxious to gat bold of. Constable Buttimore found the box in ,au earth closet near the Henui bridge, Devon-street. The men had baen seen about an empty housa there, and a search in the vicinity revealed the black box, wh;ch contained nothing j more mysterious thsn their stock in | trade, consisting of electric polish, brilI lian'' ine, and other linos.

The men were then charged under the names cf John Rex and Ernest Maltraverf, alias H?nry Rose, alias Joseph Wilson, with the following offences : and 15th they did break and enter the offices of ths Crown Dairy 00. ir. Queen-street, aud steal therefrom one overci&t the property of James Oliver, and one watoh the property of Hugh Baily; (2) that between same dates they did break and enter the dwelling of Henry Harvey, St. A.ubyn-street, and steal therefrom 12s 6d in money, and a pair of boots valued at 12s 6d. Sergeant, iJaddrell said he proposed to call pari of the evidence and then ask for a temand. Constable Buttimore stated he arrested accused in the Terminus Hotel, and charged them with having broken and entered the Crown Dairy C«mpmy's offices, and stolen a coat the property of James Oliver. He found the overcoat (produced) in a portmanteau which was claimed by the accused Rex. The portmanteau was at Mrs, Edwards' boarding-house, Broughamstreet. The pair of boots (produced) were being worn by Rex when he was arrested.

Jamas Oliver, accountant in the Crown Dairy office, siid he left the office towards 10 o'clock on Wednesday night. On to the office next morning he found tho drawers forced open. He missed a watch and overcoat belonging to himself. The mackintosh (produced) was his, as he knew it by certain marlie.

By Rex : He was shown the coat by the police before ho taw it in Court. He knew the marks on the coat before (.hat.

Henry Harvey stated he identified the boots (produced) as his, Ha knew thorn because they were laced on the left side. He was left handed. A' |sum of 12s was also taken from the house.

Sergeant Haddrell said he would apply for a remind for a week. Bex asked for a shorter remand, as he considered there was nob sufficient evidence to justify such a long remand. A remand till Monday would be su ®r cient. -fc,

Rose also pointed out that there was no evidence against him, and askad to be discharged. Sergeant Haddrell said that the men were always about together. Rex said there was no evidence against Rose, and he did not think the mnu should be detained.

Sergeant Haddrell said they would probably have several other charges, one of which would be that Rose entered Bfillringer's premises. His Worship remanded the men till next Friday. The accused, who did not ask for bail, were then removed to gaol.

ALLEGED CRUKLTY TO A CHILD. Caroline wife of Stephen Ch&iles Agate, of Urenui, blacksmith, was charged wi'h cruelty to her child, Fieddy Agate, a boy under the age of 14 years.

Sergeant Haddrell opened the case, and called, Constable B-attie, statio>ed at Waitara. Know accused, who lived at Urenui. Visited her place on the 4th April; saw a little boy playing on the road. I could not find the mother; she has two other children. I examined ths child that day. I found an healed sore on his back and two on his knee. The child seemed alright ; he spoke frealy. I saw him again oa the 6th May, but he would not answer. His mother and father were preseiu. On the first occasion he said how he go 1 -, ! ha mark on his neck; on the second occasion he would rot answer; his 'father is a blacksmith. He seemed] '.vol!, and with iho exemption of a slight j impediment ia his epeeuh he spokti freely. To Mr VVcs'von ; aoe/ncd alright, and bajond saykg Li:, laoiher had'left him hu setiiued quite bright. Ho seemed a lit'.ls downhearted."

A Maori earned Mrs Hortratid, gave •viderico t-h'it she kno* tb« accns-d; ike (jwt two younger children. Wit-

Bees had i-e -tj accuHed beating her child; had seen her doing it every day for nearly two years; she beats it witb the first thing that comes to hand, an enamel washing basin or anything. The child crios out; have sei-n her I beating it with tha blade of a spado; ishe uspr as a shovel. Witness had! seven children or' her own; considered i the punishment of the child too severe; | had remonstrated with accused; sin ■ said she b3ut it for disobedience; told me she hated the child because it was a 'boy.

To Mr Weston: There was no trouble between Mrs Agate and witness. Did not retnember Mr Aga'e shootieg her fowls. Saw marks on the child. The child is subject to sorts on the skin. The child looks to-day much as usual. ~

Fanny Bert-rand, daughter of last witness, nearly 14 years of age, lived within two chains of accused's house. S?e her hammer tha child in court every day. About three weeks ago saw accused punish the child. She used a spade, and struck him on the back. Did not seem to care where she hit him, Saw accused on one occasion pour a bucket of water over hiio, and then hunt him ineid'. She threw the water at him. Sho often gofs away and leaves him alone. She sometimes leaves the youngest child locked up in the house. She never takes tho hoy out wi'h her, but she often takes the little girl out with her. Have often seen htr kick the child. She treats this boy quite diffrrently to the other children.

To Mr Weston : Boys generally pet beaten more than gWs; that was witness's experience. Did not think the boy was a dirty boy. Mrs Tatv.ta (a Maori), who lived at Urenui, gave evidence that she frequently saw Mrs Agate beating her child. Thought the child was very badly used. Would not treat one of her children like that. Had spoken to accu-ad's husband about i 1". Suggested that the child should be given to her, and witness would look afrer it.

To Mr Westan : Did not know why the child was bswten. Saw him thrown outside. Asked f?r the child becausn it was beaten so much. I did not atk for the ba»y. Never saw the boy beaten with anything besides the stick. William Richards gave evidence of seeing the child beaten by its mother. The child only had a shirt on. The child fell down, but the punishment continued some time; never saw a child treated so before. Witness had six children of his own.

To Mr Weston: Can only speak of one occasion. Saw nothing to causo me to think the mother had cause to beat it. Did not sit in the doorway and sae the child washed down first. I will swear to that. The child was then taken into the Magistrate's room to be examined by the S.M.

This *as the case for the prosecution. Mr WostOD, for the defence, called John Rogers, carpenter, living at TJranui, who said hq lived in Mrs Agate's hou?e for four or five months iwo years ago, and vinitod it fteqnen ly sine:. Saw no differtnee in Mrs Agate's treatment of the children. Saw no ill-usage to the boy. Had often seen the child in the street. Knew Mrs Agate before her marriage, and have known her ever since. She is not cruel to her children. Cross-examined: Did not think it right to ill-use children or hit them on the head. To Mr Weston: Did not believe Mrs Agate was cruel to her children.

William Bishop, who lived near Agate's, said he was often in the house. Never saw any of the children illtreated. The boy suffered from skin sores. Saw the child bathed on one occasion, but siw no evidence of illtreatment. The child did not seem afraid of its mother. I was at the house sometimes through the week a"d on Sundays. Saw no difference in the treatment of the boy and girl.

Cress-examined: Was not a warn that it was common report at Ursr.ui that Mrs Agate was cruel to the child. £'. W. Fuller, who lived at. TJrinui, knew accused for- six years. They (Mr and Mil Agafc ■) live) in my house for sometime. Never saw Mrs Ag ■te ill-using her child. The child was ne?er cowed in the presence of its mother. 'The child had a ekin disease. Till tli* police took thi ctse up I never heard Mrs Agate was ill-using tha child. '.- t «^o3B-exi mined : Otuld not say what terms the witnesses for the police and the Agat»s were on S. 0. Agate, father of the child, mid he was in tfce habit of seeing the child undressed every night, and never ea<v any sign of ill-usage. Had never heard ,of any ill-usage of the children by his wife. '

Caroline Agate, the accusad, being sworn, said she had never taken a spade or an enamelled basin, or anything like that to best 'he child with. Had beaten the child with her hand, and sometimes with a stick. Had to correct the child owing to his dirty h'lbits. ©id not throw water over the child rs stated, but stripped him and washed him down. As to the sores on the neck, they were sores. The S.M. said he was satisfied the marks on the neck were sores, and uor the result of blows. To air Weston: Toe child had measles. Hnd no bad feeling towards the boy. Had the same fieling towards the boy as to the girl. To Sergeant Haddrell: The boy was in the hospital for some time, but took to both his father and mothtr on his return. Only corrected the child for dirty habiis. Sometimes months elapsed between the corrections. Chastisement seemed to have no good result. Had tried various kinds of punishment, but none hid effected a cure. Denied beating the child on the heid.

; | Mr Wtston submitted bo oasa for conviction had been established. The i Act was not intended to rueet esses where parents and neighbours dis- ■ agreed us lo the extent ot' punishment ■ inflicted. He reviewed the evidence, i commenting thereon, and on the ap ' pearance of the child. Ho referred so ; Constable Beattie'ti favourable report on the child. He submitted that th-' evidence did not show that the child > was brutally knoeked about i S.M.: For the reasons given by the 1 counsel for the defence ho had reluctantly come to the conclusion that the case was not oi,e for conviction. I; whs a proper cape for inquiry. He accepted the evidence of M s. B rfcrand as Lo the weapons used for pui&iehi ,g tha child, and he considered th >t U uc,. instruments us a shovel .ind onumei basin were most improperly usjti f.,r chastising a child wish. Wi:h reg-.;r.: | "- 1 pouring WdiGi' over the child coai*

i<' itsu»ps Lid iwoa awia to tfxjiain aw.>y j pile ciicuaiiUti<», tut noi at all suli.i-j f facwiiy. Ho considered ciiav, laajl I ixothui- h-id gone to clie very vaig« ot ( hsrW:: the pcats&aient J ' prcruloi 'or , bus L. viw of i,Le:

hufpy penal y i-.ttr.ehud to ti>e c fiance and the facs men'itonad by counsel for the defence, the oasa would bj dismissed. He hoped, however, that, the inquiry would do good and p event any further ill-treatment to the child in question, as well us act as a warning in oiber case?.

ALLEGKD DESERTION. John WoodH, charged with desertion from 0110 of his Majesty's warships, was brought up ou remand. Sergeant Haddrell siid as the result I of inquiries he was satisfied prisoner !was not the man wanted, and asked that he be discharged. This was done.

MAINTENANCE CASK. Leonard Oweu Hooker was charged with failing to provide for the maintenance of his fatter, an elderly man 61 yrais of age. Mr Wsston, instructed by Mr Caplen, of Hawera, called defendant, who said he was a married man with a wife and two children to keep. H.» had ottered to take his father to live wii h him half the year, but this was refused. He was willing to pay 5s a week, which vsas all be could afford. This was also refused.

Complainant gave evidence that he was singlf, 22 yoars of age, and was earning £3 Os 6d per week. It took him all his timo to keep the house. Had five sisters, three of whom were at home. Onu at Masterton helped him a little. Thought his brother should pay 7s 6d a week. The S.M, said he thought 5s a week a reasonable sum for defendant to pay, aud he would make an order accordingly.