No. 18.] JJ^ DEPARTU. • « 241 NEW ZEALAND POLICE GAZETTE. PUBLISHED BY AUTHORITY. WELLINGTON, WEDNESDAY, MAY 31, 1911. NOTICE.— For instructions as to the manner in which reports are required to be furnished for the com- pilation of the Police Gazette see Gazette No. 1 of this year. The arrest of offenders described in the Police Gazette, or respecting whom crime reports have been forwarded for insertion in the Gazette, should be promptly notified by the member of the Force effecting the arrest. When notifying the arrest of persons charged with theft or suspected of theft, it should be stated whether the pro- perty stolen, or any portion of it, has been recovered. A description of property supposed to be stolen, found in the possession of offenders, for which owners cannot be found, shall be furnished for insertion in the Gazette. All communications concerning this Gazette should be addressed to the Commissioner of Police, Wellington, and the envelope marked " For Gazette." Members of the Force in charge of out- stations will forward them direct. PERSONS WANTED. AUCKLAND.— 19th instant, on warrant for deserting his wife, Susan Mackie, David Mackie. ago thirty, height about 5 ft. 7 in., hotel porter, native of Ireland, stout build, fresh complexion, black hair, grey eyes, scar above right eye, right forefinger- nail deformed ; dressed in brown coat, dark- blue trousers, and white vest. Photograph filed in the In- spector's Office, Auckland. AUCKLAND.— 18th instant, on warrant for deserting his wife, Ada Cunningham, James Cunningham, age fifty- nine, height 5 ft. 8 in., brass- moulder, native of Scotland, stout build, dark complexion, grey hair, bald on top of head, grey eyes, scar on left temple, naval and military emblems on arms. He may have gone to Sydney. AUCKLAND.— 22nd instant, on warrant for deserting his wife, Jane Auckram, at Parnell, Thomas Wilfred Auck- ram, age about forty, height 5 ft 9 in., tailor, native of New Zealand, stout build, sallow complexion, brown hair, large grey eyes, clean- shaved, limping gait; dressed in light- grey tweed suit, grey overcoat, and hard hat. He may be using the name of Clark, and is supposed to have gone to Sydney. AUCKLAND.— 13th January last, on two warrants of commitment to Mount Eden Prison for seven days and forty- eight hours respectively in default of paying £ 3 10s. fine and costs for selling fruit under weight and com- mitting a breach of the City By- laws, Anthony Hesse, age twenty- six, height 5 ft. 6 in., hawker, native of Australia, florid complexion, fair hair, blue eyes, pimples on face; usually dresses well. He was last heard of at Te Kuiti, and may have come to Wellington in company with William Spittlehouse. AUCKLAND.— 28th March last, on two warrants of com- mitment to Mount Eden Prison for seven days on each in . default of paying £ 3 fine and costs for resisting the police and wilful damage, Albert Joseph Payne, alias Wil- liams, age twenty- nine, height 5ft. Gin., carpenter, native of New Zealand, fresh complexion, brown hair and eyes ; very fond of drink. He is supposed to be employed in the Waiwera district TE KARAKA.— 14th ultimo, that he may be served with a summons for playing " two- up," Bert Simpson, age twenty- six, height 5 ft. 8 in., labourer, native of New Zealand, slight build, dark complexion, light- brown hair, small dark moustache only; dressed in blue suit ana black hard hat. He is supposed to have gone to Auckland in company with a man named George Cuttle. TE KARAKA.— 13th instant, that he may be served with a summons for being drunk in a railway- carriage on the Gisborne- Rotorua Railway, Edward Bowler, age thirty, height 5 ft. 6 in., labourer, native of New Zealand, dark complexion, dark- brown hair, brown moustache only ; dressed in blue or black suit. He was last heard of at the railway- construotion works at Otoko on 26th March last. TE KARAKA.— 18th instant, that he may be served with a summons for behaving in an offensive manner to the annoy- ance of others in a railway- carriage, James South, age thirty- five, height 5 ft. 8in., wharf iabourer, native of New Zealand, dark complexion, dark- brown hair and moustache, slovenly appearance ; dressed in dark- blue suit and tweed cap. He was at Gisborne on 6th instant, and intended going to Wairoa. TAUMARUNUI.— Clarence Russell, alias George, alias James Nicholson, alias F. Wilson, wanted on war- rant for default of paying fine and costs, was arrested by Constable J. T. Morris, at Tokomaru Bay, on 20th ultimo, but escaped from custody. ( See Police Gazette, 1911, page 119.) 242 N E W Z E A L A N D P O L I C E GAZETTE. [" APRIL 26 WAIPAWA.— 20th ultimo, on warrant for leaving New Zealand after a complaint, but before a maintenance order was made against him, for the support of his five children, Gideon James Grant, age forty- five, height 6 ft. lin., labourer and contractor, native of Scotland, brown hair turn- ing grey, brown moustache only, grey eyes. He was last heard of at Cambridge in March last, when he is supposed to have left for New South Wales. He is believed to have a brother in Tasmania. ( 11/ 1052.) WAIPUKURAU.— On or about 28th March, 1910, on war- rant for theft of a double- barrel breach- loading gun, value £ 8, the property of Thomas Guthrie, contractor, Hatuma, Bert Guthrie, age twenty- six, height 5 ft. 10 in. or 11 in., labourer, native of New Zealand, fair complexion, light- brown hair, blue eyes; dressed in dark suit and hard hat. He was last heard of at Richmond Brook Station, Blenheim district, where the stolen gun was recovered by Constable G. A. Williams, Seddon police. PETONE.— 15th ultimo, on warrant of commitment to Wellington Prison for four days in default of paying £ 1 lis. fine and costs for assault and drunkenness, James Gib- bons, or Gibbs, age twenty- one, height 5 ft. 7 in., labourer, native of Victoria, thin build, fresh complexion, auburn hair, blue eyes, clean- shaved ; generally dressed in dark suit and green cap. WESTPORT. — 22nd instant, on warrant for failing to provide for the support of his wife, Jessie McLaren, Daniel McLaren, age thirty- four, height about 5 ft. 8 in., labourer, native of New Zealand, fair complexion, brown hair, blue to grey eyes, thin features, light- brown moustache only, irregular upper front teeth, scar over left eye; generally dressed in dark suit and hard hat. Photograph filed in the Inspector's Office, Greymouth. He was last heard of at Picton in March last, and intended going to Gisborne, where he may be found associating with the Maoris. CHRISTCHURCH.— 1st instant, on warrant of commit- ment to Lyttelton Prison for forty- eight hours in default of paying 15s. fine and costs for obstructing a footpath, John Harling, age thirty, height 5 ft. 10 in., cordial- manufacturer, native of New Zealand, slight build, fair complexion and hair, slow speech; dressed in brown- tweed suit and grey slouch hat. DUNEDIN.— 24th instant, that she may be compelled to contribute towards the maintenance of her child, an inmate of Caversham Industrial School, Emma Frances Lewis, age thirty- five, height 5 ft. 4 in., native of New Zealand, ruddy complexion, brown hair, blue eyes, front teeth missing. ( See Police Gazette, 1909, page 309.) She is supposed to have gone to Christchurch, about January last, in company with Edward Elliott, age about forty- four, height 5 ft. 9 in., native of England, expressman, stout build, fresh com- plexion, brown hair, eyes, and moustache. APPREHENSIONS, PERSONS FOUND, ETC. AUCKLAND. — Thomas Connolly, default of mainten- ance, has been arrested by Constable Larmer, Porangahau police. ( See Police Gazette, 1911, page 201.) AUCKLAND. — Charles John Christopher Tabrum, disobeying an order of Court, has been arrested by Detective Rawle and Acting- Detective Cameron, Wellington police. ( See Police Gazette, 1908, page 419.) AUCKLAND. — George Edward Rice, wife - desertion : Warrant cancelled. ( See Police Gazette, 1908, page 317.) AUCKLAND.— William Chivers, absent without leave from the s. s. " Clan Ross," has been arrested by Constable M. Gourley, Auckland police. ( See Police Gazette, 1911, page 231.) AUCKLAND.— Frank Albert Cooper, breach of Bank- ruptcy Act, has been arrested by Constable Lamb, Blenheim police, on information supplied by Detective Cassells and Acting- Detective Mason, Wellington police. ( See Police Gazette, 1911, page 163.) AUCKLAND.— Alfred Sterling, failing to provide for the maintenance of his illegitimate child, has been arrested by Constable Weir, Portobello police, on information supplied by Detective Connelly, Dunedin police. ( See Police Gazette, 1908, page 271.) AUCKLAND.— Alexander Watson, default of mainten- ance, has been arrested by Constables Montgomery and Woodley, Karangahake and Waikino police. ( See Police Gazette, 1910, pages 313 and 371.) WAIHI.— John Albert Hill, failing to comply with the conditions of his release on probation, has been arrested by Constable Lander, To Awamutu police. ( See Police Gazette, 1911, page 231.) TAIHAPE.— Charles East, default of maintenance, has been found by Detective Cassells and Acting- Detective Mason, Wellington police. ( See Police Gazette, 1910, page 525.) DANNEVIRKE.— William Black, gambling on a railway carriage, has been served with a notice of fine by Sergeant Black, Dannevirke police. ( See Police Gazette, 1910, page 534.) WELLINGTON. — Albert H. Searle, an absentee from H. M. S. " Cambrian," has been arrested by Constable Watts, Ashhurst police. ( See Police Gazette, 1911, page 234.) CHRISTCHURCH.— Ellen Nora Barker has been found at Ashburton. ( See Police Gazette, 1911, page 90.) CHRISTCHURCH. — John Wright, alias Darkey Wright, default of fine and costs, has been arrested by Detectives Gibson and Ward, Christchurch police. ( See Police Gazette, 1911, page 232.) CHRISTCHURCH. — George Forgeson, alias Georgeson, default of fine and costs, has been arrested by Detective Gibson, Christchuroh police. ( See Police Gazette, 1911, page 232.) CHRISTCHURCH.— Charles Hawes, default of sureties, has been arrested by Detectives Gibson and Ward, Christ church police. ( See Police Gazette, 1911, page 88.) LINCOLN.— Samuel Cox, alias McDonald, an ab- sconder from Burnham Industrial School, has been arrested by Constable F. D. Macartney, South Dunedin police, for housebreaking at St. Kilda, and sentenced to one year and reformative detention for four years. ( See Police Gazette, 1910, page 403.) ASHBURTON.— Hugh McKillop has been found at Christ- church. ( See Police Gazette, 1911, page 194.) DUNEDIN.— Thomas Kelly, default of paying fine and costs, has been arrested by Acting- Detective Osborn, Christ- church police. ( See Police Gazette, 1902, page 166.) DUNEDIN.— Archibald Leckie, failing to provide for the maintenance of his wife, has been arrested by Sergeant Folley, Reefton police, on information supplied by Constable Mclvor, Blackball police. ( See Police Gazette, 1911, page 223.) RANFURLY.— Robert Ward, false pretences, has been arrested by Constable A. McLeod, Taihape police, and remanded to Taumarunui on a charge of theft. ( See Police Gazette, 1911, page 78.) SYDNEY.— Henry A. Elliott, deserter from H. M. S. " Edgar," has been arrested at Sydney. ( See Police Gazette, 1911, page 234.) SYDNEY.— George F. Mitchell, deserter from H. M. S " Edgar," has been arrested at Sydney. ( See Police Gazette, 1911, page 234.) BASSINGSTOKE ( ENGLAND).— James Ernest Morley, inquired for by his wife, has been found by Acting- Detective Carney, Lyttelton police. ( See Police Gazette, 1911, pag6 235.) 243 N E W Z E A L A N D POLICE GAZETTE. [" APRIL 26 PROPERTY STOLEN. AUCKLAND.— On 4th instaut, from outside Partridge and Co.' s warehouse, Customs Street, the property of ROBERT ROY FORBES, tobacconist, Kingsland, a gentlemen's Skeates and White bioycle, low- set steel handles, steel rims, maker's monogram over front fork ; value, £ 6. Identifiable. NEWTON.— About 1st March last, from the bedroom of ANNIE SUGDEN, domestic servant at Mrs. Collie's, Upper Pitt Street, a ladies' 18 ct. gold ring with six diamond sparks in old- fashioned setting, and two half- sovereigns ; total value, £ 7. Ring only identifiable. DANNEVIRKE.— 9th instant, from outside the Evening Ncivs Office, the property of ARTHUR LEONARD FAIR- BROTHER, farmer, Ruaroa, a gentlemen's Premier bicycle, No. 264507, Nonpariel transfer, handle- bars upturned, rusty, and slightly injured, cork grips ; value, £ 15 15s. Identifi- able. MARTON. — 15th instant, from outside his shop, the property of FRANK HALIGAN, draper, a gentlemen's free- wheel Bell bicycle, No. 2024, upturned handles, right grip missing, broken mud- guard on back wheel; value, £ 8. Identifiable. WELLINGTON.— On or about 20th ultimo, from the s. s. " Ulimaroa," between Lyttelton and Wellington, the property of THOMAS McINERNEY, steward, a gentlemen's silver Elgin hunting- watch, No. 423sgV^, nearly new; value, £ 3 5s. 6d. Identifiable. HOKITIKA.— On or about 7th instant, from the bedroom of BRIDGET PEARN, hotelkeeper, a ladies' 18 ct. gold hunting keyless engine- turned Rotherham watch, No. 41304 ; and a ladies' gold muff- chain, fetter- and- three- ovals pattern, with a plain gold cross about ljin. long, and a Jubilee sovereign attached : total value, £ 25. Watch, chain, and cross identifiable. RANGIORA.— 20th instant, from a wash- house attached to the dwelling of WILLIAM RALPH GARDNER, flour- miller, Cust, a gentlemen's bicycle, No. 270, B. S. A. parts, " Boyd and Sons, Christchurch," transfer over front fork, 24 in. frame, black- enamelled, straight handle- bars, rat- trap pedals, mud- guards ; value, £ 12. Identifiable. TIMARU.— Between 1st and 7th instant, from a whare at Opihi River, the property of JOSEPH SMITH, 36 Barnard Street, a new Hollis double- barrel, hammerless, breech- loading gun, No. 79864 ; value, £ 8. Identifiable. MILTON.— On or about 17th instant, from the yard of GEORGE McLEOD, farmer, North Branch, a darK- bay gelding, eight years old, about 15 hands high, black points, unbranded ; value, £ 12. Identifiable. PROPERTY RECOVERED. AUCKLAND.— A. KOHN'S EXECUTORS' jewellery has been recovered by the San Francisco police, and William Rogers, alias Val. Turner, and Maud Rogers, alias Phillips, charged with the offence. Extradition proceedings have been taken. ( See Police Gazette, 1911, page 131.) ( 11/ 610.) WELLINGTON SOUTH.— The WELLINGTON CITY COUN- CIL'S coins, stolen from the Wellington South Museum, have been recovered by Detectives Rawle, Lewis, and Andrews, and Acting- Detective Cameron, Wellington police, and Arthur Thomas Reid, alias Arthur Thomas, has been sentenced to two years for the theft of them. ( See Police Gazette, 1911, page 165.) TIMARU. — MICHAEL FREDERICK DENNEHY'S bicycle has been recovered; not stolen. ( See Police Gazette, 1911, page 99.) ABSCONDING FROM INDUSTRIAL SCHOOLS. AUCKLAND.— Frank Connelly, age thirteen, thin build, fair complexion and hair; dressed in dark suit and cap. Norman Pearce, age fourteen, dark complexion and hair; dressed in brown suit and cap. The above boys absconded from Takapuna Industrial School on 9th instant. REEFTON.— Phillip Hynes, age eighteen, height about 5 ft. 6 in., dark complexion, dark hair, brown eyes, prominent nose ; dressed in dark suit, tan boots, and hard hat. Ab- sconded from licensed service with Patrick Smith, Cronadun, on the 13th instant, and belongs to Stoke Industrial School. LINCOLN.— 20th ultimo, from Burnham Industrial School, Angus McPherson, age sixteen, height 5 ft. 7 in., fair freckled complexion, light- brown hair, blue to grey eyes ( set wide apart), full round face, broad forehead; dressed in grey- tweed coat and vest, slate- coloured cord trousers, and tweed cap. His mother resides at Ardgowan, Oamaru. ( See Police Gazette, 1909, pages 397 and 425.) Charles Pettigrew, age nineteen, height 5 ft., sturdy build, fair complexion, brown hair and eyes; dressed in grey- striped tweed ktjicker suit, black stockings, and tweed cap. His mother is living in Sydney. Caleb Joshua Reed, age twenty, height 4ft. 10in., medium build, inclined to be bandy- legged, dark complexion, brown hair, grey eyes ; dressed in grey- tweed coat and vest, bruwn- cord trousers, and tweed cap. His parents reside in Auckland. DESERTERS FROM HIS MAJESTY'S SERYICE. From H. M. S. " Penguin." SYDNEY.— Frederick Bubear, age twenty- eight, height 5 ft. 8 in., lance- corporal, native of England, light brown hair, hazel eyes, fresh complexion. A reward of £ 3 is offered for his apprehension. From H. M. S. " Powerful." SYDNEY. — Thomas Levi Wills, age twenty- nine, height 5 ft. 11 in., signalman, native of England, light hair, grey eyes, fresh complexion, " T. I. " on right arm, and " T." and anchor on left arm. Deserted 6th instant. John Mononth Scott, age twenty- two, height 5 ft. 6J in., ordinary seaman, native of England, brown hair, hazel eyes, fresh complexion. Deserted 7th instant. George Henry Francis, age twenty, height 5 ft. 8 in., A. B., native of England, brown hair, light- blue eyes, fresh complexion, " Nellie Newton " on left arm. Deserted 7th instant. Henry James McLoughlin, age thirty- five, height 5 ft. 8 in., musician, native of Ireland, light- brown hair, grey eyes, ruddy complexion. Deserted 9th instant. Henry Woolaway, age thirty- two, height 5 ft. 10 in., blacksmith's mate, native of England, brown hair, grey eyes, fresh complexion. Deserted 3rd instant. John Bates Aston, age twenty- four, height 5 ft. 8 in., A B., native of England, red hair, blue eyes, fresh com- plexion, scar on head. Deserted 3rd instant. William Thomas Amor, age twenty, height 5 ft. 3 in , stoker, native of Sydney, light- brown hair, grey eyes, fresh complexion, girl's head with words " Kate Carr" above and " Kate Ellis" below it, heart, scroll, and " Mother" on right forearm. Deserted 4th instant. Henry Ford, age twenty- three, height 5 ft. 9 in., stoker, native of Sydney, dark- brown hair and eyes, dark complexion, woman, " P. F.," flag, sailor, cross, and anchor on left arm, sailor in rigging, and anchor on right arm. Deserted 4th instant. A reward not exceeding £ 3 is offered for the arrest of each. From H. M. S. " Torch." SYDNEY.— George Benjamin Gedge, age twenty- five, height 5 ft. 8 in., stoker, native of Yarmouth, dark hair, blue eyes, dark oomplexion, tattooed on both arms. Deserted 5th instant. 244 N E W Z E A L A N D POLICE GAZETTE. [" APRIL 26 George John Farnham, age twenty- three, height 5 ft. 10 in., native of Stapleford, Herts, England, light- brown hair, blue eyes, fresh complexion. Deserted 5th instant. A reward of £ 3 is offered for the arrest of each. MISSING. —•.•• OO'O-:— GISBORNE.— Since 23rd ultimo, Rhoda Smith, age twenty- nine, height 5 ft. 6 in., married woman, native of New Zealand; generally dressed in dark skirt and long blue jacket, and wears tusk- shaped mother- of- pearl broocb. She is accompanied by Gladys Ellen Smith, age eight, and may have gone to Okarito with Frank Melville, fell- monger, age forty- five, height 5 ft. 6 in., fair complexion and moustache, slim build, round shoulders. Inquiry by her husband, Charles Smith, who wishes her to return. INQUIRIES, ETC., FROM OUTSIDE NEW ZEALAND. SYDNEY.— A warrant has been issued by the Water Police Bench for the arrest of John Scotland, charged with the theft, as a servant of the Federated Seamen's Union of Australasia, Sydney, between the 30th ultimo and the 7th instant, of £ 16 10s., the property of Peter Mclntyre and others. Defalcations large. He is about forty years of age, 5 ft. 9 in. high, slight build, dark complexion, dark hair aud moustache only; slovenly appearance; fre- quents pony races. He was seen in Sydney on the 7th instant. Arrest desired. NEWBURY ( ENGLAND.)— Inquiry requested for William Alfred Mosdell, age twenty- eight, native of England, medium to strong build, erect gait, dark complexion, light- brown hair and moustache, brown eyes, boil- marks on neck ; dressed in brown suit and black hard hat or grey cap. Pho- tograph filed in the Commissioner's Office, Wellington. He was last heard of on or about the 10th instant, at Methven, and may be employed by a Canterbury farmer. Inquiry by his sister, Lizzie J. Mosdell, 5 Shaw Road. ( 11/ 991.) MISCELLANEOUS INFORMATION. Resignation. No. 1661.— Constable Sleeth, David Henry. 20th May, 1911. LAW REPORT. (" New Zealand Law Reports," Vol. xxx, page 282.) [ S. C. IN BANCO. WELLINGTON—( STOUT, C. J., COOPER AND CHAPMAN, JJ.)— 4TH NOVEMBER, 1910.] WALDEN V. COLLINS. Trespass— Racing Club— Ticket of Admission to Course a Revocable License— Authority to warn- off Undesirables— Discretion absolute— No Necessity to prove Undesirability — Refusal to leave on being requested— Trespasser— The Police Offences Act, 1908, Section 6. A ticket to admit the holder to a racecourse is a mere license to go on the land, and can be revoked at any time : Wood v. Leadbitter ( 14 L. J. Ex. 161) followed. A holder of a ticket who refuses to leave the course upon receiving the statutory warnings becomes a trespasser within the meaning of section 6 of the Polioe Offences Act, 1908. Where a racing club invested its servants, private detectives, with full powers to " warn off, exclude, and eject from the racecourse all persons whose presence they should in their absolute discretion consider undesirable, whether from a racing point of view or otherwise,"— Held, On an information for trespass under section 6 of the Police Offences Act, 1908, it was not necessary to prove the person's undesirability, the matter being in the absolute discretion of the detectives : Powell v. Apollo Candle Company ( Limited) ( 10 App. Cas. 282) followed. APPEAL from a decision of W. G. Riddell, Esq., S. M., at Wellington. The defendant, William Collins, was charged on information with trespass on the Trentham Racecourse on the 9th day of April, 1910, contrary to section 6 of the Police Offences Act, 1908. The Wellington Racing Club had authorized its servants, private detectives, of whom the appellant was one, " to warn off, exclude, and eject from the racecourse all persons whose presenco they should in their absolute discretion consider undesirable, whether from a racing point of view or otherwise." The appellant, relying on some information received, warned off the defendant, who refused to leave the course. The defendant was the holder of a ticket of admission to the racecourse. No evidence was given before the Magistrate of the defendant's undesirability nor of the information upon which the appellant acted. The Magistrate dismissed the information, holding that proof of the defendant's undesirability was essential. STOUT, C. J. :— In my opinion the Magistrate was wrong in holding that it was necessary to prove the respondent was an undesirable. There was no necessity to do so in this case. The whole question was whether the defendant was a trespasser or not, and he was a trespasser if the license granted to him was revocable. The only point, then, to be considered is whether Wood v. Leadbitter ( 14 L. J. Ex. 161) has been overruled, and whether the license to go upon the racecourse granted by the ticket is therefore irrevocable. In my opinion we cannot overrule Wood v. Leadbitter, which has been acted upon in New Zealand by the highest Court, and has not been over- ruled in England. Low v. Adams ([ 1901] 2 Ch. 600) was a case of determination of a tenancy. Toe right involved was a right to shoot pheasants, and was treated as a letting deter- mined by notice, and all the Judge said was, " Whether Wood v. Leadbitter is still good law, having regard to Walsh v. Lonsdale ( 21 Ch. D. 9), is very doubtful." Walsh v. Lons- dale was a case of occupation under a tenancy of which equity would decree specific performance, and did not decide that where there was not a letting creating an interest in land the law as laid down in Wood v. Leadbitter ( 14 L. J. Ex. 161) was altered. In Kerrison v. Smith ([ 1897] 2 Q. B. 445) it was assumed that Wood v. Leadbitter was still law. In my opinion we must so assume. The trustees had the right to revoke his license and declare a man a trespasser even if he was not an undesirable. The detectives were acting under the authority of the trustees in doing what they did. The question is not and could not be raised whether the trustees are liable for a breach of contract in revoking the license. The sole question is whether the license was revoked. I think, therefore, that the Court must decide that the Magistrate was wrong in holding that proof that the defendant was an undesirable was necessary, and that the appeal must be allowed. COOPER, J.: — I am of the same opinion. The case has been argued on the assumption that the ticket was merely to admit the holder to the racecourse, and that there was nothing on the ticket indicating that the admission should be subject to the club's regulations. The right to admission was therefore, on the authority of Wood v. Leadbitter, a revocable license. Sir Frederick Pollock, in the 8th edition of his work on torts, as lately as 1908 ( 8th ed. p. 378) states the law, and in my opinion correctly, as follows : " If the owner of land or a building admits people thereto on payment, as spectators of an entertainment or the like, it may be a breach of contract to require a person who has duly paid his money and entered to go out, but a person so required has no title to stay, and if he persists in staying he is a tres- passer." In the present case the racecourse was not a public reserve, but private property owned by the racing club. Wood v. Leadbitter is recognized as an authority up to the present time, not only in Kerrison v. Smith mentioned by His Honour the Chief Justice, but in numerous other cases— for instance, in Butler v. Manchester, Sheffield, and Lincoln- shire Railway Company ( 21 Q. B. D. 207) in which case Wood v. Leadbitter was referred to and approved, and dis- tinguished by the Court of Appeal upon the ground that a right or license to travel by rail was not a right or license to go on land. All the Judges held that Wood v. Leadbitter was still good law. In the present case, whether the de- tectives were right or wrong in deciding that the defendant was an undesirable person, they had authority to revoke the license; and after the revocation, as the respondent per- sisted in remaining, he beoame a trespasser. Assuming that the necessary warnings had been given under the Police Offences Act, and that he still refused to leave, he then became a trespasser within the meaning of the Act. The case ought to be remitted to the Magistrate in order that evidence should be taken as to the statutory warnings. CHAPMAN, J. :— I agree. As to the questions raised before the Magistrate, Mr. Petherick does not now argue that the decision can be supported. I think that the admission is oorrectly made, as it appears to me to be in accordance with the deoision of the Privy Council in Powell v. Apollo Candle Company ( Limited) 245 N E W Z E A L A N D POLICE GAZETTE. [" APRIL 26 ( 10 App. Cas. 282). I refer to this, as it is desirable to clear up any misapprehension that might arise on the subject. There a statute referred certain matters to the opinion of the Collector of Customs. The Privy Council held that the question whether certain goods were dutiable was to be determined by the opinion of the Collector, and not by the actual result of scientific evidence. In my opinion there is no substantial difference between an authority given by a private person and authority given by statute where we have to construe similar language. As to the question now raised and argued, I agree with the opinions expressed by the other members of the Court. The only case, so far as I know, in which a doubt as to the decision in Wood v. Leadbitter ( 14 L. J. Ex. 161) appears to be expressed is Lowe v. Adams ([ 1901] 2 Ch. 598), a case in which an actual interest in land was created, and therefore Wood v. Leadbitter was inapplicable. In this case, as in Wood v. Leadbitter, it cannot be contended that the holder had any other right than that evidenced by the ticket. The ticket was not something in virtue of which he was entitled to demand something of a higher nature. In Walsh v. Lonsdale ( 21 Ch. D. 9) the instrument gave an equitable interest to a legal title to be created by a regular lease. There the party bargained for a legal interest, here he only bargained for the revocable license which he got. Further, I am under the impression that Wood v. Leadbitt r has frequently been adopted and applied in the Courts of this Dominion since the statute law was placed on the same footing as that of England. It was certainly adopted at an earlier date by His Honour Mr. Justice Williams in Hettier- ington v. Samson ( 4 N, Z. Jur. ( N. S.) 84). It would, I think, require a solemn decision of a Court of higher au- thority than the Supreme Court to justify us in holding that it was no longer applicable in New Zealand. Appeal allowed; case remitted back to Magistrate. Solicitors for the appellant: Bell, Gully, Bell, & Myers ( Wellington). Solicitor for the respondent : F. E. Petherick ( Wellington). (" Times Law Reports," Vol. xxvii, page 314.) [ COURT OP CRIMINAL APPEAL—( LORD ALVERSTONE, C. J., LAWRANCE AND PICKFORD, JJ.)— 13TH MARCH, 1911.] REX V. JOHN THOMAS BATES. Criminal haw— Jurisdiction— Consent of Attorney- General necessary to Proceedings— Consent not obtained— Explosive Substances Act, 1883 ( 46 Vict., c. 3), ss. 7. The appellant was convicted under section 2 of the Explosive Substances Act, 1883, for feloniously causing an explosion of a nature likely to endanger life, or of a nature to cause serious injury to property. The consent of the Attorney- General to the prosecution required by section 7 of the Act had not in fact been given. Held, That as the Attorney- General's consent had not been obtained to the proceedings, the conviction must be quashed. This was an appeal against conviction. The appellant was not represented. Mr. Disney appeared for the Crown. THE appellant was tried at Leicester Assizes, before Mr. Justice Channel!, on 11th Februarv last, for feloniously causing an explo^ on, of a nature likely to endanger life, or of a nature to cause serious injurv to property, at Bag- worth, on the 5th November, 1910. He was convicted and was sentenced to four months' hard labour. The proceedings were taken under section 2 of the Ex- plosive Substances Act, 1883, and the point was now raised that they had been invalid inasmuch as no proof had been given that the Attorney- General nad consented to them. Section 7 ( 1) of the Act provides that " if any person is charged before a Justice with any crime under this Act no further proceeding shall be taken against such person without the consent of the Attorney- General. ..." Mr. DISNEY said that he appeared at the trial on behalf of the prosecution, but his attention had only now been directed to the fact that consent of the Attorney- General was neces- sary ; he could not say whether such consent had or had not in fact been obtained, but he rather supposed that it had not. The LORD CHIEF JUSTICE said there was a representative of the Attorney- General in the building, and directed that inquiries should be made from him. After the midday adjournment Mr. Disney stated that he had found that consent had not in fact been given. The prosecution was an ordinary police prosecution in the country, and the fact that consent was necessary had escaped the notice of the learned Judge, the counsel, and every one concerned. The damage caused by the explosion was too slight to have justified a prosecution under the Malicious Damage Act, though the appellant might have been summarily dealt with unaer that Act. The LORD CHIEF JUSTICE asked if the Director of Public Prosecutions wished to have the point specially argued ; and Mr. Disney replied in the negative. The LORD CHIEF JUSTICE said that when he was Attorney- General the practice was for him to issue a fiat and then his clerk had to go down to the place of trial and prove his handwriting. Mr. BODKIN, as amicus curiae, explained the present practice. The LORD CHIEF JUSTICE said they would say nothing as to the merits of the appeal; they had not heard the facts or the arguments which might have been advanced on those facts either on behalf of the appellant or of the Crown. Their attention had been called to the fact that the consent of the Attorney- General had not been obtained for the prosecution. The point had not been taken by the appellant in his notice of appeal, but they would have allowed him to raise it and must deal with it now as if it had been raised. The question was, what effect ought they to give to this objection ? In their opinion the objection was one which went to jurisdiction, and that being so the conviction must be quashed and the appellant must be released from custody. They Jthought the case was not covered by the proviso to section 4 ( 1) of the Criminal Appeal Act, 1907, which allowed the Court to dismiss the appeal if they considered that no substantial miscarriage of justice had occurred, for in their view that proviso did not extend to a case where there had been a lack of jurisdiction. The case of Reg. v. Fuidge ( L. and C. 390), decided under the Vexatious Indictments Act, 1859, was analogous, and it was clear that the conviction could not stand. [ Solicitor : Director of Public Prosecutions.] (" Times Law Reports," vol. xxvii, page 69.) [ COURT OF CRIMINAL APPEAL—( DARLING, CHANNEL, AND PICKFORD, JJ.)— 5TH NOVEMBER, 1910.] REX V. HAWLEY HARVEY CRIPPEN. Criminal Law— Practice — Rebutting Evidence — Admissi- bility. Held, That where evidence which is relevant to the issue is tendered by the prosecution to rebut the case set up by the defence, it is for the Judge at the trial to determine in his discretion whether such evidence should be allowed to be given or not. Even if the Judge exercises his discretion in a way different from that in which the Court of Criminal Appeal would have exercised it, that affords no ground for quashing the conviction of the prisoner. If, however, it is sbown in any case that the prosecution has done some- thing unfair which has resulted in injustice to the prisoner the Court of Criminal Appeal may interfere. THIS was the appeal of " Dr." Hawley Harvey Crippen, on grounds of fact and of law, against his conviction at the Central Criminal Court on the 22nd of October last before the Lord Chief Justice, for the murder of his wife, Belle Elmore. Mr. Tobin, K. C., Mr. Huntly Jenkins, and Mr. H. D. Rooms appeared for the appellant; and Mr. R. D. Muir, Mr. Travers Humphreys, and Mr. S. Ingleby Oddie for the Crown. MR. TOBIN said that the ground of appeal was that the evidence of James Childers, an employee of Jones Brothers ( Limited), Holloway, who was called after the evidence for the prosecution and defence had closed, was wrongly ad- mitted. He was called to give what purported to be re- butting evidence. The law as to rebutting evidence was that evidence which could have been given as part of the case for the prosecution could not be called after the evi- dence on both sides had closed, if it was for the purpose of strengthening the case for the prosecution, but only to rebut a case set up by the prisoner which the Crown could not have anticipated. He referred to Reg. v. Frost ( 4 St. Trials [ N. S.], at col. 386), Rex. v. Stimpson ( 2 C. and P., 415), and Rex. v. Hilditch ( 5 C. and P., 299). This evidence could have been given as part of the case for the proseoution. MR. JUSTICE DARLING.— Supposing that you established that this evidence, which it is admitted could have been given in the first instance, was wrongfully admitted at the time, do you suggest we could quash the conviotion? MR. TOBIN said that he did submit that, as it might lead to a miscarriage of justice. It placed counsel for the prisoner in a terrible position. There was no opportunity to make inquiries, nothing on which to found a cross- examination. The evidence was most damning ; great stress was laid on it 246 N E W Z E A L A N D P O L I C E GAZETTE. [" APRIL 26 by the Lord Chief Justice in summing up, and it must have had a great effect on the mind of the jury. ME. JUSTICE DARLING, after consulting with the other members of the Court, said that they would call upon Mr. Muir. MR. MUIR said that the case of Wright v. Wilcox ( 9 C. B., 650) established that the question of whether or not the ad- mission of evidence in rebuttal should be admitted lay in the discretion of the Judge presiding at the trial ; but that the exercise of that discretion was subject to review by the Court of Appeal. Ho submitted that the discretion of the Judge in Rex v. Hilditch ( 5 Carr and P., 299) was wrongly exercised. With regard to Mr. Childers's evidence, which was given at the olose of the case for the defence, the faots were that the first part of it was taken on the night of the 17th of October, the night beforo the trial ; but his statement was not de- livered to the counsel for the Crown until after the trial had begun. The identification by Mr. Childers of the remains of the jacket found in the grave did not take place until after 2 p. m. on the 19th of October, which was the second day of the trial. The prosecution had then to consider whether they would give Mr. Childers's evidence in chief, first giving notice of it to the defence. If they had done so all they would have proved was that the three suits of pyjamas were not sold to Crippen earlier than November, 1908, some four- teen mouths before February, 1909. The prosecution had already proved that the remains with which was found the jacket of the pyjamas had been in the ground only eight months at the most from July, 1910. The prosecution therefore determined not to call Mr. Childers. And had not Crippen made a positive statement that he had bought the pyjama trousers so long ago that the jacket haJ been worn out aud passed out of existence at a time long before these remains could have been buried— had not that statement been made Mr. Childers would not have been called. He was called to rebut that evidence by the permission of the Lord Chief Justice. His submission was that in those cir- cumstances the learned Judge rightly exercised his discre- tion. MR. TOBIN, in reply, said that Crippen had not given this evidence in chief, but only in answer to the direct questions of Mr. Muir in cross- examination, who had Mr. Childers's proof before him. Under those circumstances he submitted that the evidence in rebuttal should not have been ad- mitted. MR. JUSTICE DARLING, in delivering the judgment of the Court, said that the point Mr. Tobin had taken in favour of his client was that the Court ought to quash this convic- tion because the Lord Chief Justice had allowed the pro- secution at the close of the case for the defence to call what was called rebutting evidence. The rule was that a Judge in considering whether he should allow rebutting evidence to be called should consider whether that evidence could have been given, or ought to have been adduced by the prosecution as a part of their case and before they closed it. They did not feel inclined to lay down the rule in the words of Chief Justice Tindal, in the case of Reg. v. Frost, vol. 4, State Trials, new series, at column 386 ( ubi sup). He bad said : " There is no doubt that the general rule is that, where the Crown begins its case like a plaintiff in a civil suit, they cannot afterwards support their case by calling fresh wit- nesses, because they are met by certain evidence that con- tradicts it. They stand or fall by the evidence they have given. They must close their case before the defence begins ; but if any matter arises ex improviso, which no human ingenuity can foresee, on the part of a defendant in a civil suit, or a prisoner in a criminal case, there seems to me no reason why that matter which so arose ex improviso may not be answered by contrary evidence on the part of the Crown." They would not put the rule in those words. In the first place, the rebutting evidence must be evidence admissible in the case. Supposing it to be admissible evi- dence, it then became a question for the Judge at the trial to determine in his discretion whether the evidence, not having been tendered in chief, ought to be given as rebutting the case set up by the defence. In coming to that decision he should have regard to what had been laid down in the cases cited by Mr. Tobin. But the matter was one within the discretion of the Judge who presided at the trial, who was in a much better position than any Appeal Court to determine whether it was really fair to allow it to be given and whether it did or did not expose the defence to a disadvantage to which they ought not to be exposed. It did not appear to have beeu laid down in any case that, if a Judge exercised his dis- cretion in a way different to that which a Court of Appeal would have exercised it, that fact alone was suffioient ground for quashing a conviction. The only case where anything of the kind was suggested was that of Wright v. Wilcox ([ 1850] 9 C. B., 650), where the Lord Chief Justice had said: " The time at which evidence is to be received must be in the discretion of the Judge, the exercise of that disoretion being subject to the review of the Court." There was nothing in the judgments of the other Judges in the case to the same effect— in the judgments of Mr. Justice Maule, Mr. Justice Creswell, and Mr. Justice Talfourd. There was nothing in those judgments as to whether the Judge's discretion was subject to the review of the Court. Mr. Justice Maule said : " The objection to the reception of the evidence was that it was offered too late. It would be very inconvenient to hold this to be a sufficient ground for setting aside a verdict. Cases in which the discretion of the Judge must te exercised frequently occur. When a party has closed his case, he often asks and is allowed to Bupply a deficiency." No doubt the question was one for the discretion of the Judge at the trial, who was necessarily in a far better position to exercise it than the Court of Criminal Appeal could possibly be. All they could say was this: The evidence admitted in rebuttal was admissible evidence and the Lord Chief Justice had seen no reason why, in fairness to the defence, it should not have been given. He had exercised his discretion and, even if they had the power to do so, they saw no reason why they should interfere with it. But they wished to add a few words to what had been said. If it were shown that the prosecution had done something unfair— had set what had Been called a trap— which resulted in an injustice to the prisoner, the Court reserved to itself full power to deal with the matter. It was only necessary to say that in such a case the Court would probably come to the conclusion that there had been a miscarriage of justice, and exercise the powers given to them by section 4 of the Criminal Appeal Act, 1907. But there was no reason to suppose that anything of that kind had taken place here. They saw no reason to interfere with the conviction. [ Solicitors : For the appellant, Arthur Newton ; for the Crown, the Director of Publio Prosecutions.] EXTRACT FROM NEW ZEALAND GAZETTE. ( From Gazette, 1911, page 1762.) Unclaimed. Property. Police Department, Wellington, 9th May, 1911. THE unclaimed property described hereunder, and now in the possession of the police at the stations named, will, unless claimed by the 31st May, 1911, be sold thereafter by public auction in accordance with police regulations :— Auckland.— Bicycles, watches, articles of jewellery, purses, umbrellas, revolvers, articles of clothing, & c. Thames.— Gun- metal wrist watch. Napier.— Bicycles, umbrellas, purses, articles of jewellery, & c. Wanganui.— Bicycles, purses, articles of clothing, & c. W ellington.— Bicycles, articles of jewellery, purses, umbrellas, articles of clothing, & c. Greymouth.— Three bicycles. Christchurch.— Bicycles, watches, umbrellas, purses, jewellery, articles of clothing, & c. Timaru.— Bicycles, watches, ring, purse, cycle tools. Dunedin.— Bicycles, umbrellas, purses, jewellery, articles of clothing, & c. Invercargill.— Bicycles, purses, watch, & c. F. WALDEGRAVE, ( P. 11/ 997.) Commissioner of Police. Return of Persons summarily convicted at Magistrates' Courts, but not sent to Gaol. CD Name of Offender. Where tried. When. Johnston, Gilbert Auckland 5/ 5/ 11 Darroch, John Auckland 10/ 5/ 11 Smith, Christopher William Auckland 10/ 5/ 11 Hore, Benjamin Auckland 10/ 5/ 11 McCorquidale, John Auckland 10/ 5/ 11 Quinn, William Auokland 20/ 5/ 11 Peterson, David Auckland 19/ 5/ 11 Connolly, Michael Auckland 19/ 5/ 11 Fitzroy, Thomas, alias Des- mond Auckland 17/ 5/ 11 Laing, George Auckland 16/ 5/ 11 Dufi, John Auckland 16/ 5/ 11 Hickey, Patrick Auckland 19/ 5/ 11 Watson, Alfred Patrick Leslie Auckland 19/ 5/ 11 Te Awa, Luke Whangaroa .. 11/ 5/ 11 Hohepa, Rudolph Whangaroa .. 11/ 5/ 11 Pona Taniwha Manahara .. Whangaroa .. 11/ 5/ 11 Karena Eruera Whangaroa .. 11/ 5/ 11 Stott, Montague Taumarunui 11/ 4/ 11 Plummer, John Robert Taumarunui 11/ 4/ 11 Wi Tamihana Gisborne 17/ 5/ 11 Offence. Sentence. Native of Trade. Corn a Com- plexion. Hair. Eyes. Nose. Distinguishing Harks, kc. assault assault obscene language breaking, entering, and theft ( 3 charges), and theft from shop ( 4 chgs) " " ireaking, entering, and theft n'eaking, entering, and theft ( 2 charges) support chgs.), & breaking, en- tering, & theft ( 2 chgs.) wilful damage, theft ( 2 cbgs.), & breaking, en- tering, & theft ( 2 ohgs.) refusing to quit licensed premises assault fined £ 5 convicted and discharged fined £ 1 convicted and discharged to come up if called on to come up if called on to come up if called on to come up if called on fined £ 2, make restitution convicted and discharged oonvioted and discharged and prohibited to come up if called on fined Is., pay £ 5 damage sent to Burn- ham sent to Burn- ham to come up if called on fine or 7 days fine or 1 month fine or 7 days fine or 7 days fine or 7 days to come up if called on, and pay costs to come up if called on, and pay costs 6 mo's proba'n, pay £ 3 10s. 6d. N. Zealand carter 1 ft. in. 1882 5 5 fresh .. brown blue medium Scotland .. seaman 1875 5 10 fair brown hazel .. medium N. Zealand baker's ap- prentice 1896 5 5J pale dark auburn brown .. medium N. Zealand N. Zealand jeweller's ap- prentice saddler 1894 1895 5 4 5 4 sallow .. pale dark brown brown .. blue medium medium Ireland clerk 1852 5 llf fresh .. grey blue .. medium N. Zealand carter 1871 5 8 fresh .. brown blue medium Ireland dealer 1864 5 7 fresh .. grey blue medium England .. labourer 1856 5 5 fresh .. grey blue medium See Police Gazette, 1910, page 188. N. S. Wales apprentice .. 1896 5 4 dark .. black hazel .. medium Scotland .. N. Zealand ship' 3 Btore- man schoolboy .. 1884 1898 5 5 4 8 fresh .. fair brown fair blue blue medium small, turned up See Police Gazette, 1908, page 133. N. Zealand schoolboy .. 1897 5 1 fresh .. dark hazel .. medium aboriginal labourer 1890 5 6 dark .. black brown .. broad aboriginal labourer 1886 5 10 dark .. black hazel .. medium aboriginal labourer 1865 5 7 dark .. black dark flat See Police Gazette, 1910, page 153. aboriginal labouier 1877 6 0 brown .. black hazel .. fiat N. Zealand N. Zealand labourer and telegraph- linesman hairdresser and cook 1884 1891 5 7 5 10 dark .. sallow .. dark brown black blue grey .. medium medium Dove and bracelet on left forearm. Scar on left knee and on left shin. aboriginal labourer 1893 5 5J dark .. dark, curly.. grey .. flat teJ CSJ t> > sj b hd o t-< t— i a H Q > CSJ teJ H H fel to it Return of Persons summarily convicted at Magistrates' Courts, but not sent to Gaol— continued. Name of Offender. Where tried. Wben. Offence. Sentence. Native of Trade. a « £ I Com- plexion. Hair. Eyes. Nose. Distinguishing Murks. & c. Ket Sue .. Neilsen, Lydia Hansine Scott, Ellenor Gilchrist Grame Harris, James Anderson, John Brown, Wee Mildenhall, Albert.. McKay, John Colin Yarlett, Alfred William Bowers, James Lyons, James Alexander Eastgate, Samuel .. Lipson, Frederick John, alias Lipsham Dunlop, Archibald Reese, Arthur William Todd, Mattie Dodsworth, Clara .. Cosgrove, Charles Jeremiah McCormack, John .. Butler, Alfred Edgar Wolfe, Solomon ft. in. Otaki 16/ 5/ 11 assault fine or 14 days China gardener .. 1866 5 6i sallow .. black brown .. medium Scar on left cheek. Pahiatua 19/ 5/ 11 theft convicted and Denmark .. domestic .. 1886 5 3 fresh .. brown brown .. medium theft discharged Pahiatua 19/ 5/ 11 convicted and N. Zealand domestio .. 1891 5 6 fair red blue large burglary and theft ( 3 discharged Masterton .. 5/ 5/ 11 sent to Burn- N. Zealand message- boy 1897 5 4 sallow .. brown brown .. turned up charges) ham Masterton .. 5/ 5/ 11 obscene language fined £ 1 Scotland .. labourer 1861 5 10 fair fair grey .. medium 1 p. c. Masterton .. 19/ 5/ 11 obscene language fined £ 2 N. Zealand labourer 1890 5 8 copper.. black brown .. medium Half- ca9te Maori. Wellington .. 15/ 5/ 11 theft fine or 48 hours N. Zealand carrier 1876 5 6 fresh .. brown, turn- blue .. medium idle and disorderly ing grey Wellington .. 15/ 5/ 11 to come up if Sootland .. labourer 1846 5 3 fresh .. grey hazel .. medium called on Wellington .. 17/ 5/ 11 theft fined £ 2 England .. driver 1880 5 8J fresh .. dark grey .. medium Wellington .. 18/ 5/ 11 assault fined £ 4 England .. fireman 1888 6 fresh .. dark brown .. medium Was placed on his ship. resisting police 21 days Wellington .. 18/ 5/ 11 obstructing police 21 days Ireland fireman 1887 5 7 fresh .. brown brown .. medium Was placed on his ship. Garfield 20/ 4/ 11 theft fined £ 5 N. Zealand coach- driver 1874 5 8 fresh .. brown grey .. broad Decayed teeth. Christchurch 6/ 5/ 11 theft fined 10s. England .. labourer and 1867 6 4 fresh .. fair blue medium F. P. illegally on premises .. painter Christchurch 11/ 5/ 11 convioted and Sootland .. seaman 1882 5 8 fresh .. dark dark .. medium Stout build. theft discharged Christchurch 17/ 5/ 11 to make resti- N. Zealand moulder 1896 5 6 florid .. brown grey .. medium tution wilful damage to pay damage Timavu 13/ 5/ 11 theft ( 2 charges) to come up if N. Zealand domestic .. 1891 5 6 fresh .. brown blue medium called on Dunedin 15/ 5/ 11 incorrigible rogue Army Home for England .. prostitute .. 1839 5 0 dark .. dark brown grey .. large See Police Gazette, 1910, page 180. 12 months Orepuki 16/ 5/ 11 theft fined £ 5 N. Zealand labourer 1893 5 7 sallow, dark brown brown .. medium theft fined £ 1 freckled Orepuki 16/ 5/ 11 receiving stolen property convicted and N. Zealand billiard- 1889 5 6* fresh .. auburn grey .. medium Left leg off at thigh ; uses crutches. discharged marker Orepuki 16/ 5/ 11 assault to come up if N. Zealand labourer 1888 5 10 fresh .. brown blue medium called on Orepuki 16/ 5/ 11 assault to come up if Tasmania.. labourer 1883 5 9 fresh .. light brown, blue medium Smart active appearance. called on curly RETURN OF PRISONERS REPORTED AS DISCHARGED FROM GAOLS DURING THE WEEK ENDED 20TH MAY, 1911. ; aol, and Name of TriBoner. AucUI.' i ml Ha> es, John, Thompson Alexander Gustafson, Vern Majnrey, John Corny, Daniel Walker, Austin Where tried. When. Offence. Sentence. Auckland 10/ 5/ 11 M. C. Auckland 11/ 5/ 11 M. C, Hamilton 13/ 5/ 11 M. C. Huntly M. C. 2/ 5/ 11 Auckland 8/ 5/ 11 M. C. M a n g a w a i 18/ 4/ 11 M. C. .. Auckland S. C. Lewis, Henry, alias A u c k 1 a n d Warren, Lewis Henry M. C. Burke, James .. .. Auckland M. C. McQuane, Henry .. Auckland S. C. idle and disorderly breaking and entering.. default of maintenance indecent act breaking, entering, and theft Jones, William, alias Johns, alias Thomas George Tawhanga, Kaka Fox, John Whitford, Thomas Kake Akaraua Wilkie, Margaret Madden, Fanny Thames Majurey, John Gisborne— Davis, John Auckland M. C. Wi Tamihana Napier Mathews, Ernest John ., Johnston, Alexander, alias Robinson, John Whangarei M C. Auckland M. C. Auckland M. C. . Whangarei M. C. . Auckland M. C. . Auckland M. C. .. Waihi M. C. .. Gisborne M. C. Gisborne M. C. Napier M. C. Dannevirke M. C. port 17/ 5/ 111 theft from a dwelling .. 19/ 4/ 11 11/ 5/ 11 obscene language wilful damage theft 21/ 11/ 10 perjury 14/ 12/ 10 theft from dwelling .. 21/ 3/ 11 obscene language * 21/ 4/ 11 indecent act 4/ 5/ 11 default of maintenance 8/ 5/ 11 13/ 5/ 11 resisting police assault vagrancy 13/ 5/ 11 incorrigible rogue 16/ 5/ 11 theft ( 2 charges) 11/ 5/ 11 theft 1- 3/ 5/ 11 theft 17/ 3/ 11 obscene language 19/ 4/ 11 idle and disorderly 7 days remanded remanded 14 da) s remanded 1 montii 2 years' probatn 1 mouth tine or 7 days remanded 6 months 6 months . 2 months 1 month arrears or 1- dnys 14 days 7 days remanded remanded remanded fine or 7 days remanded 2 months 1 month Native of Trade. a o • Heignt.< Com- plexion. Hair. Eyee. Nn « « Wllen d' 8" - N08e- charged. Australia .. labourer 1874 " ft. in. 5 8J fresh .. light brown grey .. large 16/ 5/ 11 Ireland labourer 1896 5 4 sallow .. brown hazel .. small 16/ 5/ 11 N. Zealand labourer 1873 5 6i fresh .. light brown dk. blue medium 15/ 5/ 11 Finland .. carpenter .. 1881 5 7 fresh .. dark brown brown .. large 15/ 5/ 11 N. Zealand labourer 1893 5 4 sallow .. brown It. blue medium 15/ 5/ 11 Ireland labourer 1857 5 3 fresh .. brown, turn- ing grey grey .. small 17/ 5/ 11 N. Zealand commission ageut 1890 5 64 fresh .. brown grey .. medium 17/ 5/ 11 America .. seaman 1878 5 10J fresh .. red grey .. large 18/ 5/ 11 N. Zealand driver 1895 5 5 sallow .. brown brown .. medium 18/ 5/ 11 ilreland gardener 1880 5 9 fresh .. black It. blue medium 20/ 5/ 11 Australia .. steward 1881 5 5 fresh .. dark brown hazel .. large 20/ 5/ 11 aboriginal labourer 1887 5 6f • copper.. blaok dark br. broad 20/ 5/ 11 ' Scotland .. fireman 1875 5 74 dark .. dark brown brown .. medium 20/ 5/ 11 Australia .. fish- curer .. 1878 5 74 fresh .. black hazel .. medium 20/ 5/ 11 aboriginal farmer 1885 5 9 copper.. black brown .. flat 20/ 5/ 11 Scotland .. prostitute .. 1848 4 10 ruddy .. dark brown hazel .. long 15/ 5/ 11 England .. prostitute .. 1856' 4 11J faded .. grey blue .. small 17/ 5/ 11 N. Zealand labourer 1894 5 4 fair brown blue medium 19/ 5/ 11 England .. labourer 1862 5 5* sallow .. brown blue .. Roman .. 17/ 5/ 11 aboriginal rouseabout 1893 5 44 copper.. blaok brown .. flat 17/ 5/ 11 Tasmania.. fireman 1881 5 74 fresh .. light .. grey .. large 16/ 5/ 11 Ireland labourer 1847 5 1 7i dark .. RREY blue • crooked .. 18/ 5/ 11 • Feniirks, and Previous Convictions. ( F. P. indicates that fi. iger- tmprettioM hate been taken.) lOp. c. F. P. ( See Police Gazette, 1911, page 32.) Large scar on right knee. Three scars on left thumb ; scar on centre of forehead and on bridge of nose. F. P. Large scar on palm of right hand. Rose between right thumb and finger; bracelet on left wrist; tree on left forearm; left ring an. l middle fingers missing. F. P. Scar on right hand, on right fore, middle, and ring fingers, on left middle finger, and on right cheek. F. P. 7 p. c. F. P. Photographed at Auckland, 1/ 6/ 05. ( See Police Gazette. 1910, page 398.) Chest deformed. 3 p. c. Scar on right ihumb ; M. C. on left hand ; scar on left middle finger. F. P. ( See Police Gazette, 1908, page 434.) 12 p. c. F. P. Photographed at Auckland, 5/ 8/ 08. ( See Police Gazette, 1910, page 542.) Scar on left forefinger, on left thumb, and on both cheeks.' F. P. 5 p. c. F. P. ( See Police Gazette, 1910, page 387.) F. P. ( See Police Gazette, 1909, page 535.) Arres'ed 7/ 5/ 11. Moie under left eye. F. P. 85 p. c. ( See Police Gazette, 1911, page 228.) 8 p. c. F. P. ( See Police Gazette, 1910, page 331.) F. P. ( See Auckland discbarges above.) F. P. One upper front tooth missing. F. P. 4 p. c. F. P. Photographed at Lyttelton, 12/ 5/ 10. ( See Police. Gazette, 1910, page 244.) TURN OF PRISONERS REPORTED AS DISCHARGED FROM GAOLS DURING THE WEEK ENDED ' 20TH MAY, 1911 continued. Gaol, and Name of Prisoner. Where tried. Offence. Sente ce. Native of Trade. XJ M " 5 B Com- plexion. Hair. Eye8. Nose. j When dis- charged. Remarks, and Previous Conrictions. iF. P. indicates that finger- impressions hare been taken.) Napier— continued. Cooper, Emily, alias Hughes Barrett, William Ellis, Charles, alias Brown Stevenson, John, alias Stevens, alias Swanson, alias Smith New Plymouth— Clarke, John .. Wanganui— Ness, John Wellington — Williams, John Ingram, Howard Daly, Patrick .. Napier M. C. .. Lyttelton M. C. .. Wanganui M. C. .. Wellington M. C. . Wellington M. C. Bassett, Frank Marratt, John .. Wellington M. C .. WestportM. C. Grand, Harry. alias Henry Charles Stevens, William Lower Hutt M. C. .. IWellington M. C. Oughton, William Shannon, John Wellington M. C. Wellington M. C. 15/ 5/ 11 5/ 5/ 11 20/ 2/ 11 13/ 5/ 11 16/ 11/ 10 18/ 4/ 11 9/ 5/ 11 25/ 4/ 11 18/ 4/ 11 grossly indecent aot .. remanded breach of a prohibition fine or 14 days order idle and disorderly .. 3 months idle and disorderly .. remanded default of maintenance 6 months obscene language procuring liquor theft obscene language drunkenness .. 19/ 4/ 11 drunkenness .. 15/ 5/ 11 theft 20/ 3/ 11 obscene exposure 20/ 2/ 11 8/ 5/ 11 22/ 4/ 11 22/ 4/ 11 .. 30 days .. 14 days .. fine or 7 days fine or 21 days 1 month 1 month fine or 14 da) s 2 montiis idle and disorderly .. 3 months breach of pronibitiou fine or 14 dayB order assault .. .. fine or 1 month drunkenness.. .. 1 month N. Zealand Ireland America .. Norway .. domestic labourer labourer ft. in. .. 1877 5 4 .. 1870 5 8 .. 1856 5 5 .. 1853 5 8J Ei gland .. labourer and 1865 5 8J seaman Scotland .. carpenter .. 1864 5 6 Ireland .. seaman England .. hospital steward Ireland . J carter England .. labourer N. Zealand labourer France .. sailmaker .. England .. labourer N. Zealand tailor N. Zealand N. Zealand labourer brickmaker 1866 1871 1876 1876 1885 1875 1843 1877 1885 1881 5 3f 5 3 5 8f 5 4J 5 6 5 3 5 5 § 5 5 5 6 5 2J dark fresh .. dark .. f ai r ' air faii- sallow .. sallow .. florid .. sallow .. dark dark liark brown dark br. medium 18/ 5/ 11 2 p c. Scar on abdomen. light brown brown., medium brown brown brown .. bluo .. large 18/ 5/ 11 12 p. c. Photographed at Auckland, 23/ 2/ 10. ( Set Police cazette, 1910, pago 129.) 19/ 5/ 11 28 p. c. ( See Police Gazette, 1911, page 62.) .. brown'., medium 20/ 5/ 11 9 p. c. ( See Police Gazette, 1911, page 210.) grey .. large light brown blue .. long grey grey medium dark brown hazel .. medium brown grey .. blue .. | blue brown .. brown dark brown grey dark fresh fresh dark .. dark brown grey dark, turning brown grey brown black medium medium medium, oblique medium medium Imzel .. brown , sharp 15/ 5/ 111 p. c. F. P. ( See Police Gazette, 1908, page 525.) Arrested 8/ 12/ 10. 17/ 5/ 11 15/ 5/ 11 i Sailor, compass, and square on right forearm ; crown above anchor on right hand ; bust of sailor, anchor, M. S. T. S., two dots, and M. S. on left forearm ; J. H. on left hand. F. P. 15/ 5/ 11 Scar on right groin ; numerous growths on back of neck; long scar on right hand ; large scar on left shin. F. P. 17/ 5/ 11 Crown between shoulder- blades. 18/ 5/ 11 6 p. c. Sailor's head, ship, two flags, clasped hands, small heart, woman's bust, and star on right forearm ; woman clinging to cross above anchor on left forearm ; shot- marks on right shoulder and side. F. P. ( See Police Gazette, 1911, page 188.) 15/ 5/ 11 Scar on left eyebrow, on left thumb, and on • right shin. 19/ 5/ 11 Anchor on right forearm ; bracelet on right wrist; ring on left middle finger ; both legs off above knees. F. P. ( See Police Gazette, 1910, page 513.) 19/ 5/ 11 Several p. o. Partly bald; absent- minded. ( See Police Gazette, 1911, page 53.) 20/ 5/ 11 4 p. c. Scar on palm of left hand ; on right liitle finger, on right thigh, and on left knee ; lame left leg. F. P. ( See Police Gazette, 1911, page 35.) 20/ 5/ 11 1 p. c. Long scar on right foot; boil- mark on back of neck ; clasped hands over heart with TRUE LOVE on right wrist. F. P. 20/ 5/ 11 25 p. c. Woman's head, flags, and butterfly on left arm. 188.) ( See Police Gazette, 1911, page Lavin, John O'Hara 3aol, and Name of Prisoner. Where tried. KJSUOKN OF PRISONERS REPORTED AS DISCHARGED FROM OAOLS DURING THE WEEK ENDED 20TH MAY, Offence. When. Sentence. Native of Trade. 3 .2? ' 3 H Com- plexion. Hair. Eyes. Nose. Wlien dis- charged. Honiarks, and Previous Convictions. ( F. P. indicates that finger- impression* have been taken.) Wellington— continued. Chalmers, Peter Wellington 15/ 5/ 11 M. C. 2/ 5/ 11 drunk and disorderly .. fine or 7 days refusing to quit licensed fine or 7 days premises order incorrigible rogue idle and disorderly naval desertion 12 months 3 months remanded alias Collingwood M. C. .. Nelson M. C. 11/ 4/ 11 obscene language 3/ 5/ 11 forgery forgery and uttering forgery assault .. Christchurjh M. C. .. Christchurch 23/ 11/ 10 M. C. 6/ 5/ 11 obscene 1 inguage 13/ 12/ 10 15/ 5/ 11 15/ 5/ 11 22/ 4/ 11 20/ 4/ 11 theft ( 4 charges) theft manslaughter manslaughter theft idle and disorderly 14 days 12 months 12 months called on 14 days 14 days 6 months 6 months sentence pended 1 month 30 days 6/ 5/ 11 grossly indecent act .. 14 days drunkenness.. .. 24 hours Scotland .. seaman 1870 I ft. in. 5 8J ruddy .. sandy hazel .. medium 20/ 5/ 11 N. Zealand prostitute .. 1878 5 2 fair light brown grey .. pointed .. 15/ 5/ 11 England .. • prostitute .. 1853 5 3 ruddy .. dark brown It. blue broken .. 15/ 5/ 11 England .. seaman 1864 5 4 § fair grey It. blue medium 19/ 5/ 11 Wales seaman 1886 5 6 fair brown blue medium 20/ 5/ 11 N. Zealand labourer 1884 5 5J swarthy blaok brown .. medium 19/ 5/ 11 England .. miner 1866 5 6J fresh .. grey hazel .. medium 12/ 5/ 11 England .. fireman 1880 5 5 fresh .. dark blue medium 16/ 5/ 11 England .. waiter 1865 5 11J fresh .. dark brown, turninggrey grey .. large .. 18/ 5/ 11 N. Zealand labourer 1892 5 8 fair light brown blue medium 15/ 5/ 11 England .. fireman 1884 5 10J fresh .. brown .. hazel .. medium 17/ 5/ 11 Ireland farmer 1857 5 6f florid .. grey grey .. medium 19/ 5/ 11 England .. farmer 1865 5 11 fresh .. grey grey .. medium 20/ 5/ 11 N. Zealand hairdresser 1888 5 4J sallow .. dark brown blue sharp 20/ 5/ 11 N. Zealand hairdresser 1878 5 9f fair .. fair blue long 20/ 5/ 11 Tasmania.. labourer 1885 5 7± fresh .. brown light br. large 20/ 5/ 11 England .. labourer 1854 5 6 fresh .. brown, turn- ing grey grey .. large 19/ 5/ 11 N. Zealand labourer 1880 5 10J pale light brown grey • • large p. c. Dot between left thumb and finger; small blue mark on forehead; small brown mark on chest and on right thigh; large freckles on face ; squint in eyes. F. P. ( See Police Gazette, 1911, page 229.) p. c. Left arm has been injured. ( See Police Gazette, 1911, page 128.) Several p. c. Several scars on cheeks and fore- head. ( See Police Gazette, 1910, page 243.) 11 p. c. Rose and TRUE LOVE on left forearm; ring on left forefinger ; rose on right forearm ; bracelet on right wrist. F. P. ( See Police Gazette, 1911, page 84.) Mole on left side of lower lip ; lower lip protrudes ; five false upper teeth. To Naval authorities. Large scar over left eye ; soar on nose ; coat of arms on right upper arm. F. P. 4 p. c. Blue mark on bridge of nose; top off thumb and three fingers of left hand. F. P. Two scars on left hand ; top o5 right forefinger. F. P. Last sentence cumulative. ( See Police Gazette, 1908, page 544.) right forearm. Butterfly, bird, aud crossed flags on right arm; bird on left arm; dagger on left leg. F. P. Placed on board s. s. " Tainui." Left thumb out of joint. F. P. Small scar on right hand. F. P. Photographed at Lyttelton, 9/ 5/ 11. Scar on upper lip and on left hand. F. P. Bailed, pending decision of Appeal Court in Sadler's case. F. P. Bailed, pending decision of Appeal Court. 2 p. c. Photographed at Lyttelton, 27/ 4/ 11. ( See Police Gazette, 1911, page 200.) ( See Police Gazette, 1906, page 160. 19/ 5/ 11 See Police Gazette, 1911, page 222. CO a ^ CS3 H > r > a c i. i— i c ts > cs M to M u n r o, Joan, alias Romansen, alias Robin- son, Jessie, alias Thomas, Mary Cain, Annie, alias Davis Dunning, Samuel Fabey Searle, Albert Lane, Thomas Nelson- Ellis, William, alias James Dean, Patrick Hanmer Springs — Chadwick, John William Lyttelton — Lambert, Bertrun Stephen Carney, John .. Coates, Francis Flockhart, Henry Jack, Harry Alexander Sadler, Walter Richard Kingstone, Charles Oamaru Johns, William, alias, Harding, Robert, alias Jones, alias Jardine Joyce, Martin .. RETURN OK PRISONERS REPORTED AS D1SCHAR IKJ) PROM GAOLS FOR THE WKEK ENDED 20TH MAY, 1911— continued. TO Jaol, and Name of Prisoner. Where tried. When. Offence. Sente- ce. J ative of Trade. d S o m xi M ' S a Com- plexion. i Hair. 1 EyeB. Nose. When dis- charged. CO Remarks, and Previous Conviction".. ( F. P. indicates that finger irnpremo a have been taken ) Dunedin— Bannister, Charles Henry Living, Joseph Johanesen, Karl Greig, John .. Webb, Charles Browne, Arthur Spencer Ross, Thomas Scott, Theodore Fred- erick Quan, William John, alias Quanna Holland, John Steel, Edwin Joyce, alias Edwin, James Invercargill— Armstrong, James Andrew Newton, Ernest Windsor Duuediu S. C. Port Chalmers M. C. Dunedin S. C. Wellington M. C. Dunedin S. C. Duntdin M. C. Dunedin S. C. Dunedin S. C. Dunedin S. C. Dunedin S. C. Danedin S. C. Dunedin M. C. Invercargill M. C. Invercargill S. C. 1 8/ 12/ 10 2/ 12/ 10 12/ 12/ 10 25/ 4/ 11 19/ 5/ 11 7/ 2/ 11 24/ 11/ 10 15/ 5/ 11 15/ 5/ 11 15/ 5/ 11 15/ 5/ 11 17' ll/ 09 24/ 11/ 09 15/ 12/ 09 10/ 5/ 11 1/ 3/ 10 theft ( 3 charges) drunkenness obscene language theft from the person .. ship- desertion forgery and uttering .. theft theft theft theft theft theft theft ( 3 charges) theft ( 2 charges) theft assault and robbery .. breaking and entering, arson, and theft 6 mo's on each fine or 24 hours fine or 14 days 6 months 1 month 2 years probat'n 3 months 6 months fine or 3 mo's 2 years' probatn acquitted acquitted 2 mo's on eaoh 3 mo's on each 6 months remanded 18 mo's on each England .. England .. Norway .. N. Zealand England .. England .. N. Zealand N. Zealaud N. Zealand N. Zealand N. Zealand N. Zealand N. Zealand labourer fireman seaman ploughman.. saddler clerk labourer and rabbiter baker labourer and draper labourer labourer labourer labourer 1882 1890 1891 1870 1850 1869 1878 1891 1880 1884 1874 1876 1892 ft. in. 5 4 5 8 5 6J 5 8 5 0 5 51 5 6J 5 5 § 5 5 5 6 5 7 5 2J 5 6 fresh .. lresh .. fair fresh .. fresh .. sallow .. fair fresh .. dark ., fresh .. fresh .. florid .. fresh .. light brown fair light brown dark, turning grey grey brown • • brown brown black brown fair light brown dark brown light br. grey .. blue .. light br. light br. brown .. grey .. grey .. brown .. blue brown .. brown .. brown .. medium large broad medium medium broad long medium thick small large broken .. small 15/ 5/ 11 19/ 5/ 11 16/ 5/ 11 19/ 5/ 11 6/ 5/ 11 1/ 5/ 11 20/ 5/ 11 19/ 5/ 11 15/ 5/ 11 15/ 5/ 11 24/ 1/ 11 17/ 5/ 11 20/ 5/ 11 Rose, thistle, shamrock, and clasped hands on left arm; scar on left temple and on left shin. F. P. Heart, clasped hands, and TRUE LOVE on right arm. F. P. Summary sentences cumulative. Heart and cross on right arm ; several blue dots on both hands. Placed on board ship. fej 3 p. c. Right foot and ankle injured. F. P. ^ ( See Police Gazette, 1910, page 437.) < 1 Scar on right wrist and above left wrist. F. P. . ( See Police Gazette, 1910, page 457.) Fine paid. KJ > Left foot deformed. > Numerous p. c. Burn- mark on right arm; woman on left arm. F. P. ( See Police i Gazette, 1911, page 200.) ^ Numerous p. c. Scar on left thumb and above hrj left wrist. F. P. Photographed. ( See Police ^ Gazette, 1911, page 145.) p Numerous p. c. Scar on left leg and on left arm. ^ Sentences cumulative. F. P. ( See Police (—. Gazette, 1907, page 234.) ^ Round lump on baok of neok ; small mole near Q left ear. Slim build ; mouth sunken ; small scar on left s-, forefinger ; nexus on left eyelid. F. P. Photo- S graphed at Invercargill, 11/ 5/ 11. ( See Police § Gazette, 1909, page 406.) H By Authority: JOHN MACKAY, Government Printer, Wellington.