POLICE OFFICE.

Auckland Chronicle and New Zealand Colonist, Volume 2, Issue 22, 3 January 1844, Page 3

POLICE OFFICE.

Wednesday, Dec. 27, 1843. On tbe bencb, the Chief Police Magisrrate, M»jor Bunbury, J. P., and George Clarke, Esq., A seaman, named Gillan, was placed at the bar charged with striking Mr. Plumber, with a large stick, on the.head; v which felled him to the ground. The case was clearly proved, and the only defence the prisoner made, was that he was drunk. He was sentenced to. pay •-£5; and in default ef p <y. ment to be imprisoned and kept to hard labour for two monthsi A young man named John Howardthen preferred a charge of assault against a man named William Heme, by striking him with his fist on the cheek, and breakingoneof his teeth. The prisoner strongly denied having assaulted Howard, and stated that he was in his bed at the time the offence was alleged to have been committed (9 o'clock on Tuesday night but two persons in court swore that they saw the prisoner in the street past 10 o'clock on the night in question. 'He was fined 40s. and costs * in default of payment to'be imprisoned'for one month, and kept to hard labour.

Duncan and Mary Carmichael were charged by Mr. Wm. Coombes with assaulting him in the streets, and to prove that the assault had been committed, Mr. Coombes called Alexander Stewart, who said he.saw Carmichael wedge his nerves (/) at Mr. Coombes, and that Mrs Carmichael struck Mr. Coombes on the* back part of the body. On being asked by the bench what they had to say, the woman replied that Coombes had called her names, and skirted her arm. The male prisoner said that prosecutor owed him some money, and would not pay it, and also called his wife indecent names. From the evidence it appeared" that "the prisoners had been drinking on the day in. question,when they met prosecutor and began abusing him. Fined 10s each, and coats>for being drunk, and the female 10s extra for tbe assault, or 7 days imprisonment. John Cottrell, a Parkhurst boy who had been remanded, was brought up, charged with larceny, and sentenced to fourteen days imprisonment and hard jabour, Dr. T. F: M'Gauran, then preferred a charge against two Parkhurst boys, for opening his door, during his absence, and stealing therefrom £l3 in money, a gold locket, silver guard, &c, &o„ his property* The case was remanded until Friday. Thursday, December,2B. This day the court was occupied with investigas ting the robbery that took place a few days since at Mr. Gcaham.'s store, Fort*street. Four Maories were t charged with the robbery, who, after a very lengthy and troublesome examination, wereremau? ded in order to procure further evidence. Friday, Degember 29; David Arthur was charged by the Chief Constable, with selling spirits, &c, without being duly licensed. It appeared from eVi\itace, that a partnership existed between Mr. M'Guire, of the Crown Inn, and defendant, and that M'Guire abs sconded from Auckland, about fourteen days since, for Tahiti, without the knowledge of his wife, or Arthur, his partner, who continued the selling of spirits, as heretofore, contrary to law, the license being taken out in M'Guire's ijame alone. Mr. D'Oyley, who appeared for the defendant, admitted the selling of spirits, but contended that" Arthur was authorised to do so, and acted in the double capacity of partner and servant to Mr. M'Guire. For the prosecution the Chief Constable called Mrs. Catbe* rihe M'Guire,S who on b«ing sworn said that she

was not aware that any partnership existed between the defendant and her husband, any further than that they bad a mutual interest in the public house since the first of July last, but she had neve seen any deed of partnership ; that she held tbe license (which, fras banded to the bench,), and that defendant had ordered her from behind the bar, and would not allow her any of the proceeds of the sale of spirits, &c, for the support of herself and three children, who were left quite destitute. The Chief Constable said he Would call no further witnesses, as he considered he had fully proved his ease. Mr, ; D'Oyley said, he in tbe first place, objected to the information, as it was not in conformity with tbe Ordiriaree; secondly, the Ordinance itself, was not in his opinion, drawn up in the manner it ought to have been ; it was not perfect, [here the Chief Police Magistrate told the learned gentleman the Ordinance mast be read as they had it before them,] and after*animadverting on the evidence, concluded by saying that it Would be very' hard indeed if a master left for a few days, and that master to leave his house in charge of a servant, for the servant to be brought up before a Magistrate, and fined for selling spirits; and who can say but M'Guire may return in a few days? he therefore hoped the bench would consider the case well, as it was important to bis client. The Chief Police Magistrate said he considered it important, and would therefore take the opinion of a brother Magistrate, although the matter appeared very elear to him, and would give his decision to morrow, Saturday.

A youth named Robert Edwards, was placed at the bar, on an information laid by Mr. Geo, MTI- - principal gaoler, charging him with bringing spirits to the gaol, contrary to the regulations. To prove the case, Sergeant Hume, and John Reid (a private,) both of the 80th Regt., were called, when Keid swore that the lad, Edwards, gave him -the bottle of brandy for Captain Ellis, a prisoner, that he took the bottle and gave it to his Sergeant. The lad in defence said, that when he took Captain Ellis his tea, the guard requested him to bring some grog for themselves, and not for the prisoners. The Chief Police Magistrate told the prisoner it was immaterial to whom hetookthespirits. It was not denied that be had taken spirits to the gaol, and in Lopes of its being a caution to him in future, he would sentence him to fourteen days' imprisonment and hard labour, * Wm. Jones, and John Doyle, were then charged with an assault on a private of the 80th regiment, named Bassie, who is confined to the hospital, from the effects of the ill-treatment he received on Christmas night last, from some civilians. Constable, Newman, on being called, swore that be saw Doyle strike Bassie twice, with a stick, which he had in bis hand, *uid witness pushed the prisoner away. Tbe prisoner' Doyle denied having struck the soldier, and said he could get a witness who would prove that he was out in the streets at the time of the assault. The witness was sent for, but what be said was not on behalf of Doyle, but on the contrary confirmed what was stated by the constable, respecting his dress, &c. * He was sentenced to pay 605., or to be imprisoned and-kept 1 to hard labour for one month. The man Jones was apprehended on the information of a person named Harp, who, on being sworn said, he oould not swear to him, and Jones was therefore discharged. Henry Abbott, of Epsom, laid an information against Daniel Leary, for a breach of the cattle trespass Ordinance. A bbott stated that Leary kfcpt four goats (two of which he sold ),<and that these goat 9, were continually annoying him by breaking into his garden, and eating his vegetables ; that be considered tbe damage done by the-goats could not be made good under 90s. The defendant denied that it was hisgaots, that injured Mr. Abbott'garden, and asked plaintiff whether he had not goats of Ilia own at large} when plain tfifsaid he had one, which he kept out of the garden « xcept when it was being milked. The bench asked Abbott if he had any witness to prove the amount of damage, when a little boy was produced, which the Chief Constable identified, and told tbe bench that tbe boy would as soon tell lies as speak the truth, for the boy had lived with him, and he never could place any confidence in what he said; As this was the only witness Abbott produced,the case was dismissed. Two other Parkhurst boys, Home and Richardson, who had been remanded since Wednesday, on suspicion of robbing Surgeon M'Gauran, were again brought up, when, in consequence of the absence of a material witness, they were remanded until Saturday, SatußDav, Dec. SO. This morning the two Parkhurst boys, Home and Riehardson, on suspicion for robbing surgeon M'Gauran, were brought up and re«examined, but the benoh considered there was not sufficient evi« dene against them, they were discharged. Three Parkhurst bovs, named Wilson, Farrell* and Bennie, were thenplaced at the bar, - charged by a native, with stealing from him twentystbree shillings, whioh was in a basket on the bench. After an investigation into the matter, the Police Magistrate thought it his duty to • acquit Bennie and Farrell of the robbery, when Bennie was sworn as a witness, the bench at the same time giving him a caution to speak the truth and nothing but the truth. However the lad equivocated in such a man? ner that the bench sentenced bim to receive 14days imprisonment and hard labour; The boy Wilson was remanded until enquiry could be made respecting his dress at tbe time he was in company with the natives. It was also directed that Farrell be kept in custody, as it was not clear but he was concerned in the robbery. Mr. D'Oyley attended, on the part of David Arthur, to know tbe decision of tbe bench, when the Chief Police Magistrate said, on looking carefully over the depositions, he found a link wanting on the part of the prosecution ; and he> would therefore dismiss the case, at the same time, said the Magistrate, I think it my duty to tell you that Arthur cannot carry on the business, ou his own account, as if he committed any breach of the licensing set, of course Mr. Guire's security would not be liable for any breach committed by Arthur. The only person who oould legally carry on the business at

present, was Mrs, M'Guire, or some one on her ae« count. Monday, Jan, 1,1844. The Coart was occupied the whole of the day ill the re-examination of tbe natives, on a charge ol robbing Mr. Graham's store, and we refrain from publishing the evidence as the following parties are committed:—Samuel Hokianga, and Titoi, as prio* ciples; Tumutumu, and Caroline, as accessaries to the robbery. Tuesday, Jan. 2. Wilson and Farrell, were re-examined tbii morning respecting the robbery committed on tha natives last week. Tbe 1 Police Magistratetold the prisoner (Wilson) that there was no doubtitetqok the money, and would sentence him to two months imprisonment 'and hard labour. Farrell was sen* fenced to be imprisoned for one month, for aiding and assisting Wilson.