POLICE COURT.- FRIDAY.

Auckland Star, Volume I, Issue 95, 29 April 1870, Page 2

POLICE COURT.- FRIDAY.

Before James CTNeill,. Esq., and M it-ford, Esq., J;P.'s.) DRUNKENNESS. L. Smith and Bernard Clarke were charged with this offence, and fined 5s and costs, or to be imprisoned 24 hours. John McGhiffy, for a second offence, was sentenced to a fine of 10s and cost, or to 48 hourt' imprisonment. . t , ■ DRUNK AND DISORDERLY. I v Alex. McMillan, charged with this offence, being on bail, did not appear, and his bail was forfeited. LARCENY. Wiremu, a Maori, was charged with feloniously stealing a coat, the property of Messrs. Keesing, Doitsh, and Keesing, on Thursday last, value 365. I Mr. Brown of the Native Office was sworn as interpreter, . . Prisoner pleaded not guilty, • ■■-..,: {„,! .£ Henry Asher deposed : I am in the service of Keesing, Doitsch, and Keesing, drapers, of Queen street. There were coats, capes, and other' articles hanging outside the shop at a quarter past eight on Thursday last, and remained so till about five in the evening. One coat was found missing; the coat produced is that one ; it is valued 365. Found it afterwards on prisoner's back at the Crescent. Same prisoner was also charged with stealing a cap, the property of Numegan and Moses. , Lemon Selig deposed : I am a shopman in the employ of Nuraegan and Moses, Queenstreet. Sayv prisoner yesterday. ,He came into the shop on Thursday, the 28th inst., and offered me ,10s. for a pair of trousers. After, hearing of his arrest, I saw with him the cap produced, the property of my employers. Jti is valued at 6s.

To prisoner: You did not buy that cap in our shop. Sergeant Jas. McCafferty deposed : Prisoner was given into my custody yesterday for stealing a cont. On searching him I found the cap produced in his pocket. He told me he had bought it in a shop in Mechanics' Bay. It was identified by the lust witness.' Sentenced to be imprisoned, for the first offence, two mouths, with hard labour; and, for the second, one month, with hard labour, to commence on the conclusion of the first iinprisonmenfc. TAGEANCT. Ann Barmeth was charged with a breach of the Vagrant Act. Pleaded guilty to having been convicted of drunkenness three times during the last twelve months. Sentenced to be imprisoned one month, with hard labour. Lettetia Hughes, who appeared with a baby in her arms, was charged with, the same offence, and pleaded guilty to three similar convictions, and was sentenced to the same penalty. ASSATTLT. Eichard Marshall was charged by W. T. Donald with having assaulted him, on the 24th inst., by striking him.. Mr. Bennett appeared for the prosecution, and Mr. J. B. Russell for the defence, and stated that as there was no desire to drag the matter —a family quarrel—before the public, the case had been settled. No evidence having been adduced the case was dismissed. DESERTION. Charles Sanderson was charged by Catherine Frances Sanderson with having deserted her, and failed to provide, her with proper means of support since October, ,1869. Mr. Hesketh appeared for the prosecution ; Mr. Brookfield for the defence. Catherine Francis Sanderson deposed : I know the defendant. [An objection was raised by counsel for the defendant as to the right of putting the question whether defendant was her husband.] The Bench ruled that the proof of his being her husband must be given in another way.] Have been 18 years in Auckland. Knew the defendant before coming here. Came here from England with my husband and children. I mean by my husband, the defendant, Mr. Sanderson. Hero a dis"ussion occurred between the learned counsel as to the reception of this evidence, and the Bench refused to receive. Mr. Hesketh asked that it should be noted that he had tendered evidence direct from Mrs. Sanderson herself; that she was married legally to defendant; that she had lived with "him as such, and had a family to him; and that it bad been refused by the Court. Examination continued: Came out to this country, iv company with,defendant, bringing my two children; their father is Charles Sanderson. Lived with defendant here for twelve years, having been from him for six years. We have had ono child born since we came here. Defendant is tbe father of this child. Have taken proceedings like these against bim before in this Court. When he turned me from my home he allowed me thirty' shillings per week. I brought him up because he ceased paying that. I I brought him up last June, when I ngreed to take £1 a week. He has paid me £4, and I have now- no means of support—not a penny. Have applied to him for this money, but he has not paid it to me. Was asked in Jiuie to take £1 o week. Defendant -was in Court then. There are £40 due to me now. He was here himself, and you (Mr. Hesketh) were with him. Defendant had no cause to leave me. The Bench stated that this was a very bad case,indeed, and suggested an adjournment to get independent e^ idence. Mr. Hesketh stated that the only reason the case had been brought up was that tbe Clerk of the Court had not taken.sufficiently full notes of .tho.case when an order had been made by the Bench on the last occasion. The IBenc'i still objecting toreceive the evidence of Mrs. Sanderson. Mr. Hesketh asked that a note be taken that the Bench objects to receive eVidenca out of the wife's own mouth that her husband'had deserted her. Mr. Cunningham, Clerk of -the Court, deposed : I am clerk in this Court. Mr. Brookfield objected to Mr. Cunningham giving evidence while taking notes. The case was adjourned until tort-morrow, in order to have a clerical substitute, ho that Mr. Cunningham might give evidence from., the witness-box. The Court then rose;