POLICE COURT.—Wednesday.

Auckland Star, Volume I, Issue 129, 8 June 1870, Page 2

POLICE COURT.—Wednesday.

[Before E. SD.iNathan and T. Ritchie, Esqs.]

DBUNKENNESS,

Anue Shields, C. Wilson, and Susan Lowes were .ach fined 5s and costs or 24. *fe' imprisonment for the above offence; atftl Henry Naysmith and k.. jChnplin wef-e fined 10s or "48~ hours' imprisonment for a second

Offence,

ASSAULT. Vago Hal. was charged by Q-oovge Brans with assaulting mm on board the schooner Excelsior. Mr. Joy appeared for plaintiff, and Mr. Weston appeared for defendant. Mr. Joy said this case., liad already been before the Bench in another shape, and dismissed. He believed he had now sufficient evidence to offer which would justify the Bench in inflicting a very heavy fine on the defendant. The information wits now laid under the Merchant Shipping Act, 1854, arid the Merchant Shipping Act Amendment Act, ,'!855. ; t.^t*-*: *° Mr. Weston contended that the Court had no jurisdiction, th«*s offence,having been committed at the South Sea Islands. The Bench, however, rulad that the case "_ts within the jurisdiction of the Court, and it was proceeded with. George Evans deposed : I am an ordinary seaman on board the schooner Excelsior, now lying at the Queen-street wharf. I know defendant. He wa3 chief mate on board the Excelsior on the 25th April last. The chief mate committed an assault on me at about 10 o'clock in the morning. James Wadde 11., William Sheppard, and John Malpaise were present when the assault was committed. The captaiu was aft on the house. The soli'ioner was-lying at anchor in the harbour of Tutuila, South Sea Islands. I said nothing to the mat* before tha assaalt wa. committed. I said nothing to provoke the mate. The mate came np to me and struck rue in the face, on the side. He then caught hold of me by the two ears and threw me on the deck. lie had his boots on and kicked me several times { My face "was covered in blood. The iCaptain callcd^Dut^tl him, and hq' then .ct.n.e alone. After *the i_-sault I 'wished to go ori shore. There was no British Consul at the island. There was an agent, who was on board at the t'.me. I asked the agent to allow me to go on shore. He said, " You cannot go on shore unless you pay 25 dollars." The schooner was just then leaving for Auckland, and the vessel-did riot! call at dny intermediate port. When I arrived here I asked permission to see a magistrate, iv order to lay this charge. Cross-examined by Mr. Weston : The assault took place at 10 o'clock. I was standing on the deck when the assault was committed, i Ilwas quafrelliiig,.with a man just

before Hall struck me. The man had just done quarrelling with me when the mate struck me. I was on that morning requested to go aloft by one of the men. I was engaged getting the grease out of the pot at the time, and said I thought somebody else might go up. I had a piece of iron in my hand, about two feet in length/whep I was struck. Nobody took the iron from me. It fell on the deck. I never returned the blow of Hall. When the mate struck me, I was lifting up the piece of iron. The mate never

separated me from another man. He wanted to make a ring. I never had any words with the mate before, or since. I always did my drity while on bot-rdj I don't know how many blows I got on the back • they came too quick for me to count. My face was swollen, aud my shoulders skinned. Previous to the assault, I was struck in the faie by Trenwith. .r?, e"^? 1i? ed hy Ml'- Jo 7 : * state posittijely Ihad.iever refused any order given by thi mate. ° J jßy the Bench : I lifted the iron because I Wilted to frighted Trenwith.

James Waddell, an ordinary seaman, gave corroborative evidence.

By Mr. Weston : I have been a seaman on board the Excelsior four or five months. The defendant has belonged *o that vessel for the last two months. He and the boy were generally on very good terms so far as I could say. He struck the boy as he was going for the irou. I don't know what he wanted with it, but it looked as though he were going to strike Wentworth. The mate was wearing, a pair of slippers when he kirifbd the boy. J: William Shepherd gaW'cprrob-i«|.tive*' evidence. A&! rajjr s p . .*• Wifliam Kean, master of', the "Excelsior, gave. general corroborative evidence;; with regard to the assault, and added, that on seeing the assault, he ordered the Mate to desist, whichyhe then dis, and afterwards complained that if he were ribtfallowed to thrash the boys he could not keep his command. On board the ship, there,were two men who ill-used the boys, one was a thrasher aud the other was the polisher-off. Cross-examined by Mr. Weston : lam not in._he,,_babit of coming, into Court-, wlt-is^no... the first time I have had occasion to complain of my crew. One of my.crew is called the" thrasher " and the other the "polisher-off." (Laughter.) They have been in the habit ( of thrashing and polishing-off the complainant and my own son. (Latfghter.) Myilog-book is in Captain Daldy's ofiice. There is au entry of one of these assaults in ,my log-book—it was an assault upon my own son by the " thrasher " and the " polisher." The. complainant always, obeyed my orders. ' I did not see anything in the boy's hands. I saw him lying on the deck bleeding like a bullock.

This was the case,

Mr.,We,stop addressed the Court, and contended that no case had been made but, as the ship had riot proved to be a British ship.' Mr. Joy said that such evidence had been given by Captain Kean, but Mr. Weston said not., i . ; ,-. .• . ,<7 •'•:•' p. ..<\ By order of the Court, Kean, the captain, was recalled, a_d,sta,ted that his vessel was a British one. *•''"'■'"

Mr. Weston again addressed the Court, and contended that the case must be dismissed.

The' Bench considered'that' the case had been proved, although ho doubt there were aggravating circumstances* as the bOy .was about to take up a deadly weapon to strike another man. The Court, however, would take a lenient view of the matter under all the circumstances, and fine him 20s and costs,, or iv default,seven days', imprisonment.

Mr. Joy asked that half the fine should be paid to the boy, as compensation under the terms of the Act.

Mr. Weston objected. The Court declined to allow; Mr. Joy.. request., , i t; :-.;-.' b'V;'.!"." ■■/.')

T*iBO_NY.

Louis C. McDermott, late foretuari at the Morning Advertiser, was charged with stealing an opera glass, value £5, from the office bf the above paper in February last.

. Mr. MacCormick and I-4ia-2>jVeth for the defen(f_t_t7 " ' $ tb«-~fce_. Q\ R. Shaw, sworn, deposea?inujpils coniittd,^ was in my father's employ in Eebx-ten^inishi] The opera glass produced is the property .c< my father. It was missed in.February. '•' R. Shaw,-ci JO'SS-examined''by M_\ Hesketh: My father does not owe McDermott money; Tl.o ooti-to •* qf I Harnett and Go.1 did _we>* 'the defendant money. - T owe the defendant money. I spoke to him about the case in the KM. Court.. I told him that he had not scrupled to place my father in a false position. He asked me to withdraw the case on account of the family. The defendant is out of employment. The paper on vdiich. he was etriployed, viz. the Morning "Advertiser, has. stopped. ' Mr.« Pringle told* me that McDermott had lodged an opera glass with the purser as security for his passage; I believe my father told McDermott that he had puijured himself in the Resident Magistrate's Court; my. father left on Monday .in the Wpnga Wonga;1 I laidVthe informationf on Tuesday morning. '•'-'■' ''•■* ,',' ,'.'_' ';;■

Joseph Evans, sworn, deposed: I am" a compositor ; I know the defendant; I was in the 'femploy of W. Shaw in Feb__avy last; the defendant was. also, in the same employ _.I..collect an* opera glass -being missed. It belonged to Mr. Shaw. The last time I saw the glass was ori board the Lord Ashley.^ The one produced is the same. Thfe same glass is th& one that* was missed _rb_ri the office. '■■■'<•' '* vt-'m •■'■'>-■•.. ;."- **V*i

Cross-examined by Mr. MacCorinick : I saw the opera glass on the morning of the regatta, about three weeks before the stoppage of the Advertiser for the first time. I swear it Was not iv the same''place a Week bfefore the stoppage. I know Mr. Shaw was very fond of playing cards. I.hare played cards withMr. Shaw. ' I'resided 'with ; Mr. Shaw. I swear.l do not know that. Mr. Shaw lost.alot of money on cards wi.lithe defendant, -ft-... .Richard Bird Pringle, sworn, depbsed: T am purser of the s.s. Airedale. I know^the prisoner. He went ou board the' s.s. Lord Ashley. He asked me for a passage to Weir lington, .He offered, me his watch and an opera glass as security... He,told me he. had bought the glass on the Coast, audit was worth £7 10s., and the watch belonged to his father. I gave him a, passenger ticket, with the understanding that, the passage money, was to be paid in v7ellington. Cross-examined..; by... My. Hesketh: The letter produced was the one the prisoner showed me yesterday from, Mr. Didsbury. I kribw Mr. Shaw, s'enr. I have travelled with I him. I did not see'youiig Mr. Shaw until ;he came on board with Constable Negus. This closed ;the case for the prosecution. Mr.' "MacCormick addressed the Bench,for the defence. He must say before Mr, Sliaw had laid this information, he should have" Been more cautious. He Would prove, by a^fcitleman in Court, that Mr. Shaw, sen., was very fond bf a gariie of cards, arid he wbald piroye that Mi. Shaw owed the defendant a'large amount of money for gambling. The db__nce was that, in part payment of the amount owed ,to defendarit by Mi J. Shaw'/ he was told he" might take the glass and £3 to go on With.'1 Mr. Shaw also requested the defendarit might not tell his family of the little games of Car-ds. Hririright say that had Mr. Shaw beenpri^erit, he was sure he would neVerhave'Come hero to be so exposed, as he would have been; John Moore Perrier, sworn, deposed: I know Mr. W. Shaw. Mr. Shaw was veiry fond of playing cards,- in fact more BO thnn :I am, and that is saying a good deal. Mr. Shaw would bet and gamble on any subject. H-^ taught him the game of euchre." -Mr. Sl^aw alwriys -preferred' 'me ; as his, partijia£'. LwaSj'the'lTditor of,jthe $lorhiny A'dvH'tiser. Thames ' Times,'^Evening Star, and Auckland and Thames Leader. I was pr.Beht-at tiie

case Shaw v. Coppook, heard at the ( R.M Court. I was a witness in the case. Mr* Shaw on that occasion said he would make it hot for the defendant.

Captain Freer, sworn, deposed : I know the defendant, and have known him for seven years. He has always, as fur as I know borne an excellent character.

Messrs. Howden and Keesing were called as to the character of the accused, both giving himian-xeblient character.

Josiah Shaw, sworn, deposed: I am a reporter.: I kpow Mr.' Shaw very well, and I also know the defendant. I believe him to be utterly incapable of this offence. Prom what I know of the accused, I believe him to be a thoroughly honest man. ; Examined by Serjeant Moore: I did not tell-TMi Shaw yesterday that I believed the defendant had stolen the glass.

This closed the case for the defence,

Mr. Hesketh • brieflj'oommented-uiponwtte whole evidence. Several witnesses had been called as to character, and he wa_7sure the Bench would agree with him that the defer.ilant was not guilty-of.stealing the*opera. glass. It was proved that Mr. Shaw was fond of a' game of cards and had lost money; and whether it was a debt of honor to Mr. McDermott or not, no, felonious stealing could be brought home, to the . accused. _H e hoped the Bench would clear this young, man's cliaracter from all blame in this matter-' he had a living to get, and should.notleajrji the Court with a stain upon his character. He would leave the case in the Bench's hands,1 and would confidently ask therii to dismiss i the case.- •'■" >'■'■>'■■ '■"'■ ■••'"• ,''"'* ■ •* tvnfwnl.v-.

The Bench gave their decision, that the evidence adduced Was in hd way satisfactory or conclusive; No evidence was brought forward to bring the larceny home to the accused,, so the case must .be dismisaedi

[Left sitting,