POLICE COURT.—Wednesday.

Auckland Star, Volume I, Issue 237, 12 October 1870, Page 2

POLICE COURT.— Wednesday.

[Before T. B. Gillies and H. Grilfillan, Esqs.,

Justices.]

Drunkenness. —G. Marsh, R. Luscomb, C. Leary, A. Bannatyne, and H. Millet, were each fined ss. ar.d costs, or to be imprisoned 24 hours, with hard labour. J. Morgan, for his being drunk and disorderly, has fined 205., or to be imprisoned 48 hours. Municipal Police Act.—Charles Gilmour, for allowing two cows to stray in a public place, was fined 10s. and costs. Diobey_ng Ordehs. — Augustus Copede was charged with a breach of the Merchant Shipping Act, in refusing to obey lawful orders on board the barque Novelty, lying in Auckland harbour, on tin; Bth October.—Mr. Joy for plaintiff; Mr. Bennett for the defence —B. Burgess, depossd :I am mate on board the barque Novelty. Defendant is a seaman onboard (official log produced, having entry in it) on the Bth October, on board the Novelty. I ordered defendant to rot. mix the different marks in carrying bags of bone-dust. He did not attend to my order. Repented, the order on sevcrul occasions. He replied, " You —' — you want to mako me work " Several similar instances of disobedience were given. To Mr. Bennett : I believe defendant is a foreigner, but he can speak English, and understand orders. I was once fined for striking the prisoner.—George Russell, stevedore, deposed that Ihe mate ordered pri-oner to s parate the " M's" from the " H's."—To Mr. Bennett: Defendant said he could not understand the difference in the marks. The marks were distinctly pointed out. — The Bench hold that the case was proved, but considering the trivial nature of the offence, and the ill-feeling between the parties, and the unsatisfactory nature of the entry in the log, imposed a mitigated penalty of three days' imprisonment.

Assault. — R. Micklo wa3 charged by T. Edwards with a violent assault upon him at Mahurangi, on 23rd September; There was a counter charge.— Mr. Hesketh appeared for Mr. Edwards, and Mr. Wynn and Mr. Sheehan for Mr. Mickle.—Thomas Edwards, deposed : I reside at Maburangi.. I received the letter produced from Mr. Mickle, in which he stated that he had my bull, and would detain it till I paid certain fees. * I went to Mr. Mickle's house. On going to the paddock met Mr. Mickle. I stopped about a chain from him, fearing violence. I said " I have come to see what damage my bull has done, and if a pound's worth I should pay.it." He said the bull had walked into h_3 paddock. He said he had the bull, but would not give him up. He ordered me out of the paddock. I proceeded to go out directly. tie rushed at me, struck me in the face, knocked me down, took the stick from me. and struck me on the thigh and about the head and arms over twenty times. Mr. Mickles' boy saw the occurrence. I showed the wounds to Dr. Nicholson.— To Mr. Wynn : I have had fourteen acres of land and about twelve head of cattle at Mahurangi. About six, acres were in cultivation. The cattle feed on Mr. Mickle's unfenced land. I never struck Mr. Mickle on struck at him. Mr. Mickle has got about one thousand acre's. —To i the Bench: I went up to about ten feet of Mickle.—Edward Shar non, a lad of twelve years, deposed : I am in the employment of Mr. Mickle. On this occasion I was picking up sticks. Could not hear all said between them. Edwards asked for his'bull and Mickle ordered him out of the paddock. Edwards then struck Mickle on the arm with a stick, who then tried to takeit from Edward*, and both i fell down, and Mr. Mickle ordered him to go out of the paddock, which he would not do. And then Mr. Mickle struck him with the stick every time he spoke back to him, and followed him up to the fence, and Mr. Mickle told me to fetch the hat and I did so. And them Edwards went away. They had both fallen together, Mr. Mi kle being on top. They bad not been wrestling together before Edwards struck with the stick. Mr. Mickle struck him every time he gave -him " cheek." He was using bad words.—To the Bench : I am quite sur« I saw Edwards strike Mr. Mickle with a stick. —Dr. M. B. Nicholson deposed : On the 29th September plaintiff called on me, his arms were bruise.d ; they were not fresh bruises. They were on the outer part of the left arm.—This closed the case.—The Bench desiring to hear the counter case, T. Edwards was charged with assaulting R. Mickle on the same occasion.—R. Mickle deposed :On the occasion I alluded to, I told him to go away, I wanted to attend to my work. He then made a blow at me\ and struck me with a large tea-tree stick. We then closed, and we fell together. I then told him to go out, and he abused me, and every time he gave me

'ibuse, I gave him a " tap" with the stick. Most positively he struck me first. —Crossexamined by Mr. Hesketh. —The Bench regretted that two settlers should waste their time in comibg to Court about such quarrels. It was plain that Edwards was the aggressor, but, in consideration of the punishment already received, both cases were dismissed. Larceny. — Abraham Abrahams was charged with havir g stolen several articles, to the value of £10, from Adolph Beissel.—A. Beisscl deposed :lam a hairdresser. On the 10th inst. I closed my business at. 8 p.m. Abrahams and I were partners, sharini iv the takings of the business: On closing, defendant was left in the shop, as he wished to sleep there. I gave him the key On opening the shop in the morning, I found the articles gone. On going to his private residence, I asked him for my things. He told me that I should not have theni.—To Mr. Joy: Defendand had the tenancy of the shop, and in his own name. I came iv with him as partner. I paid the rent out of the takings. Cannot say which of lis owns the other money. He has lent me money several times. These articles were used in carrying on the business of the partnership. The furniture was his, and I brought, these articles in to be.used in our business.—Albert Knapp deposed generally to circumstances not bearing particularly on the case, and it was dismissed.