POLICE COURT.—Saturday.

Auckland Star, Volume I, Issue 240, 15 October 1870, Page 2

POLICE COURT.—Saturday.

(Before S. Eempthore and H. M. Jervis, Esqs., Justices.)

Drunk. —W. M.-Donad and David Thompson, were finecl'.eac-h ss. and : costs or to be imprisoned 24 hours with hard labor. Assault. —Abel Fletcher was charged with having, on the 12th October, at Auckland, assaulted Eiclnird Mourley.—Mr. Joy and Mr. Brock for the pi-osecution and Mr. Bennett for tlie defence. —Eielmrd Mourley deposed : I was employed by Mr. Faulder to remove night-soil from the "'Old House-at Home." Fletcher came up and caught the leading horse, and suid, " I have caught you, you

, have I ? taking my work away from me." When closing the gates, between 12 and 1 at night, the defendant came up to me and said, " You are the I want," and he told his son to turn the cart up and crush me. He then made several hits at me and kicked me. He followed me up and struck at me several times. I kept out of his road. I never, interfered with him "or" triod to strike him. I had : given him no provocation. — To Mr. Bennett: We ai*o rival nightmen. Defendant is contractor for the City Board. It was a moonlight night, and I could see my horse 3. Another man was at their head. There3 was nothing to provoke the assault. — Edward Hall deposed : I was employed by Mr. Faulder on this occasion. Complainant was with me. Fletcher came over to us. I was but a few yards from complainant. After the language "detailed by last witness, he struck me behind the right ear with his clenched fist; he then ruhhed at Mourlcy and struck at him three or four times. I swear we had used no language to provoke. Jle shouted out to his son to turn the "float" (cart), and crush the up. The son did so several times. I avoided a collision. I then went for the police.—Cross -examined by Mr. Bennett, but without shaking his evidence. —It. McDonald deposed : I am a hotelkeeper at the top of Victoria-street. Saw Fletcher on the night in question, about 12.30. On hearing a noise, 1 went out and saw the parties to this case. Defendant was striking at Mourley. He was to a certain extent under drink. lintorfered to preserve peace. —This closed the case for the prosecution.— The ense was dismissed, each party to pay his own cests. —The game defendant was then charged with assaulting Edward Hall, on the same occasion.—The same evidence was adduced as in the former case. —Abraham Fletcher, son of defendant, gave rebutting evidence, but defendant was ordered to pay a fine of £1 and costs.