POLICE COURT- MONDAY.

Auckland Star, Volume II, Issue 485, 31 July 1871, Page 2

POLICE COURT- MONDAY.

[Before His Worship the Mayor, and Thu 3i Eitchie, Esq., J:Ps.] > ' Dettnkeknbss.—:Four persons convicted 9 f this offence were' punislied in the usual manner. Assisting a Seaman to Desert.—Fredrick Smith, chai-ged with aiding George Warner 'to desert from H.M.S. Kosario.— Pleaded not guilty-—Mr. Beveridge appeared on behalf of prisoner,) who was discharged, as there was not sufficient evidence to convict him. Dbseetikg from Her Majesty's SebTIOE; —George Warner was brought up, chafed with having deserted from H.M.S. Kosario, and was defended- by Mr. Beveridge. —Sergeant Pardy deposed that prisoner had surrendered himself to the police as a deserter, and had been reported as such by the captain of the Rosario. Witness handed in the list of deserters which had been given him by an officer of that ship.—Mr. Beveridge. Baid that prisoner bad been accidentally left behind,, and was anxious to rejoin his ship.—The>Bench considered, however, that it was a clear case of desertion, and ordered prisoner to be forwarded to the Basilisk, at Wellington. ; ASSAULT. —Richard Sarsfield, charged by (Catherine Ryan with assaulting her on the .30th of July, with intent to do her gi-ievous bodily harm, pleaded not guilty.—Prosecutrix deposed that she was living with the§prisoner, and when he Vent home on the day in question he knocked her down and kicked her violently on the face. —Dr. Lee stated that he had seen proseeutrix directly after the committal' of the assault, and found her covered wibh blood. Both parties were in a chronio state -of drunkenness and-quarrelling, and were a public nuisance.—The Bench thought the assault of a -Tecy. aggravated .character, and ordered prisoner to pay a'-fine of £5' and costs, or be imprisoned two months with hard labour. MtoicipaiPoliceAct.—William Atcheson, who had suffered his chimney to catch fire was fined 5s and costs. Assault.—Martha Lamb was summoned by Michael O'Brien for striking him on the head with a brush. O'Brien deposed that he went into the shop of defendant, and she struck him on the head -without the slightest provocation.—Another witness was called, who, however, did not know anything of the matter, and the ease was dismissed. THE HIGHWAY BOBBERY IN PITT,:i,,. .., : .. i STREET. , , John McGinley and William McGinley, two youths of about 20, were charged by Solomon Freedman with first assaulting and then robbing him of the sum of £20.— Mr. Bennett appeared for the prosecution, and Mr. Sheelian and Mr. Hesketh for the defence.—Solomon Freedman, a storekeeper residing at the Mauku, deposed, that he .left the Mauku between nine and ten o'clock last Friday morning. He hap fifteen sovereigns in his pocket.- -When-..h0 arrived at .Pitt-st^et it was bright moonlight, and the two prisoners came up^ and walked beside him. He • heard them saying something about his having a lame horse. William McGinley struck him and ha came down from the horse. Witness got hold of him by the cbllaiy and asked what he had struck him for, at the same time calling for the police. The other prisoner put his hand m witness's pocket, and the prisoner John said to the other, " Hit him in the face " and accompanied the exclamation by striking him three or four times. Witness had William by the neck with one hand and the reins with the other. John McGinley's hand was in witnesssngUt-haha ptfckefc; 'Witness was knocked offjthe horse, and did not come down voluntary -He could see; their faces d™ tinctly. Witness was severely beaten and covered with blood, and had to let the go. He afterwards identified them at the potation, He had only had 'two glasses-'of-ale^ during -the davi H«w felt the purse in his pocket at Sw^et and missed it after the prisoner ha™ Ms , hand m his pocket. There were a good many people about , Bt .the time, It wa,s bS didS? iW thß 8h° P* were OP^: Witness did not state to any one at the time that he rid hat t *° said that he had asked a young man, annarentlya blacksmith to-go* for b a poUceSn, but did not remember that he had told him why he wanted a constable. Ho did not mention the occurrenca to the crowd because Was e x O ifced>,ana thought ,Ue would hW his purse had gone. The occurrence t oo k; fc "S^ °Pli? B! te Mr- StrettoQ's shop, which was lighted, and other shops were »l w lit up in the neighbourhood.

Did nob rem&rriiwr anyone, remarking that it ■: ■wa.=) n shame to rids so lame a pony, and that he was beUoi1 cihle to carry it tban it lritn. , Prisonerß dii* r^i, remonstrate with him for I riding a lame horse, aud he did not leave the animal to go and strike the prisoner "VVliiuHu •MeOinley. He did not g.>t on thb hbise figaiti, but led it down to Mr. Paul's, because it was co lathe. Gould see as well after th& blow, which knocked hie. oif his horse, £ before. Witness went up the road afterward with Detective TernaUan, :>nd found Liv c^ at the place where tb? scuffle happened. H;,, not then search for the Money. Did lock fe' it afterwards wiLh Tornahan, when the latfr* " suggested it might have dropped out of 'if pocket. Did not, expcab to <3ud ib. In f. (ixamiaation witness eaid he treie a Pole, \ understood Mr. Heaketh's questions. The Court adjourned for half an hour, J