POLICE COURT.—Thursday.

Auckland Star, Volume II, Issue 560, 26 October 1871, Page 2

POLICE COURT.—Thursday.

[Before Thomas Beckham, Esq., R.M.]

Dkunkexxess. —Five persons were punished in the usual manner for this offence.

OBSCENE LANOUAOB. —Elizabeth Colshaw, for using obscene language within hearing of persons in a pubiic thoroughfare, was ordered to pay forty shillings and costs, or be imprisoned for fourteen days.

Puoi'ANE LanouaG'*. —Anno Webb pleaded " not guilty of this offence —Constable Donovan proved that the language, as well as the conduct of the woman, was utterly abominable, and tho consequence was, she was sentenced to pay a fine of forty shillings, or be impri-oned for fourteen da;, s.

Piinjpitv. — Robert 11. Stevenson was charged with comiritting wilful and corrupt perjury.—Mr. Sheehan said he had been instructed to withdraw the charge. - His Worship altogether objected to the withdrawal, s lying that as a distinct charge had been made, it must be quite certain that if the defendant had not been guilty of perjury, the prosecutor Fernandez must himself have comi-UiU'd it. The very fact of such a charge having beoeii made, would operate hereafter to the prejudice of the defendant. Cbarges'of this kind might from mere motives of spite be brought against anyone, and, as Lord Campbell observed, such proceedings inighLbe readily turned into instruments of extortion. Mr. Sheehan explained the circumstances under which the information had bean laid, which appeared to havo been done under some misapprehension.—Mr. Hesketh agreed with Mr. Sheehan.—His Worship expressed a very stront: opinion as to the readiue.-s ol people to^ma&e' charges of this kind, and ordered defendant to be discharged.

Breach of Licensing Act. —Julius Rosehthorf was charged vvith committing a biva..h of this Act. by selling ten barrels of bottled stout without being iioeused to sell alcoholic liquors. —Mr. J. 13. Russell appeared for the defendant, and pleaded guilty. Defendant was tho agent Of a large firm in Melbourne, who wore exporters of great quantities of bottled liquids. If au agent lvore not allowed to sell when the goods arrived he would, in all probability, have to wait for a twelvemonth to take out a license to sell under tho Act. Defendant bad endeavoured to procuro a liceuse, but found he could not obtain.- one until next year. Tho Licensing Act "had evidently been framed in" a loose manner.—His. Worship agreed with the learned counsel in this, but thought that as the law was in existence he would not be doing his duty unless he imposed a fine of ton pounds. Assault, —Stanley Williams and J. McVey Bmird were charged by Arnaud Mayall with assaulting him by beating him on the back and shouldora with a stick. Before the information was read His Worship strongly recommended the defendants to compromise the matter if there was any truth in tho charge, and not to allow the subject to be made matter of public discussion. —Mr. Baird, however, preferred that tho matter should come before the public. — Defendants pleaded " uot guilty, and justification," and were undefended, although Mr. Hoskoth watched the case on their behalf.—Mr. Joy appeared for tho complainant, and opened the case in a learned and eloquont address. — Arnaud Mayall deposed :On the 17th of this month I was living in tho house of Mr. McVey Baird. 1 was a hired servant, and received three shillings a-week, as well as my food and clothing. ! had made no engagement as a scholar.- [Here Mr. Baird said the lad was a ; ehoiar as well aa a servant.] There is no money paid for my education. I went occasionally to an evening class, with some other boys. * t was no part of tho agreement that I should liive any education, i did general work about tho place. On tho 17th of this month I was handed over to detective Jeffrey, by Mi-, i.ai.d, and taken to the police station. Mr. Baird subsequently came aud took me back. When I got back, he told me to take a seat in the school-room, and fastened t.iie hdches of the doors. Mr. Williams came iv, on i saw that the doors were fastened. I remained' there until the boys came back from dinner. Mr. Baird then accused mo of writing something iv a book. He then told mo to lako off my coat, vest, and shirt; and as I objected to do so, he ordered the boys to do it. He then pdt three boys to hold me down over the desk, and Mr. 'Williams struck me twelve or sixteen strokes over the back. Tho strokes weife sever,-. Mr. Baird then told me to put my clothes on and go to bed. I went thero anil lay until next day until dinner time. I had _ headache and was quite giddy after the

beating.—To Mr. Baird :I am sixteen years old. Whether I weut to the evening class depended on whether I had any work to do. Mrs. Baird told me to attend the classes. I was not treated in a very unkindly manner previously to the beating. I had been accused-of writing obscene remarks in a boa!.". [The book was here produced, and the Bench said that if any boy could write such things, he well deserved a good b'rehing. The boy confessed that the handwriting was his.] George Mayall, brother of the last witnes., was hired as a servant by Mr. Bairl.--Sarah Mayall, the mother of t! c lad, deposed that no agreement had ever been male with Mr. Baird aa to his instruction, end that the boy was only a servant.—John Henry Hooper, member of the Eoyai College of Surgeons, deposed to the severity of the beating which fne prosecutor had sustained.—Other evidence was th-.i. adduced to shew that the beating was a severe one. —This closed the case for the prosecution, and Mr. Uaird made a long speech, urging that the punishment infhcleu on the boy' was by no means eommen? urate with the oii'euce, and that ho was justified in punishing the boy. On tho resumption of the Court, at two o'clock, after a short adjournment, Mr. Bcveridge stated that lie had been retained for the defence, and enlarged ou the depravity and immorality which was displayed by the boy. He thought that the casligation^ administered was only such as the moral offence required ; and if the rod had not been applied in the manner iv which it was, much greater mi.chief might have accrued ; the castiga ion was richly deserved.--For the defence, the second master of the Auckland College was called, with the view of shewing that prosecutor was a pupil. This witness, however, was very unwilling as to his testimony on. both .ides, and his evidence did not alter the position.—Mr. Stockwcll, a duly qualified medical pvactitiouer, deposed to the extent of injuries the prosecutor had sustained, which appeared to be not inordinately severe.-Detective JeiTery gave evidence to having seen the boy in the evening after the flogging had taken place, lie thought the flogging had not been an unreasonable one. His Worship, after considering the abominable nature of the offence committed iv the first instance by the boy, thought that Mr. Baird had been perfectly justified in soundly thrashing him, and expressed a hope that the mother of the lan would a's> inflict punishment of a similar nature on the precious youth, to such extern as to compel him to amend Ids ways. —Hie case was dismissed.