POLICE COURT.

Auckland Star, Volume II, Issue 606, 19 December 1871, Page 2

POLICE COURT.

THIS DAY,

Before Joseph May, and P. A. Philips, Esqs., Justices.

DEUIsKENJTESS

Four persons were punished in the usual manner for first offences; and George McQuinne, for a third, was sent to gaol for seven days.

ASSAULT

Francis Simmons was brought up on warrant, charged with unlawfully assaulting one Ellen Mahoney, by striking her on the arm with a tomahawk.

Prisoner was defended by Mr Bennett, and Mr Joy appeared for the prosecutrix. Ellen Malioney deposed that she resided in Edwardes street. Defendant came to her Louse on Sunday afternoon. The door was locked, and he broke the lock and went in. He took up a tomahawk and opened the window. He broke a looking glass and other things, and struck her with the tomahawk, knocking her down. Witness had never spoken to him before, and lie had no right in the house. He further threatened to burn the house, and said it was not the first thing of the kind he had done. She was afraid he would do her some harm if not restrained, and requested he might be bound over to keep the peace. Cross-examination failed to shake her testimony

Patrick Glasgow had heard a kick at the door and the breaking of glass.

Kebecea Culvert deposed to having seen prisoner lifting up the window. She saw a fight, and prisoner put his foot on the looking-glass. She also saw him put his heel against the door and force the lock. He burst the door open. He did not go in, but lifted the window. She saw him strike prosecutrix and knock her down, because she wanted to take her tomahawk from him.

For the defence, Mr Bennett called Alexander Connell, who said that he and prisoner were having a qniet drink in another house, when prosecutrix came down and some hot words passed. Prosecutrix was very aggravating, and scratched prisoner, who then knocked her down. A great deal of bad language passed, and prosecutrix took witness' hat away. Prisoner went to her house to get it, and witness followed ten minutes after. He saw a scuffle in the yard, and .Rebecca Culvert throw a tumbler at prisoner. He believed prisoner struck prosecutrix again at that time. For the assault the Bencli fined prisoner 20s and costs, and bound him over to keep the peace for three months in his own recognizances for £20.