POLICE COURT.—This Day

Auckland Star, Volume IV, Issue 1180, 13 November 1873, Page 2

POLICE COURT.—This Day

(Refore T. Beckham, Esq., R.M.)

DRUNKENNESS

Jane Rolfo, alias Reid, pleaded guilty to the charge of being drunk, and was lined 20s with the usual alternative in case of nonpayment. Jane Ryan for a like offence was dealt with in like manner. WINDOW BREAKING. An elderly man named John Shicrs was charged with maliciously breaking a glass windowpane, value 12s, at tho Waitemata hotel on the 12th instant. Mr Broham stated that the prosecutor, Mr Edwards, was not desirous to press the charge, and the accused was accordingly discharged. .1 REACH OF MERCHANT SHIPPING ACT. Edward Lawrence, a night watchman, was charged with a breach of the Merchant Shipping Act by absenting himself without leave from the Countess of Kintore. The chief officer stated that he did not desire to press the case, and gave the man a good character.

The R.M. said it was a serious offense for a night watchman to desert his post ; far worse than any [ordinary case of desertion from duty, and he doubted whether the mate was acting rightly in seeking to have the man discharged. He ought to be at all events mast-headed for thirty-six hours when he got on board. Under the circumstances the man would be discharged to the ship this time, and was very lucky in getting off so easily.

The accused was accordingly discharged

ASSAULT.

Francis McGann was charged with assaulting Bridget Byrne by striking hor on the face, and kicking her, in Edwardes-street, Auckland, on the 11th inst.

Tho defendant pleaded not guilty, and said he was drunk, and did not remember striking or kicking the woman.

Mr Joy appeared for complainant, who stated that on the day above-named defendant came to h«r place and called her vory bad names, threatened to take hor life, put a stone round her neck, and throw her down a well, and that he would " butcher" her. He then caught her by the hair of the head, knocked her down and beat and kicked her as she lay on the ground. This was all done without any provocation whatever. Defendant is a next door neighbour.

By Defendant : I did not hit you six or seven time, with a broom. You tried to throw me on tho sofa. I did take up a broomstick to you, but did not use it. You got hold of it. lam afraid of my life.

Constable Kinsella stated at about half-past seven o'clock on the evening of the day in question he was called to the scene of action, and saw that the woman was bleeding from the nose, and had marks of violence on her faco. She complained of having been assaulted by defendant, who had run away, but was afterwards arrested on warrant by another constable.

Being asked what ho had to say in answer to the charge defendant said ho remembered nothing about tho matter.

Tho Rosideut Magistrate said defendant ought to feol thankful he had not killed the woman (and in tho state she was it would have beon a double murder), and boon tried for his life. If the woman did use the broomstick she wa3 quite right to do so.

In reply to a question by tho Court dofondant said ho was a married man, and a quarryman by trade.

His Worship said ho would tako time to considor his decision in this case.

ATTEMPTING TO COMMIT SUICIDE.

Edward Thornton was charged with attempting to commit suicide by cutting his throat with a knifo at tho Royal George hotel, Nowmarket (of whioh housQ he is landlord), on the 6th instant.

The Resident Magistrate inquired if it was necessary to go on with the case.

Mr Broham said defendant, though formerly a stoady man, had become " a notorious drunken blackguard " lately. Mr Beveridgo, for defendant, said the man had been for a long time sober and steady, but when he got the licensed houso the temptation was too strong, and ho took to drinking. For some time he was under the influence of liqior, and latterly suffered from delirium tremens. He had given up the hotel, and become again a sober, stoady man.

Mr Broham said he did not desire to press the charge. At tho same time cases of this kind were getting very common. The caso was a serious one, aud the man's life had been in danger. He had been in the Hospital for some time, and Dr Philson would state that there had been considerable danger. The R.M. said the case must go on. Dr Philson was then sworn, and deposed that the defendant was brought to the Hospital on the 6th October. He was suffering from a transverse wound, three inches long, across the upper part of his throat. The opening extended some distance, but the wind-pipe was not open. The wound had evidently been inflicted by some cutting instrument, such as the knife produced. He was faint from losß of blood, but was sensible aud able to give an account of himself. He said he had inflicted the wounds on himself whilst suffering from the effects of drink, and he appeared sorry for what he had done. All nourishment had to be injected into 'tho stomach for somo weeks. He romained in the hospital until the 11th inst. The wound has not yet quito closed.

Dr Dawson deposed to having visited Thornton at his residenco at Newmarket on the 6th October just after he committed the rash act with which he was now charged. He was lying on the floor of the kitchen with a severe wound in the throat, such as described by Dr Philson. Blood was flowing, and the wound had evidently been recently inflicted. There was also a good deal of blood on the floor and on defendant's dresß and hands. Witness dressed the wounds, and went with the patient to the hospital. J. V. Keat deposed that on the day in question he heard screams proceeding from the Royal George Hotel, and went to the spot where he saw defendant lying on the floor of the kitchen with a wound in his throat. Two knives—a larg,. one and a little one—now produced were lying close to defendant, one on the table, and the other just falling from the man's hand on to the floor. Both were smeared with blood. The depositions having been read over, theclefendantwas fully committed to take

his trial at the next Criminal sittings of the! Supreme Court. , j Mr Beveridge applied for defendant to be admitted to bail. !

Tho Resident Magistrate said he would accept bail— defendant in his own bond of , £100, and two sureties of £50 each. j

BREACH OF LICENSED VICTUALLERS' ACT —

SUNDAY SELLING

George Miller, landlord of the Robert Burns hotel, Union-street, was charged with a breach of the Licensing Act by supplying alcholic liquor on Sunday, the 2nd inst., to Mary Clare, she not being a lodger or traveller within the meaning of the Act. He was further charged with _ like_ offence in supplying liquors to one Frederick Basset on the day above mentioned. Mr Beveridge appeared for defendant, who pleaded not guilty. A sharp looking little boy, about ten years old, named Frederick Charles Bassett, having been interrogated as to the nature of an oath, and given satisfactory answers, deposed that on Sunday, the 2nd instant, he went to the house of the defendant —the Robert Burns hoetl. It was after breakfast. Witness went for sixpennyworth of beer for Mrs Neal. She gave him the money for it. Mr Miller served him with the beer, and was paid for it. Witness went three times, and on each occasion was supplied by Mr Miller with six pennyworth of beer. Mr Miller afterwards told witness to say he got the beer on the Monday. A message was brought to him by Mary Clare from Mr Miller.

By Mr Beveridge : I Avas going past Mrs Neal's house when she called me in and asked me to go for the beer. There was another woman, Mrs Baker, in the house. She told mo to go to Miller's. I had been there before. When I went there I saw Mr Milller and nobody else. I went by myself on each occasion. It was on the Tuesday following when Mr Miller told me to say the beer was got on Monday morning. No one has told me what to say to-

day. Louisa Maria Neal deposed to sending the little boy Bassett for beer on Sunday, the 2nd instant. Told him to go to Miilor's for it. He went away, and soon camo back with the beer. Witness had given tbe boy Is and two bottles for the purpose. Miller's is the nearest public-house. By Mr Beveridge: I had thirteen shillings' worth of beer that day. Drinking began at about eight o'clock. It was in a neighbour's house —Mr Baker's. Don't know whether she is a married woman or not. The boy was sent three times. It was about 12 o'clock when he was sent the last time. There were other people sending for beer besides me. The boy was playing outside the house that morning. Some neighbours helped to drink the beer, and they also sent for some. Mr Clare, amongst others, sent out for beer. His little girl went for it. I myself spent 18s Gd in drink that day. I paid the piper for all. There were about 27 quarts consumed amongst four of us. My husband is away at Mahurangi. We finished it all up by noon. Did not go to church that day. Did not go to the police-offics either. I was quite sober. I had not quite as much beer as some of the others. [The Resident Magistrate said the average, if all shared alike,

would be six quarts and more a piece.] It is not a daily occurrence with me to pay 13s Gd for beer.

By Mr. Broham : There was no distubance between Mr. and Mrs. Clare that day.

By the R.M. : I had employed the boy Bassett on previous occasions for the same purpose.

Constable Clarke deposed that on the day in question there was a drunken row in 'Wellington-street. (Mr Beveridge objected to this evidence as not bearing on the case, and the objection was allowed.)

This was the case for the prosecution,

For the defence Mr Beveridge said th_ evidonco disclosed a state of things which he did not believe existed in Auckland. Could it be believed that four people consumed 27 quarts of beer in four hours, and wore then sober. The testimony of the woman Neal was not reliable, and should be set aside. Her evidence and that of the boy was not identical, and although tho boy was very intelligent ho was of such tender years that his testimony required corroboration.

The Resident Magistrate said the case certainly did reveal a Btate of things that could hardly be believed, and he feared thereputation of Auckland for sobriety would not stand very well after the report of this case got abroad, as no doubt it would. So far as the testimony of the boy was concerned it was not contradicted, and he (thoR.M.) could sea no alternative but to convict tha defendant, but before doing so ho wished to know if Mr Broham intended to proceed on the other charge against Mr Miller of supplying liquor to the girl Clare.

Mr Broham, after some hesitation, said ho would rest the cases where it stood.

The Resident Magistrate then ordered the defendant to pay a penalty of -810 and costs, and cautioned Mrs Neal to be more sparing in the use of strong liquor for the future, especially in the absence of her husband. The fine was paid and the parties left the Court. LUNACY. Peter Reid, charged with being of unsound mind, was, on the testimony of Drs. Philson and Baynton, ordered to be sent to the Lunatic Asylum. ASSAULT. The man Francis McGann, charged with assaulting Mrs Brown, was hero re-called and fined £10, with the alternative of two months hard labour, and to be bound over to keep the peace for six mouths, himself in £50 and two sureties of £25 each. NEGLECTED CHILDREN. The two neglected children of Mrs Brown, an habitual drunkard discharged from Mount Eden gaol this morning, were again brought before the Court. Their ages were respectively seven and five. Sergt. -Major Pardy stated that the husband was absent in Australia. He had left his wife in consequence of her drunken habits. The Resident Magistrate ordered the children to be sent to the Industrial School, and to be brought up iv the Roman Catholic religion. This concluded the business.