POLICE COURT.—This Day.

Auckland Star, Volume IV, Issue 1191, 17 November 1873, Page 2

POLICE COURT.—This Day.

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

DRUXKENNKSS.

Thomas Mulvany was fined ss, a vcnerablo offender, Peter Finn 10s, and Anthony Cullen, a raechan-'c, th;s being his tb'rd offence within a week, was "sentenced to seven days' imprisonment for di.mkonness.

NOT LAWFUI

Charles B. Colls was charged with selling alcoholic liquors on hisprcmisesin Wyndhamstreet to one Edward Hanoran, on the 10th inst., without being licensed to sell the same under the Licensing Act. Mr Brohamconducted the prosecution, _>nd Mr McCormack for defendant.

Defendant pleaded not guilty. Edward Hanoran deposed that on the 10th of the present month he went to Colls' premises, and paid defendant's wife the sum of 10s for a dozen and a-half of ale and half a dozen of porter. He was served with the goods by a stout lady, who he supposed was Mrs Cobs.

To Mr. MacCormick : I am a carpenter. I am in the habit of buying a dozen of ale at a time, but I have never bought ale before of defendant. I can read. I went into Mrs Colls' registry office and asked for the beer, and Mrs Colls went at once to get the beer. I cannot swear that Mrs Colls is Mr Colls' wife.

George Jeffrey, detective officer, deposed that he saw tho iast witness leave the premises with sundry bottles of ale and porter. Sergeaut-Major Pardy deposed that he had spoken on several occasions to Mr CoJ's on the practice of selling beer without a license, tolling him that it was unlawful. Donald Watson, of tho firm of Bedell and Watson, of the Great North Road, deposed that Mr Col's had been an agent of the firm for the last two years ; that they supplied him with beer, but not iv bottles. He was allowed to do as ho liked with the beer. He was not aware that it was wrong. The firm supplied, defendant according to his orders. Mr MacCorniick submitted that there was no case. The man Hanoran went to MiCoils' premises for beer, which was sold by defendant as the authorised agent of Bedeil and Watson, and the invoice showed that the contract between the parties was made by defendant on behalf of the brewers. It had not been proved, moreover, that the woman who served the beer and porter was the wife of Colls, aud that as there was no case against defendant there was none against Bedell and Watson, who held a wholesale license, which permitted a sale in the street, and that there had been no breach of the Licensing Act. His Worship remarked upon the case, and considered that there had been an infraction of the Licensing Act, but the Court would iLot mllict the full penalty. Fined £5 and costs. JOHN DUKE AND THE GOSLINGS. John Duke, a resident of Newton, was charged with assultiug Susan Lacovay on the morning of the 9th of November, by violently assaulting her.

Mr Madden appeared for defendant, and Mr Joy for plaintiff. - j Pbintiff deposed that between six and ! seveft o'clock on the Dth of the present; month she went int.' an adjoining vaoa?;t oHotmenf; to bring in her goslings, when she was insulted by Mr Duke's son, who threw stones at her. She lived near te defendant. Mr Duke then rushed into her premises hut partly dressed, and appeared in a great state of mind, and caught hold of her by her two hands, shook hot violently, and bum] 2d her head against the wall very hard, and then Hung her savagely to the ground. She remembered no more, as she went into fits, and Dr Kennedy was sent for. Mr Duke appeared extremely wild, and was but partly dressed. She believed that she tore his shirt. She was so alarmed she scarcely knew what she did. She was very much bruised. She wished for protection from Mr Duke. She was a hard-working widow, with two children to support.

To Mr Madden : She was really afraid of Mr Dv.ke. He rushed from his bed without any provocation, She pushed his boy, but did not strike him. Tlie quarrel began about the goslings, who had been trespassing on his vacant allotment. She went to get them out, when Mr Duke's boy drove them in a contrary direction. He throw a bottle and hurt her head, and caused it to bleed. She did not square up to him. She might have kicked him while in a state of unconsciousness. She was conscious of tearing his night shirt.

Thomas Jones, labourer at Newton, dosed that he was on the spot at the time of the assault ; he also saw the goslings, which were enjoying themselves on tlie allotment; he saw the boy driving them in a contrary way, when Mrs Laconay expostulated with the boj. who immediately swore, and threw stones at plaintiff. He then saw Mr Duke jump over the fence in a half naked state like a madman, who 1 jshed at Mrs Lacovay, caught her by the hands, dragged her about, and Hung her to tho ground. Ho called the man abute; when a great many persons began to gather rovnd. He saw defendant strike the woman with his hand. He was a stranger to both parties, both parties.

Benjamin Rarasbottom affirmed that he heard a noise, looked out of the window, saw defendant humping the woman's head against the wall. Ho thought it was an escaped lunatic from the Whau. He felt certain of that, and immediately sent for the police.

Mr Madden submitted that his client was very much provoked, as plaintiff had defrauded him of a large portion his wdiiskers. Me would call wltnessen to show that his client was not such an uncultivated man as he wr-. represented to bo.

Maltha I'.arrctt, deposed that she was a neighbour of the parties. He could not have used her in the ibanner described, without her knowledge. He merely put her down upon the grass. She struggled manfully. She was desperate.

To Mr .Joy : She was not il'-friends with Mia Lacovay, who gave her flowers sometimes. She could not say if Mr Duke went into Mrs Lacovay's house, The shake was not hard, about the same perhaps as you would shako a person, Mr Joy, when not very angry. (Laughter.) Mrs Lacovay was in the habit of having passion-fits. Dr. Kenii' dy came as she was going >nto one and begged of her to calm herself and not go off aga-'n.

In reply to Ids Worship Mr Madden stated that he had a number of witnesses to call, which would cause some considerable difference to the population of Newton.

Elizabeth Cane remembered Sunday week, she was about to get up in order to boil the breakfast-water. She drew her curtain on one side and saw plaintiff, the boy, and the goslings. She then saw Mrs Lucovay box young Duke's ears, who pelted her with bits of clay. She saw her pull. Mr Duke's whiskers, kick him, and deprive him of part of his beard. (Shirt and beard produced. Laughter.) Complainant held up her hands in a terriflie attitude, when Mr Duke put her down very gently. He was ;n a great passion, but she did not see him strike her. She then went on cutting bread and butter. Several other witnesses were examined, hut nothing material in addition to the above was adduced.

His Worship reviewed the evidence and characterised it as a most unwarrantable attack on the part of Duke, and fined him 40s and costs, and ordered him sureties to enter ;nto his own recognizances for £20, to keep the peace for six months. Mrs Lucovay was fined 5s and costs, as the result of the counter-charge. ASSAULT. A charge of assault was preferred against William Lloyd at the instance of James 11. G rattan, but upon the application of Air Rees the case was withdrawn, defendant having made an ample apology.