CITY POLICE COURT.

Evening Star, Issue 3238, 7 July 1873, Page 3

CITY POLICE COURT.

Saturday, July 5. (Before His Worship the Mayor.)

Anderson’s Bay Assault Case.— Henry Smith, Thomas Jerome, Thomas Richens, and Henry Cochrane were charged on remand with the above-named offence. Sub-In-spector Mallard again prosecuted on behalf of the police, and Mr Harris appeared for Smith. —Adam Nichol, a blacksmith at Anderson’s Bay, deposed that on the night of the assault his attention was attracted by hearing cries of distress. On proceeding in the direction from whence they came, he found Mr Sanderson lying in the road much bruised, and his face covered with blood. Mr Sanderson said he had been attacked by the Brogden navvies, and asked him to follow and identify them. Witness was then joined by his blacksmith, and corroborated the evidence already given identifying the prisoners. —James M‘Donald deposed that he left the hotel in company with Sanderson and Braid. On proceeding up the road, they were met by the four prisoners. Without receiving the slightest .provocation, the prisoner Cochrane came up and stuck Mr Sanderson in the face. Mr Sanderson said, “ You wretch, what do you mean by assaulting me.” A scuffle ensued, during which Mr Sanderson fell. On getting up, he got away from his assailants. Witness then separated from the others, and went home.—William Sanderson, the injured man, was then called, and gave evidence as follows: I remember the night of the assault. I left the Carrick Hotel about ten o’clock, in company with the previous witness M‘Donald, and also Jaines Braid. This Braid left about the same time. I went towards home. About fifty yards on the way we met four men walking towards us. I identify one ot the four viz., the prisoner Jerome. As they came we separated to allow them to pass. Without saying a word, one of the prisoners struck me on the face. After doing that he went about a couple of yards and turned round. I asked him what he meant by assaulting people in that manner. He rushed up and caught me by the legs, intending to throw me over his head. After a struggle he succeeded in throwing me down, and while on the ground he struck me with his fist. I struggled, and got uppermost. This took place in presence of M‘Donald. I got up and took a step backwards, when Jerome struck me a severe blow on the jaw. It stunned me very much. The one who attacked me first then attacked me again. I do not recognise that man. He made a rush at me, and we closed. I got hold of him by the neck, and gave him two or three blows on the head or face, until he twisted himself out of my hold, leaving a piece of his coat in my grip. I then struck a match to see if I could identify them. It was then I recognised the prisoner Jerome. Four persons were there when I struck the match. I then Ieft them, still going towards him. I told them l would inform the police of the assault. I had gone about eighty or one hundred yards when I heard a noise. I stopped, and looked behind, when several men rushed upon me. I asked them what they meant by assaulting people in this manner. Thomas Braid was with me at this time. One of the men cried, “that’s him, give it to him.” I was then rushed upon by two or three of them. I could not say how many. I fell, and they got on the top of me, and commenced pounding me on the face with their clenched fists. After they had been pummelling me for some minutes, I called them cowardly dogs, and asked would they not let me get to my feet. I also added, ‘‘Do you want to murder me?” They never spoke, but kept beating away at my face. I cried out “ Murder,” expecting it would attract my neighbors. I felt that if they continued beating me much longer, I would be insensible, and as there was no one coming to my assistance, I made a desperate effort, and caught one of them by the throat. I held on until he cried out to some one standing by—that I was choking him. I next heard steps of some one coming forward, when I was kicked or struck on the side so severely that I relinquished my hold of the man’s throat. After that they seemed to continue the assault more savagely than ever. As a last effort I cried, “Murder” again. In less than a minute afterwards I heard Mr Nichol's voice. On hearing this my assailants Iet go their hold and made away down towards the bay. I was in the act of getting up when Nichol came forward. He flashed a light in my face and said “What a state you are in, can I do anything for you?” I replied “Never mind me, those men have nearly murdered me ; follow them up and see if you can identify them.” The clothes I wore that night are these produced They are stained with blood. I was perfectly sober that night, and had quarrelled with no one.—The Court: Where was Braid all this time?— Witness; He was there when I was knocked down the second time, but I did not see him afterwards.—The Court: That gentleman must have shown a great amount of discretion —Mr Harris: And M'Donald too, I think. Examination continued : I told the police of certain marks by which the men who assaulted me might be identified. To Mr Harris : I left the hotel with Braid and M‘Donald. Both these men were with me when I was first attacked. It was pretty dark at the time. When I was rushed at neither Braid nor M‘Donald attempted to assist me. I do not know what became of them.—Mr Harris: I suppose they did what is popularly called “skedaddle.”—lnterrogated : Can you identify any of the persons as having committed the second assault? Witness—No, unless by the marks I have already alluded to. —To Jerome: I saw you strike me.—Sergeant Beaven deposed to having apprehended the prisoners in a paddock at Anderson’s Bay. He observed certain marks on the prisoner Cochran’s throat. He had also a black eye. The coat now produced was worn by Ritchens. It bears marks of blood. There was nothing particular in the appearance presented by the other prisoners.

Monday, July 7. (Before his Worship the Mayor.) Drunkenness. —William M‘Donald was fined 5s, with the usual alternative ; and Henry Brown, who had been in the lockup since Saturday, was discharged with a caution. Notorious Characters in a Notorious Place.— Michael James Cain, alias Faherty, alias Donoghue, was brought up charged with making use of obscene language, fighting in a public place—-viz , in a right-of-way off Walker street—with assaulting Constable Rooney while in the execution of his duty, and with damaging the constable’s uniform to the value of 40s.—Constable Rooney said that about 12.20 p.m. on Sunday he saw a crowd collecting round Cooper’s grounds, and when hastening up to the place he heard a party calling out that there was a fight. He went to the place and heard the prisoner making use of language of the most filthy nature, and he was apparently engaged in a fight with the woman Farra. They appeared to be quarrelling, rather than having a desperate fight. (Prisoner here wanted to show wounds which he stated were inflicted by the constable’s rough treatment, but his Worship cut him short, saying that, being a

witness of the fight, he could say that the prisoner’s behaviour was most disgraceful.) Witness passed a short time before. Mr Cooper was out at the time, and the house belonging to prisoner was on fire, there being two prostitutes and three Brogdenites in it at the time. His clothes, which were torn by the prisoner, cost L5 12s 6d when new (they consisted of a jumper and trousers, which were produced both being very much damaged), and Sub-Inspector Mallard had refused to pass them as fit to wear when on duty.—A witness named Priest, a tenant of Mr Cooper, heard prisoner make use of most filthy language, and saw him struggling hard so as to get free of the constable.—By the prisoner : As far as he could see, the constable neither struck nor choked you. —His Worship considered the persons who let these houses to such characters more blameable than the offenders themselves. He knew for a fact that this particular spot was a disgrace to the neighborhood, and he hoped the police would endeavor to turn them out, as he had determined to put a stop to such conduct so long as he remained on the Bench.—Sergeant Bevan, on behalf of the police, remarked that nearly every bad character, after coming out of gaol, took up his quarters there, nearly all of them being Cooper’s tenants.— His Worship said it was a very great pity that such was the case, and it was a noticeable circumstance that those characters almost invariably lived in that particular place: it was a disgrace to the City that such a state of things should be allowed to exist. He saw the disturbance, and must say that it would be a most disgraceful thing to take place on any day, and more particularly on a Sunday, when respectable persons were continually passing. — Prisoner here showed his breast, which was severely cut, and his Worship addressing him said, “Whatever you received it was the result of your own behavior. It is not the first time you have been here.” He then again referred to the neighborhood, and said it was the worst place in Dunedin, spoiling what would otherwise have been a most re-spectable-quarter. It well deserved the name “Devil’s Half-Acre,” which it bore. On the first charge, making use of obscene language, prisoner would be fined 40s, with the option of one month’s imprisonment; for the second offence, fighting, a similar amount, with a similar alternative for assaulting Constable Rooney, the same; and for damaging his uniform, 40s or fourteen days, making a total of three months and fourteen days imprisonment. The sentences would be cumulative, and he hoped it would be a warning to such characters in future. — Harriett Farra alias Kate Farra, the woman; who had been having a scrimmage with the last prisoner when Constable Rooney put in an appearance, was charged with fighting, and was fined 20s, or in default seven days’ imprisonment.