CITY POLICE COURT.

Evening Star, Issue 3912, 7 September 1875, Page 2

CITY POLICE COURT.

Tuesday, September 7. (Before T. Birch, Esq., and J, Black, Esq, J.P.’s.)

Drunkenness. William Brown, James Campbell, and George Adams :were severally discharged with a caution. Burglary. —Thomas White, a convicted thief, was charged on the information of Hugh Hassell, master-mariner, with having on the Gth iust. broken into the cabin of the ketch Annie, then lying alongside the Jetty street wharf, and attempted to carry away a quantity of bedding valued at Ls. .Prosecutor said that he left the craft at noon on the previous day after having locked the cabin and seen that everything was secure. On returning, however, he found the cabin door wrenched open, and accused inside. Witness locked him in and wont for the police. On returning ho found some blankets and a quantity of clothing disturbed, —Prisoner was committed for trial.

Assault with an Axe.— Ah Chew, dealer, was charged with having, on September 5 last, at Dunedin, maliciously wounded one Wang ivlang, hawker, with an axe with intent to do grievous bodily harm. Mr F. R. Chapman defended.—Prosecutor (whose evidence was objected to by counsel on the ground that he had no religion) deposed that on Sunday evening he was in the house of one Mei Wah between six and seven o’clock. While there he had some words with the accused respecting a ring. Ho then went to the accused and tried to take the ring off his hand. Prisoner then picked up an axe (produced) and struck witness over the head with it. The wound on his head was caused by the blow. \V bile he was on the ground prisoner struck him in the face with his fists. Some other Chinese then took pxdsoner away. The wound was dressed at the hospital.—By Mr Chapman : He did not strike prisoner with a shoe in the first instance.—Mei Wah, merchant, carrying on business in Stafford street, stated that he heard quarrelling between prosecutor and prisoner in his house on Sunday night. Shortly afterwards he saw prosecutor with blood on his_ face.—By Mr Chapman :It is an insult in China to strike a man with a shoe. He did not see the prisoner struck with a shoe. The prisoner also had blood on bis face when witness saw him.—A,b Quong, miner, gave evidence regarding the dispute about the ring. Prisoner took up the axe produced, and the prosecutor took off his slipper, and they thereupon struck at each other, the prisoner with the axe and prosecutor with his slipper. He saw tbe prosecutor’s head cut open. At the. time he saw the prosecutor’s bead out the prisoner had the axe in his hand. At this part of the affray the other Chinese came in and separated them.— By Mr Chapman : He saw tbe prosecutor take off’ his slipper and strike the prisoner before the latter took up the axe. The prisoner did not hold the axe up over his head.—Ah Goon dealer, stated that after prosecutor attempted to stake prisoner with a slipper the latter took up the axe with one hand and struck the piosecutor on the head with the back of it.— idergt.-Major Bevan stated that prosecutor called at the police station on Sunday night. Ho was bleeding profusely from a wound on the top of the head on the right side and had the axo now produced in his hand! Thero were marks of blood quite fresh upon it. He said he had been assaulted by a countryman of his. Witness afterwards found prisoner (whom prosecutor identified as the man who uad assaulted him) concealed behind a door in the bedroom of the house of Ah Tong, St. Andrew street, and arrested him. -Hr Yates having deposed to examining p;.i«ecutor’s scalp-wounds ou Sunday evening, Mr Chapman contended that if the case could be considered as proved, it could only be considered in such a mild form that the Bench could deal with it at once, without sending if to the Supreme Court. Prisoner should not be convicted, because the evidence called on behalf of the prosecution only showed Unit unfortunately the axe was the only weapon on which prisoner could lay his bauds in order to defend himself against the blows of the prosecutor. —The case was reduced to a charge of common assault, the only bad element being the using of tbe axe.— Prisoner was committed for trial.