Police Intelligence.

New Zealand Mail, Issue 226, 8 January 1876, Page 20

Police Intelligence.

RESIDENT MAGISTRATE’S COURT. Monday, January 3. (Before J. C. Crawford, Esq., R.M.) DRUNKENNESS. William Potter was charged with being drunk and incapable, and was fined. Ellen McCormick was charged with a similar offence. The arresting constable stated that defendant had been found in a pool of water on the 31st ult. Defendant admitted she had been drunk, but said it would be the last time. His Worship inflicted a mitigated penalty of 55., or twenty-four hours’ imprisonment. ROWDYISM. Owen O’Rorke was charged with being drunk and disorderly, and creating a disturbance on the Basin Reserve on Saturday last. Constable Davey deposed that defendant was making a great disturbance on the ground, and resisted the authority of the police, kicking one of them on the head. Inspector Atchison deposed that the prisoner had been very violent, and had enlisted the sympathy of a mob that had collected round him, and had it not been that a number of gentleman took the part of the police the consequences might have been serious. Sergeant Monaghan gave corroborative evidence. His Worship committed defendant to gaol for six calendar months. KNOWINGLY A VAGRANT. William Taylor was charged with vagrancy. In reply, he said, “I won’t deny it your Worship.” It’s no use having an argument about it. His Worship was of a like opinion, and sentenced the acquiescent delinquint to one month’s imprisonment. AN UNMANLY ACT. George Leonards was charged-with assaulting Mary Ferguson. Prisoner pleaded not guilty. It appeared that on Thursday last prisoner came on board a hulk in chargeof complainant’s husband, and most grossly abused the woman, swearing at and endeavoring to strike her. A fine of 40s. was imposed, in default of payment seven days’ imprisonment. Prisoner was also fined 10s., or forty-eight hours’ imprisonment, on a separate charge of drunkenness. LARCENY. Benjamin Sharp and Michael Price were charged with stealing a watch and one steel chain from Peter Ford on the 29th December. Both prisoners pleaded guilty; Price saying he was drunk at the time and did not know what he was doing. Peter Ford deposed that he missed his watch on Thursday. It had been hanging up on the wall of his room. That was the watch (produced) ; it was worth £5. A young man swore to buying the watch from prisoners for 30s. Detective Farrell deposed to arresting prisoners on the cricket ground. His Worship committed both prisoners to gaol for six calendar months. OPPOSING THE POLICE. David A. Brodie was charged with a breach of the Assaults upon Constables Act, by inciting a crowd to rescue a man arrested by the police in the discharge of their duty on the Caledonian Ground.

Mr. Buckley appeared for the defendant. Detective James Farrell deposed that he saw the police arresting a man on the Caledonian ground and a mob hooting them. Witness went to assist the police. Defendant was among the crowd, exciting the mob by calling out “ Don’t let them take him,” and calling them “ dirty dogs,” and otherwise abusing them. By Mr. Buckley: First saw prisoner between six and half-past six o’clock. Never told a person named Evans that he had warned defendant two or three times during the day. Witness did not tumble or abuse the man who had caused the row.

F. McCarthy deposed that he had been present on the occasion in question. Saw prisoner, and heard Farrell warn prisoner not to excite the mob to resistance. Did not observe that any more violence than necessary was used by the police in arresting the man, who had been fighting. Inspector Atchison deposed that prisoner’s conduct had been such as to induce him (witness) to arrest him. Prisoner resisted, but witless obtained assistance and ran him in. This closed the case for the prosecution. Mr. Buckley opened his case by saying this was evidently a case of mistaken identity, the defendant being a man of irreproachable character. He then called

Henry Evans, who, being sworn, said he saw the crowd spoken of. Saw Mr. Atchison arresting the prisoner, and some little time after said that he was surprised to see him arresting a man whom he (witness) knew to be eminently respectable. Witness only knew that prisoner, so far as he was aware, was most inoffensive and quiet. Henry Bowler deposed that he was on the Caledonian Ground on Saturday. Saw the defendant a few minutes before he was arrested. Did not see him hooting and yelling. Had he done so, witness must have heard him. By Mr. Atchison : Saw him down at the bottom of the hill. I was on the hill. Wm. Isherwood testified to defendant being a steady man. Prisoner and witness arrived on the Caledonian Ground at about 4 o’clock. Defendant was sober, only having had two glasses of ale before arriving on the ground. Witness left prisoner after arriving on the ground for a few minutes, and when he came back prisoner was gone. Went immediately to the lock-up, and there ascertained that bail would not be allowed. Arthur Botham also spoke to the general good character of the defendant. This concluded the case for defendant. Mr. Buckley addressed the Court to show that some mistake had arisen in the minds of

the police. He had no doubt that Detective Farrell was in error, and that when spoken to by him the prisoner had resented it, as many another might do without intending to commit a serious breach of the law. The evidence as to the character of defendant spoke strongly in his favor.

His Worship said the Bench regretted to see a man who bore so respectable a character up on a charge of this kind ; but it was indisposed to take a serious view of the matter, thinking that a person who bore so good a character must have been led away in a moment of thoughtlessness to act as he had done. At the same time the Bench must consider the case proved, as it had been sworn to by several creditable witnesses. He thought the case would be met by imposing a fine of 405., or in case of default seven days’ imprisonment. A DESERTER. John Jordan pleaded guilty to deserting from H.M.S. Dido, and was ordered to be detained. FEMALE DIFFERENCES. Ellen Porter was charged with assaulting Mary Ann Hutchings. The particulars (or generalities) of this case were very amusing, inasmuch as it was found totally impossible to discover what the nature of the offence had been. But as it could not have been very terrible, his Worship dismissed the case. THE HUTT OUTRAGE. Frantz Smat was brought up on remand charged with attempted murder. The court was crowded, so much so that the doors had to be locked to keep the people who were outside from trying to enter. The charge was read over, and the depositions already taken were read. The Court then adjourned to the Hospital, in order to take Reidal’s evidence.

His Worship J. C. Crawford, Esq., and Colonel Reader, J.P., proceeded to the Hospital. Smat was also taken there, to be present while Reidal was being examined. William Reidal was sworn, being quite sensible, and deposed : I know the prisoner. I was working for Mr. McKirdy. Smat was living in the same hut with me. It was on Sunday week I got to know the prisoner. At two o’clock in the afternoon, we all went over to the public-house. We were at the Mungaroa Hotel up to 7 o’clock on the same evening, the hotel being about three miles and a half from our hut. We were drinking there. We went home together. Ido not remember what happened after. It was very dark. I could not see anybody. The prisoner was asked if he wished to put any questions to the witness. He replied no, saying he simply wished that Reidal should speak the truth.

This being all that could be got out of Reidal, who was in an exceedingly low state, his Worship and attending officers adjourned. At half-past one o’clock Smat was again brought up at the Resident Magistrate’s Court, the witnesses from the Upper Hutt having arrived, and the following evidence was taken, Mr. Knigge acting as interpreter :

Wm. Theis deposed : I am a baker by trade, and am now working for McKirdy, Upper Hutt. There are fifteen bunks in the whare, a table in the centre with seats each side. The prisoner was one of those living in the whare. I have been there nine weeks, and prisoner was there when I came. On Sunday week, and the day before, prisoner was engaged cooking for the mess. I remember the 26th of December. A visitor came to see the prisoner—his name was Harry Young. He came after one o’clock. He asked for the gardener. Smat had been for a pail of water, and when he came back Young saw him. Prisoner offered to shake hands with him. Young did not shake hands, but said “I want the £9 you stole from me.” They were talking some time, and got excited, Young eventually striking the prisoner in the chest. I told them not to fight, and Young then had some dinner. After finishing, Young went to the public-house, accompanied by Reidal and myself. It was the Criterion Hotel. Prisoner made his appearance with Kolet at the hotel. Prisoner came in and went back again, and then Reidal .and Young went out. Young returned, and a few minutes after that prisoner came in. Young showed me a Post-office Savings Bank book, with prisoner’s name in it, as having £8 to his credit. We then had some beer, Young standing treat. Young and the prisoner had some conversation with respect to the money. The language was occasionally German and broken English. I could understand both prisoner and Harry Young. We had two drinks, but no more, Young shouting each time. About half-past five we all went home to tea. About an hour after tea we went back to the public-house again. Prisoner, Reidal, Young, Kolet, and myself all went to the hotel together. Prisoner paid for “ shouts” four times. I had four drinks. Prisoner was talking to Young in a friendly way about the money. He said “ Don’t say anything about it ; don’t tell the Danes or Englishmen, but keep it quiet, and I will square it.” We left about half-past ten o’clock. Kolet walked first, Smat, Young, and myself next, Young walking in the middle. Kolet entered by the kitchen, and opening the door, all of us went in. Prisoner stood beside his bed, when he went outside again. His bunk was the second on the righthand side. Young was standing at my bunk. He was preparing to go to bed. Kolet also stopped inside. Kolet came out and said to Reidal and myself, “ Come in and go to bed.” We did not go in. Kolet had no sooner said these words, than he was struck by the prisoner, and I heard him call out “ Philip has got an axe.” I saw Young come to the door, just as he had reached which, ! saw prisoner strike him on the right shoulder. I could not tell at the time what the instrument was he struck him with. It was dark and raining. Young retreated. Prisoner said as he struck Young, “ I’ll pay you the nine pounds now.”

Prisoner then came towards Eeidal and me. We were a couple of yards from the corner. Eeidal was on my left side. I saw prisoner come up and strike Eeidal. I could not tell with what. I then came towards the doorway, and prisoner turned round to me. I think he was about to make a blow at me, and I saw an axe in his hand. He was holding it with both hands over his head. I went round the right-hand corner of the whare. Prisoner did not follow me. He turned back, and went towards Eeidal. I saw him strike Eeidal twice again, and heard several blows. It seemed to me than some of the bones were crushing. I heard Eeidal groaning. I went in through the kitchen, and Kolet stood with a shovel in his hand while I dragged in Eeidal, who was frightfully cut. Paul was not one of our party. He was discovered at about a quarter past four on the morning of the 27th December, cut x'ight across the head. There was a full-sized axe in the whare for the use of the cook. It has been missing since the above occurrence. Up to the time we arrived at the whare, there had been no angry words between any of us. Edward Burge deposed : I am cook at the whare, in McKirdy’s employ. I remember Sunday week. On Friday evening I made an arrangement with prisoner to cook for me on Saturday and Sunday. I was to pay him 12s. for the two days. I paid him on Sunday evening. When I left there was an axe outside the whare door. I did not find it when I came back, nor have I found it since. I was in the whare when the assault took place. I was in my bunk, and saw Young go out of the whare and come in again, and on getting up I saw that he was cut. Eeidal came in next. I discovered Paul on the main road about sixty feet from the whare. He was staggering like a drunken man, when I went up to him, and I saw he was cut across the head. He was not bleeding, as the blood from the wound had become congealed. Paul lived in a tent about fifty yards from the whare. He lived with a mate.

Michael Kolet deposed that he worked for McKirdy, and knew the prisoner. His evidence was simply corroborative of that given by Theis. When he (witness) came out of the door after coming home the last time, prisoner struck him with an axe on the head. He retreated on being struck, and said, “ Philip (meaning the prisoner) has struck me with an axe.” At this witness and the others went towards the door, and witness remembered nothing more. This being all the evidence at present in the possession of the police, Inspector Atchison asked for a remand till Monday next. Eemand granted.

Tuesday, January 4. (Before J. C. Crawford, Esq., E.M.) DRUNKENNESS. John Fitzpatrick was fined 10s. and costs for being drunk and disorderly. Alexander Eoc and George Plardy were each convicted of having been drunk and incapable on the previous night, and were fined ss. and costs, with the alternative of twenty-four hours’ imprisonment. Sarah James was charged with drunkenness and vagrancy. The case was not of an aggravated class, and as defendant had been once or twice remanded, thus being to a certain degree, punished already, the Magistrate dismissed her with a caution. Louis Saboty, charged with being drunk and disorderly and resisting the police, was remanded till Thursday, for further evidence. ASSAULT CASES. George Pudney was brought up on a charge of assaulting one Thomas Eowell. Defendant made no appearance, and the case was struck out. Jane Ashbridge was called to answer a charge of assaulting her daughter Jane Ashbridere. Defendant did not appear, and a warrant for her apprehension was ordered to ssue. BREACH OF PEACE. William Clout was charged with having committed a breach of the peace by fighting in a public place. Additional evidence being requisite, the application of Sergeant Monaghan for a remand till Thursday was granted. THEFT. John Colville was charged with stealing a certain sum of money—between £3 and £5 — from the person of one William Young. The evidence of the prosecutor was to the effect that he was intoxicated in a room in Orr’s boarding-house. He felt prisoner fumbling at his pockets, but was too overcome by the liquor to resist. After hearing the evidence of this witness the case was adjourned till Monday, when other testimony will be forthcoming. CIVIL SIDE. There were seven cases on the list, but only one was heard, namely, Stratford v. Clayton, a claim for £Z 16s. 2d.; judgment was given for £2 16s. 2d. and costs. The remaining cases were in different ways settled amicably.