Saturday, 25th April

Southland Times, Volume I, Issue 49, 28 April 1863, Page 2

Saturday, 25th April

Unsound Mind. — H. Hector was brought up for examination as to his sanity. Remanded for medical evidence.

Monday, 27th April. Very Like a Lunatic. — William Andrew was brought up for examination as to being of unsound mind. A constable deposed that between 1 and 2 o'clock on Sunday morning lie saw the prisoner in Deveron-street, with a light in his hand. Witness afterwards lollowed him through several streets to Taystreet, where he stopped prisoner, and asked him where he lived, when prisoner said he had no home. After some further talk, prisoner drew a large sheath knife and made a plunge with it at witness, who seized and held him till assistance arrived. Prisoner at the time was in an excited state. He was remanded for medical examination.

" Sticking Up " a Constable. — William Jackson was charged with stealing a bank cheque for £12 19s. from the person of Michl. Walsh. Prosecutor stated that he was lately in the Invercargill police force, but had now left it. He was coming down lielvin-street early on Sunday morning last. When near Tay-street he suddenly ci c >untered prisoner, who threw his arms round him and searched his pockets. He had in the outside pocket a cheque for £12 195., and some papers of no value. Managi d to hold the prisoner till a sergeant of police came up, and took him^ to the lock-up, where he was searched. Nothing being found on him, prosecutor and th« sergeant went back to the place where the attack took place, and they found the cheque lying on the road. By the prisoner : You asked me to let you go, and stop the cheque at the bank. By the Court: I was sober at the time. His Worship: Do you mean to say that you. were sober, yet allowed that man to stop you— an ex-policeman — to search your pockets? Prosecutor : He came upon me so suddenly I could not prevent him. In reply to other questions, prosecutor would :t swear he had not seen prisoner before, or that he was not drinking with him. Sergt. Purdy deposed to the apprehension of prisener. Both parties were under the influence of liquor at the time. The prosecutor was the worse of the two. Prisoner was remanded till next day. Sunday Occupation. — John Kerr was accused of being drunk in Clyde-street on Sunday night, and creating a disturbance at the Victoria Hotel. He '• supposed it was true," and was fined in 20s, or 48 hours' imprisonment. Wm. Smith, who had been along with Kerr, was charged with the same offence. He pleaded not guilty ; but, after evidence had been heard, he was found guilty, and the same penalty imposed. His Worship remarked that if he could visit the offence more severely he would do so. Importing Diseased Sheep. -Angus Cai roeron was charged with a breach of the Sheep Ordinance, inasmuch as he had in his possession, or under his charge, about 4,500 sheep afflicted with the disease called "scab." Defendant pleaded non-liability. Mr Hately, sheep inspector for the Bluff district, stated that defendant was agent for the above number of sheep, which were landed from the Blue Jacket on. the 6th or 7th April, and

on the Uth or 12th prosecutor fouaj they were scabby. The Bench here * out to^prosecotor that the mformatio laid on the 20tb, and he must prove th sheep were diseased then. Pros, said he jij not examine- the on th c 20th, but tfiey were t a few days previously, and he would positively they were scabby now. The again remarked that this sort of c* could jj^' fe e taken, and defendant^ h to ssacv c time consented to the date in t f ° rm jHion being, altered. After consd« the Bench considered this irregular a$ m i s Sad the case, reserving to prosecun Sht of bringing a fresh action. '

A Constable cbargei> ththa Cm Assault. — Walter C. Wilson, police cons in the InvercargiU force, was placed \ dock and charg;d with* having, on the instant, violently assaulted Mary Porson with a criminal intent, Mr ]j appeared on behalf of prisoner.

Mary Ann Forson on being- sworn dk On Monday the 20th inst.,- between nu t-n at night, I was at the Victoria St Dee-street. I saw the prisoner stsandi; on the street. He 100 V.ed very hard i and I asked him if he thought I was ste He 3aid no, but he wondered who it standing over there. He asked if I w afraid some one would give me a sly 1 the dark. I said no. Lie followed me White's store at the corner of Don-st. he caught hold of me and put his hat my clothes. I told him?! would repoi and after struggling a little I got away,

Cross examined by Mr Harrey. — Tlie ni* dark. I could see tire prisoner qiiite plan did cot know him previously. I knew his from the Sergeant calling him by it. Hed attempt to detain me roughly, and eScE not throw me down.

Mr Harvey — The long ansi the short oi he asked you for a kiss? Witness assented.

By the Bench — I was at the Victoria si pay some money. Saw no light in the about. lib was not so dark but I could s prisoner's face and him staring at me. Itj him because I was frightened. I cannot te When he seized me I did uot cry out ba was frightened at him. He told me no afraid — he would not kurt me. When Igc from him I went across to a store opposite there was a light. This was in Don-street, two men in the store, and asked them for tion. Afterwards I went home and ti mother. I have seen the prisoner befoi never spoke to him. (Witness who appe, intelligent girl of 15 or 16, gave her ci with considerable diffidence and reluctance.

Mr Osborne, storekeeper, I>on-street, dep previous witness- coming to his store snort fore ten o'clock on the night of Monday She was wring and appeared to be verj frightened . Shesaid a man- had been taking i liberties with her. I sent my young man see who it was, and during his absence si me it was a policeman. He returned t seeing any one*, and I sent him home n woman. The night was very dark, and I think yon could see a man's face three ya

Sergeant Chapman deposed to prisoner told off for the Dee-street beat on, the a question.

Mr&Porsons- was next examined. Her eh came home on- th& night of the 20th, minutes to ten o'clock. She was vert frightened and agitated j.she said that a po' had attempted Ut take liberties with her. znation was not given- to the authori once because the weather was- so bbard r could not get out. At the police barrai daughter at ou-ce identified the prisoner.

This concluded the evidence, and the thought the psirfc of the charge, " assaii intent " might be- ptzfe aside.

Mr Harvey contended that the- assau! no farther than attempting to kiss tt He thought it a very silly proceeding frc to last, and the case ought to- be dismiss

His Worship had sk> dc-iibt that wm said by the girl was correct- The only d ration with him was whether to- deal wl| case summarily or commit the priso* trial.

Inspector Weldon said the prisoner li4< an excellent character up to this aflair.

His Worship, after commenting seve; the nature of the offence, especially wht mitted by a constable, whoy instead o! the assailant ought to be the guardian,.! larly of females, sentenced th& prisoner months' imprisonment with hard labor.

CIVIL CASES,

King v. Watson.— Claim of £17 forrte and erection of two beer engines in the \ Hotel. Defendant disputed the item of fitting up the engines, and the case n manded for further evidence.

Absolom v. Clarke. — Claim for compe for alleged breach of contract. Mr i appeared for plaintiff and Mr Russi defendant. Plaintiff produced a contract by defendant's son. by which it was agre on payment of 20s weekly plaintiff shoul the tripe and feet of all the animals ki defendant. This contract, it was ayern been broken by defendant dealing with i party. In defence it. was alleged that t had no authority to sign such a contrac on the day plaintiff got possession of it nothing of it to defendant personal entered into a verbal agreement " to h tripe and feet at 3s per animal, and that dant knew nothing of the written do until he was summoned into court, lengthened hearing plaintiff was nonsuit