COURTS.

Thames Guardian and Mining Record, Volume I, Issue 108, 13 February 1872, Page 3

COURTS.

POLICE COURT.— Saturday. Before W. Fraser, Esq., B.M. Drunkenness. —George Lee (a maori), Ellen Saidder, Bernard Martin, James Walker, and Julius Anderson were dealt with in the usual manner, for being drunk. Window Breaking.— Ellen Hutchinson was charged with breaking a windowpane, value 2s Gd., the property of J. B. Glasson, of the Glasgow Arms Hotel. Prosecutor deposed that the woman camo to his place tho previous evening in a state of intoxication. He ordered her out, and she took up a glass bottle and threw it right through the window. She was further charged with being drunk. The R.M. fined iier 30s. in addition to the amount of damage done, or in default 30 days’ imprisonment. Shoplifting. Mary Fitzgerald was charged with' stealing on the 10th inst. from the shop of John Cosgravc, Grahamstown, sixteen yards of calico and 9 yards plaid mohair, value 17s lOjd. The accused said she was the worse for drink at the time, and did not know what she was about. —Mr Bullen said she had been here three limes before. —Paul Northey, assistant at Mr Cosgrave’s, identified a piece of calico produced, and also another piece of stuff as being the same that were exposed for sale on Saturday. On that day a lady who was in the shop called his attention to the prisoner, and in consequence of what was said lie gave information to the police.—Constable Brennan deposed to seeing prisoner in the street, on Saturday, carrying a bundle, which lie aenrclied and found the pieces of print now produced. He charged her with stealing them, and she said she had taken them and knew she had done wrong, but if lie could let her go she would not do so again.—Constable Furlong stated that lie knew tlic prisoner, who has been previously convicted. —The prisoner repeated that she was drunk and did not know what she was doing. If the R.M. would let her off tins time she would never trouble him again. The R.M. said, in consideration of it being some time since prisoner was here before he would let her off with a lighter sentence than lie otherwise would have passed, namely—two months’ imprisonment. He considered shopkeepers were much to blame in exposing goods in the manner they did, which offered temptation to weak-minded and dishonest persons. Vagrancy. Thomas Wendovcr was charged under the Vagrant Act, with allowing common prostitutes to frequent his house. Defendant pleaded not guilty. —Detective Murphy staled that tlic accused is the keeper of a howling alley and oyster saloon in Follcn Street. In consequence of complaints made by the neighbours. Witness visited it on the 28th u!t., and there found three common prostitutes, two of whom had been previously convicted, and the the third was Margaret Glen, who was sent to the Industrial School lately. Witness cautioned defendant, who said he would not harbor such characters for the future. lie visited the place again on Saturday, and found several had characters—men and women—there. The defendent said two men from Auckland came to his place on Saturday, and asked if he could find a bed for them and their wives, and lie accommodated them as well as he could.—The R.M. sentenced the accused to two months’ hard labor.

Assault at the Caledonian Mine.— Thomas Radford was charged with asasiulting one James O'llea, ou the Bth of February, and pleaded not guilty.—Mr Lascelles appeared for complainant, who deposed: I live in Granainstown, and on the Btli inst., visited the Caledonian mine between d and 4 o'clock p.m. No objection was made to my visiting the mine. After going over the mine with some other parties 1 came hack to the shaft, and was about to enter the cage when defendant rushed up, and said, “ what have you got in your pockets,” and seized me by the shoulder and searched my vest and trousers’ pockets. 1 remonstrated and pushed him away, when he forcibly threw me back. He did not tell me he was acting by authority. Wc afterwards save the manager and lie made'an excuse that defendant was a Cornishman and rather rough. I told the manager I had no objection to be searched, blit 1 bad an objection to be so roughly handled. My shirt was torn, and also my vest, and my head was hurt. The assault was committed in the dark. 1 should not have objected to being searched in the light if I knew it was by authority. Captain Kit-hards said ho was sorry for what had occurred, and stated that lie had been unwell aud unable to be present, otherwise the

unpleasantness would not have occurred. —Mr Macdonald for defendant cross-ex-amined witness who said, There were 20 other visitors to the mine, and he went to a distance from them during a part of the time. "Witness has no share in the Caledonian hut lias in the Thames. "Was searched after the assault was committed at his own request. Is now a mining speculator but has a been a tobacconist. —R. M. Scott, legal manager, &c., deposed to visiting the Caledonian mine on the Bth inst. Saw O’flea step out of a dark chamber. I prepared to get into the cage to ascend, when a scuffle took place between O’Hea and the defendant, who got crushed up against, the cage. Ilis vest was torn, and lie afterwards showed me a lump on his head. I had no idea that visitors were searched. The defendant used unnecessary violence. I did not understand what was said by defendant. The scuffle took place in the dark.—By the R.M. : I was searched and was asked to be searched before I was searched.—Mr Macdonald said the defendant was acting under instructions, and the extra activity displayed towards Mr O’llea resulted from the latter having taken a private excursion by himself to one part of the mine and then made of to the cage so that defendant evidently thought ho had got his man; tho question was had defendant done anything to bring him within the criminal law. In a civil action the case would be different. The defendant might have acted injudiciously, but lie had done nothing to render himself amenable to the criminal law. lie was acting according to his employer's instructions at a time when his suspicions were aroused. —S. E. Richards, mine-manager of the Caledonian, said he knew nothing of what had occurred below on this occasion from his own knowledge. The defendant is foreman of a shift. He has boen instructed to search people visiting the mine. lie was to search the genoral visitors on Thursdays, which was the visiting day and to do it effectually.—By the R.M.; 1 did not say anything to defendant as to his warning the visitors before searching them. —John McKee, miner, stated that he was present when the assault took place. Haw Mr O’Hea go away by himself, and then come back to go into the shaft. The “ Boss ” (defendant) said lie wanted to “ rub him down ” iirst. The defendant said what’s that for? The “Boss” said it was to see if Mr o’llca had any specimens about him. O’llea objected to be searched, and laids his hands on the Boss’ shoulder and a scuffle then took place. Knows what “ rubbing down ” is. It is a superficial kind of search. It lias been "often applied to witness himself. — Edward Quinn gave a similar version of what occurred. —Felix O’Connor, miner, was also examined to the same effect.— The R.M. said there could he no doubt defendant had exceeded his instructions, and that Mr O’Hca met with rough treatment, but as defendant considered lie was acting in the matter in the execution of his duty, a moderate fine only would be imposed. The R.M. thought if the Caledonian Company permitted visitors to go over the mine, they ought to take care that those visitors were not abused. Moreover they should have in on to carry out their orders who could speak good English, for visitors were not to be expected to understand all mining slang ; but, perhaps, it would be better if visitors were not admitted to the mine at all, and then there would bo an end to the difficulty. The defendant was fined 20s, and costs. —The defendant in addressing the Bench said, he was not a Covnishman, Iml, a native of Devonshire, and could speak as good English as any man.—The R.M. said, perhaps defendant kept his good English for the surface of the g’oiind.—The defendant said he wished to make a statement, but the R.M. said the case was closed, and defendant had been heard by counsel, therefore the R.M. must decline to hear any more.—The line was immediately paid.