POLICE COURT, ARATAPU.

Wairoa Bell, Volume V, Issue 193, 14 April 1893, Page 5

POLICE COURT, ARATAPU.

Thursday. (Before Messrs T. Webb and A. E. Harding, J’s.P. J. Johnston, A. Johnston, and P. Bartley, were charged with unlawfully assaulting Alexander Lyons. Mr N. A. McLeod appeared for the defence and objected to the charges as incorrectly laid insomuch that they did not state whether they were complaints or informations, also that the informations wore not laid by consent in writing of complainant. Also that they were invalid under the Stauipjs Act 1882 as they being private prosecutions did not bear the stamps on the face of them. A lengthy argument took place between Counsel and police and the Stamp Act was sent for. Badger’s Acts were produced and the Justices decided to go on with the cases, reserving the technical points for after consideration,

The cases were heard together and the prisoners each pleaded “Not Guilty.” Alex Lyons, 14 years recollected 30th March when he was fit Te Kopuru playing football. After football he was lacing his boots and the three defendants laid hold of him. one by the arms, one by the feet, and the other opened his trousers and spat on him. He let them do .it because he could not stop them. He complained to Mr Bradley of their conduct and afterwards to Constable Scott. Cross-examined by Mr McLeod.—lt was not done in fun. He did not sign a paper for Constable Scott till this morning. The assault took place between eight and nine o’clock. He sometimes used bad language but he did not use the words mentioned. Another contention here took place between Counsel and Bench as to the validity of information, after which the Bench decided to go on with the case. Edwin Davidson did not see the defendants lay hold of Lyons. J. Johnston asked him if hC was going to give him six months. Could not recollect what he told Constable Scott. Frank Lawry was close to Lyous when ho was sitting down putting his boots on. Did not see defendants touch Lyons but heard him call out to someone to let him go. Cross-examined. Did not hear Lyons use bad language to defendants. Oeorye Bradley, 13 years old last July, saw Lyons lying on his back and the Joffence committed as stated by Lyons. "Was about two yards away from Lyons. Cross-examined by Mr McLeod.— Henry Alcock was standing near but he did not see M. Sullivan. Have not spoken to Lyons about the case. Thought the assault was iu play ; it has often been done. Sydney Lealourn saw Lyons on his back and Bartley interfering with him, also saw the two Johnstons holding him. Lyons afterwards told him of what they had done Cross-examined. C. Alcock was not present, at the time; Sullivan was. Did not see defendants touching Lyons, but they were kneeling or stooping over him. This closed the prosecution and the Counsel for the defence again addressed the Bench urging the objections already raise 1. The Bench after considerable argument allowed the cases to be withdrawn, without costs. POLICE COURT , DARGAVILLE. A siting of the Police Court was held Dargaville on Tuesday, before Messrs J. M* Dargaville and F Norton, J’s.P, Denis Donovan, James Montgomery, and Patrick Montgomery were each charged with drunkenness. The first named did not appear and was fined 10s, the amount of his bail. The other two were fined 5s each. Hugh McCullough, an old offender, was sentenced to two months imprisonment for being drunk and disorderly. The charges against John Heron and James Logan for being drunk and disorderly or racecourse are to come forward on May 9th next. The case preferred against the Kauri Timber Company by tho Inspector of Factories for breach of the Factories Act fell through on account of the prosecution not being in attendance.