POLICE COURT.—Friday.

Auckland Star, Volume I, Issue 119, 27 May 1870, Page 2

POLICE COURT.—Friday.

(Before T. Ritchie, Esq., A. Buckland, Esq., and W. T. Buckland, Esq., J.P.'s.) DRUNKENNESS. John and Dennis Boyle were fined 5s and costs, or 24 hours- imprisonment. A.' Macky was also fined in a similar amount for the same offence; breach of the merchant shipping Ad_, 1854. Henry Blaygr.ove was charged by A. Spencer with wilful disobedience to lawful commands on board the ship Inflexible, on the 26th of May. Mr. Joy, LL.B., appeared for the accused, and asked the Bench to adjourn the case for an hour or two in order to get witnesses from the ship to establish a defence. The case was then put at the bottom of the list. John Ross and James BeU were charged with a similar offence by being absent without leave from the p.s- Comerang, ou May 26. Both prisoners pleaded guilty; W. J. Hurst appeared on behalf of the captain, and asked that the men might not be j severely dealt with. He was agent for the vessel, and as the captain had sailed last night he could not now be present. The Bench discharged the prisoners. threatening language. John Fowler was charged by John Napier wfth threatening to take his life by putting a knife into him. Prisoner pleaded not guilty. John Napier, sworn, deposed : I am a blacksmith, but at present I sell fruit. I know tbe defendant. On Wednesday evening, at the corner of Shortland-street, he saw me, and called me a rogue and a blackguard, and said he would stick me with a knife before Saturday night. He repeated this threat three or four times. lam positively afraid he will do me harm, and pray this Bench to protect me. By defendant: You did threaten to take my life. By the Bench: He has threatened me several times at the corner of Shortland-street. Tbe defendant called Michael Burke, who, sworn, deposed: I was present when you were shifting your boxes. I did not hear you threaten the prosecutor at all. I was present all the time. The Bench bound the prisoner over iv his own recognizances in the sum of £10 to keep the peace for 3 months. LUNACY. Thomas Adams, a man of colour, was, on the medical testimony of Drs. Kenderdine aud Kennedy, committed to the Lunatic Asylum, being of unsound mind, and not a fit subject to be at large. The Court adjourned until 12 o'clock, and on resuming, the charge against A. Blaykgrove ' was called on. Mr. Joy appeared for the defendant. Henry Spencer, sworn, deposed : I am chief officer of the ship Inflexible now lying at the Queen-street wbarf. The prisoner is an A. B. seaman on board the same vessel. The articles produced are those of the ship. Yesterday afternoon at 2 I went to turn the hands to, when the prisoner said he was going to work no more. I repeated my orders to him and on his again refusing, reported his conduct to the captain. He positively refused to turn out to work on two occasions.

By Mr. Joy : The captain wrote the entry and I signed it. The captain is not present. He is indispose. It is usual for the captain to make all entries in the book. The captain was not present when I ordered bim to work the first time. The captain had previously been talking to the prisoner. I was. The conversation between the captain and the prisoner was commenced by the former. He asked the prisoner what he meant by s wearing I was drunk. Two men were prcent and are now in Court. The captain charged the prisoner with perjury. An hour after this the prisoner refused to work. He was drunk when I ordered him to work. The charge of drunkenness waa not entered into the book. The captain had neglected to do it. It is the usual course to order a man to work, drunk or sober, or send him ashore and give kirn in charge. By the Bench : I ordered the man down to the hold ;he replied, " I'll do no more. 1' He has never refused to work before.

Edward Harnett, sworn, deposed : I am a water policeman. I was on board the Inflexible at about 2 o'clock. The captain ordered him to work ; he refused, and he was given into charge. By Mr. Joy : I was sent for by the captain. No word was said to me of the prisoner being drunk ; I considered him perfectly sober. He did not use any bad languago to either the captain or chief officer. The prisoner came along very quietly with me. John Pearsen, sworn, deposed : I amsecond officer of the Inflexible. I was not present when the mate ordered tbe prisoner to work. By Mr. Joy : The captain certainly implied that the prisoner perjured himself the day before. The prisoner was not drunk in my estimation. I have come here on behalf of tbe captain. This closed the case for the prosecution.

Mr. Joy addressed the Bench for the- prisoner, and asked the Bench to dismiss the case as a malicious prosecution, as the principal witness, viz., the chief officer's evidence, had not at aU been corroborated by that of the other witnesses.

For the defence, Mr. Joy called David Williams, sworn, deposed: lam a seaman on board the Inflexible. I was in company with the prisoner on board yesterday. He came on board at a quarter to one, and put his clothing away, and prepared for his dinner. He was perfectly sober. He used no bad language, or misbehaved himself in any way, to either the captain or the chief officer. The captain accused the prisoner of swearing a false oath, he called him a scoundrel and a blackguard. I heard him.

Peter Kelling sworn, deposed: I am A.B. seaman on board the ' Inflexible. I went with the prisoner from the ship to the Court. He could not have had anything to drink unless he had got it in the Court. He got none going back. He was perfectly sober. I heard the mate ask him if he was going to turn to. The captain sent for us all to the cabin. The prisoner behaved^ respectfully to the captain. The captain told the prisoner he had sworn a false oath in the.Police Court. He (the prisoner) in no way insulted the captain. The captain was very angry when he addressed the prisoner. He called bim a rascal.

This closed the case for the defence. Mr. Joy said that, if the Bench desired it,

he would make a few remarks; butthe^R^^ not requiring it, gave judgment tfcat fl*3f obedience to orders bad been el' jirly T Ws" but taking into consideration theWovoeTr 6*' they would sentence the prisoner to 24 C ' imprisonment from the time hit Was jSPf into custody yesterday, at 2.30. J ■" The Com-t then rose; j