POLICE COURT.—THURSDAY.

Auckland Star, Volume I, Issue 196, 25 August 1870, Page 2

POLICE COURT.—THURSDAY.

[Before J. Naughton and G-. Wynyard, Justices.] MEBCHAKT SHIPPING ACT.—ASSAULT.

L. Vinck was charged by W. Porter with having assaulted him on board the Sydenham, on the 23rd instant.

Mr. Bennett for the defence.

W. Porfer, deposed : I am second mate of the Sjdenham, lying at the port of Auckland. Defendant is an articled seaman. I went down into the hold about Miree o'clock of the 23rd, and finding only a few men I went on deck and met defendant coming aft. Asked him what had become of Love; he told me he was in the hold. Pound Lore in the forecastle. Asked defendant why he had told me a lie. When I went to the hold he commenced abusing*me; and when I was taking off my coat to go to work, he struck me in thej mouth,

and knocked me over on a box. He got on top of me. When he got up and was rushing at me again I struck him, threw him down, and kept him down. When down he held me by the whiskers. I called the carpenter to relieve me. He was drunk at the time.'

To Mr. Bennett : Told defendant he had told me a lie. I swear I did not strike him first.

To the Bench : Perhaps he was misled by my act of taking off my coat. R. Meldrum : I am carpenter on the Sydenham. Deposed they were both in grips when I separated them. Did not see the commencement of the fight. M. Maskell deposed to having seen the quarrel, but not the beginning of it. For the defence, Wallace Bell deposed that he heard them "growling" and then went below, but he saw no blows struck.

Sentenced to one week's imprisonment with hard labor.

APPLICATION TO ADMIT TO BAIL,

Mr. Hesketh applied to the Bench to admit to bail Mrs. Connor, who had been committed on Coroner's warrant to take her trial at the Supreme Court, in December, for manslaughter of Morissy, at Onehunga. Referred to the Coroner for his endorsement of consent. BEEACH OF MUNICIPAL POLICE ACT. F. Somers was charged by T. Dalton with not driving on the proper or right hand side of the road when passing the bus of prosecutor, going in the same direction, on Saturday last. Mr. Joy for the prosecution, Mr. Leary for the defence. T. Dalton deposed : I reside at Onehunga ; I drive an omnibus to that place. Somers was driving a bus belonging to Mr. Hardington about 4 p.m. on Saturday last, on the Karangahape Road, between Queen and Sy-monds-streets. I was driving my 'bus, having three or four passengers. Saw Somers' 'bus, which had passengers also. We were both going to Onehunga. I was ahead of him at the turning of Queen-street, driving on my proper side at a gentle trot. He tlien drove past me. I tried to pass him in Upper Symonds-street. I got near him as he had slackened his speed; he then deliberately " slewed" his horses round and ran across into me, had he not done so, there was abundant room for me to pass; he ran into my near side horse ; I was trying to pass, leaving his vehicle on my left. I was driving slowly.

To Mr. Leary: I was trotting, not galloping, when passing him. To the Bench : It was between the Jews > burying-ground and the mud house. J. Scottor deposed to having seen Dalton trying to pas 3 Somers, and being prevented by Somers passing across from left to right. Dalton was driving slowly. Saw Somers strike back with the whip. W. Philson (son of Dr. Philson) deposed to having been in a bus, ahead of the two buses, and seen the circumstance as it occurred, corroborating the previous evidence. John Hill, a passenger on Dalton's bus, corroborated the previous statement, aud deposed to Somers' bus, having struck Dalton's horns and put them into the gutter. There were no drays ahead. • For the defence, T. Cleghom deposed : Was riding on the front of defendant's 'bus. Complainant jammed us into the rail of the bridge in Upper Queen-street, and afterwards kept moving his whip, to prevent us re^passing. On the occasion complained of, if a collision had occurred I must have seen it, but did not.

To Mr. Joy: From the top of Upper Queen-street to Epsom, Dalton never passed defendant till we came to Epsom. Dalton's horses were never abreast of Somers' 'bus in Karangahape Road R. Browning, clerk to Mr. McKcchnie, deposed : I wa3 in Hardington's 'bus, looking out behind. Saw the 'bus go very near Dalton's horses.

To Mr. Joy: I could not swear they did not touch ; the heads of the horses were up to the first wheels of our 'bus.

The Bench considered that the evidence did not bear out the information for " passing on the right-hand side," and, after administering a very strong caution and warning to both drivers, dismissed the case, both parties to pay their own costs.

The Court then rose,