POLICE COURT.—This Day.

Auckland Star, Volume V, Issue 1393, 29 July 1874, Page 2

POLICE COURT.—This Day.

(Before Thos. Beckham, Esq., R.M.) KTTM A.ND POLITICS. John George was fined 10s; Joseph Clark, who had been twenty years in the colony, was fined 10s ; and Andrew Heavy forfeited his bail for being drunk yesterday. The defendants had been to the election, and had taken rum, which together with politics had strangely disordered their nature. "NOT DRUNK, YOUR WORSHIP." Henry Smith, a determined-looking seaman, was charged with being drunk on board the Hylton Castle. Prisoner said "I was not drunk, your Worship." , , „ Hi» Worship : Were you drunk or not ? Prisoner: No, your Worship. The captain r/ave me in charge for doing your duty. His Worship : Indeed, that is something very remarkable. If you can bring a witness to shew that you were not drunk you shall immediately be discharged. Constable Mulville proved that prisoner -n as in a state of drunkenness. The captain also stated that prisoner had been drunk contioully ever since he had been in this port. Fined 20?, or 48 hours' imprisonnment. SEA. AKD LAND, HEIGH 0 ! George Graham, a native of the Highlands, was'chanred with deserting from the British ba'ciu- Hylton Castle, on the 18th April last. Prisoner pleaded guilty, he was anxious to s<=e what the land was like. He was sick and tired of the sea ; he was a great admirer of the beauties of nature. ( Captain Scott said that prisoner had been a grpnt trouble to him for some time past, and wa« continually escaping to land. His Worship convinced prisoner that such proceedings could not be permitted, and sentenced' him to three months' imprisonment. JEMMY FARRELL'S TKICKS. James" Farrell was charged with assaulting George Joseclyne with a tomahawk on the 26th July, and doing him grievous bodily harm on board the brig Syren, in Auckland harbour. George Joseclyne, an immigrant by the Miltiades, deposed that on coming on shore he met prisoner in Queen-street, who,, appearing to be a jolly sort, invited him to take coffee with him. He went -with him accordingly and had a-cup of mocha of the street vender. This was all very good, and he paid for the coffee. They nest got a bottle of brandy, which did all the micchief. They met with a nice young lady, and all three went together to the Syren, where the living syren charmed them with two or three songs, and helped them to diminish thn brandy. They were overcome, and the larly retired with him to prisoner's bunk, where they fell asleep. He was awoke by prisoner, who wanted to fight, and they had a round up above. As he was likely to be bested he rushed up the companion ladder, when prisoner aimed blows at him with a tomahawk, and cut through his trousers, and injured his great toe. He went and had his toe dressed. His Worship remarked that immigration waß making a melancholy addition to the community, and it would be well if the Government would send a few thousand back. The prisoner was angry because he would not go and leave the woman behind. Of course he would not do that.

M i Laishlcy, who appeared for the prisoner, had no question to ask. Maria GoMie, a modest-looking woman dressed in mourning, came out by the Miltiacles. She remember Saturday evening last, when she was in company with prosecutor, an old shipmate. His Worship : You say you are a married woman. Where is your husband ?

Witness : Iv Court, sir. His Worship : He must be highly gratified at what he heard.

Witness continued : She had something to drink with prosecutor, and went to the Syren with him and sat down in the bunk. Prisoner oame to the side of the berth and wanted to take advantage of her, when the row began. She screamed, when Joscelyne woke, and the two men had a sharp set-to. She tried to escape, but could not get out. She aat down at the foot of the stairs and wept over the scene. She saw prisoner strike Jocelyne three times with the tomahawk. Joscelyne then went and got his toe dressed. Detective Ternahan gave evidence as to his arresting the prisoner on the charge of wounding prosecutor with a tomahawk. He made nu reply. He produced the tomahawk. Dr Arnott, surgeon on board the Queen of Nation?, deposed to prosecutors wounds. He found three wounds on the shins, which had been cut through the trousers, and a wound on the toe, such as ajtomahawk'would cause.

To Mr Laishley: The wounds were not serious, but superficial; they might be healed in a fortnight. Mr Laishley addressed the Court,* and said that it was not a case to be sent to a higher Court as no jury would convict. There were faults on both sides, and the wound 3 were evidently of a trivial nature. He would therefore submit that the present information be withdrawn, and laid under the 39th section of the Justice of the Peace Act, as a common assault, as it was not shewn that prisoner had committed an indictable offence.

His Worship said that if the depositions warranted a committal there was no avoiding it. He regretted to say that these offences were becoming too prevalent, and should Jbe dealt with severely. He considered that the Courq. would not be doing its duty to the pub lie if it did not commit him.

Mr Laishley said that the captain was in Court, and was prepared to go into the witness-box, and speak in favor of prisoner'e character. He would also tako the prisoner to sea if such a course were possible.

His Worship suggested that the captain should take the prosecutor and woman as well for the benefit of the colony. Mr Brobam remarked that it wonld be a consummation devoutly to be wished.

The captain shook his head with a solemn air. He could not be responsible for female sailors. He spoke in favour of prisoner, who had been steward on board his vessel, and was a most inoffensive man. The depositions of the witnesses were then read over, and the prisoner committed for trial at the next criminal sittings of the Supreme Court. The Shooting Case. Alexander H. Finlay again appeared on a charge of attempting to murder Henry Davidson on the 25th July in Queen-street, Auckland, by firing two bullets at him from a revolver. Mr Joy asked that his Worship would see the prisoner in the presence of Drs Goldsbro' and Stockwell, as it waa considered that prisoner was mad. His Worship said lit would be very difficult for Mm to day who was or who was not mad, Xhere were many degreei of niadneag

He saw men in Court almost every day «, i appeared to be mad. Drunkards were m^ ■ Mr Joy : According to Horace all i are mad. |, A voice in Court: And the -vnrld is Oft great lunatic asylum. Ba |^ Mr Joy appeared for the accused. Henry Davidson, clerk to Mr Y^ butcher, deposed that prUtew^syp^fr was sitting at the desk, befc^ ttc^ Wmt J 1 five o'clock in the evening, wittt u.Ab^ S the window when he was alarmedA^ report of firearms from behind. B.^h^ | his head to the right and observed /JM^ standing outside with a revolver i<j|3iij when something flew across his -Wey^ *• blinded him for a second. !••#& '. then said, "Get out of the IV |> I instantly got down behind as ffltone, V in the shep. Prisoner proceeded P ftmj« corner door into the shop witbJ in his hand. He was then in ; V|g^ room. Prisoner looked srr , -iy towards him and put the pistol into the case and wen* | towards Cook-street. He then called & constable and directed him to take prisoner in charge. He. found the bullets, \ which had pplintered the board he found o« the desk, and the other lodged in the w^ opposite to v.here he was sitting. Tfo ballet passed through the window. -.^ prisoner was about two feet from the window when he fired. He believed the shots were I deliberately fired at him. It was a wonder that he escaped from being shot. The second shot almost shaved Mm; he felt ft whizzing by his ear. He had known prisoner for some time months at Coromandel abonl two years ago, when witness was then in business as a butcher. Prisoner was a casual * customer, and he was not aware that any ill. feeling existed between them. Prisoner, assigned no reason for shooting. While at Coromandel he suddenly withdrew his cug. torn, but he knew of no reason for his coa. duct. To Mr Joy : He wns not conscious o! having given prisoner reason for complaint, and for a considerable time he had not teen prisoner. Mr Young was in the shop when the shots were fired. He had no donbt kt the shots were fired at him. He looked sullen and pale. He was not aware that he tad given any offence. James Young, butcher, of Grey-sfcreet, remembered the evening of Saturday last, and saw the prisoner coming acress to his shop; he was standing in front of Mr David-

son at the desk, when he saw prisoner tke the pistol from his side and ahoot deliberately at Mr Davison. The ball went past the right side of his head, wh«ii immediately'a second went past the left Bide. Mr Davison fortunately shifted his positions or the second would have struck him. Constable Edward Mooney deposed to taking the prisoner into custody on the charge. He took him to Mr Young's shop, when he acknowledged that he had fired two shots at Mr Davison. and that it would all come out by-and-bye. He then took him to the station Sergeant Major Pardy deposed that the; prisoner was brought to the station by the last witness, and that he charged him with the offence of firing at Mr Davison, when he (prisoner) replied, " He's quite correct, that was my intention, " he hinted at something as a reason, but said he could not speak of it then.

Mr Joy said he had only to call medical evidence as to the state of the prisoner* mind. His Worship said he thought such evidence was somewhat premature. He was afraid he could not deal with the question of prisoner's sanity, but he was bound to hear evidence en this point if counsel wished it. Air Joy then called Dr Goldsbro'. who stated that he had visited prisoner twice, and that he had shot (at Davison in consequence of evil reports which Davidson had spread about him to the prejudice of his neighbours, and that he regretted that he had not killed the man. That he had taken that method, though unlawful, of patting the case before the world, so that the world might fairly judge between him and Davidson.

On the next occasion he made a different statement, and eaid that he must destroy Davidson even though ho should be punished and nothing on the part of Davision shonld tempt him to act stherwise. He (Dr Goldabro') regarded prisoner as a homicidal monomaniac, which i 3 a form of insanity. He believe tnat prisoner on this particular act was incapable of distinguishing between right and

wrong. Dr Stockwell gave similar evidence on the prisoner's state of mind. The prisoner was then fully committed to take his trial upon the charge of attempting to murder.

This was all the business,