POLICE COURT.—This Day.

Auckland Star, Volume VII, Issue 2030, 11 August 1876, Page 2

POLICE COURT.—This Day.

(Befor R. C. Barstow, Esq., R.M.) DRUNKARDS TWO.

Edward Naysmith was brought up on a j charge of drunkenness, and, being his second j offence, was fined 10s and costs. Andrew 1 Phillips, for being drunk and-disorderly, was . fined 53 and costs, the disorderly conduct I being trival. , VAGRANTS TWO. Henry P^^. & respectable looking man, • was charged with being asleep in the stable . of Mr W. J. Hurst, in Queen-street, last • m Prisoner said he was not legally guilty ._ Sergeant Elliot proved the charge against the prisoner. *._„„„„- Mr Hurst said that prisoner was a stranger to him, and hadno right to be in his stable ; he was there without his sanction. Prisoner said he was not aware that he was doing wrong. He was asked to wait there by a gentleman named Monte in order to be up early in the morning. Mr Hurst said he did not wish to have the prisoner sent to gaol if he would promise not to intrude again. , . Pearson was re-called, and his Worship said that having made enquiries, he was disposed to be favorable, and would discharge him, but he must be careful where he lodged in future. _~_,.,,»__.. John Wilson, a young man, pleaded guilty to being a rogue and vagabond, and without the means of livelihood. > Sub-Inspector Pardy said prisoner had frequently been convicted at this court j there was no excuse for prisoner s conduct. Mr J. B. Russell said the prisoner had called at his house, apparently lame and having received assistance, became suddenly active, and very nimble on his feet. Six months' imprisonment with hard labour. r.REACH OF PUBLIC HEALTH ACT. John McLeod was charged with committing a breach of the Public Health Act, by escaping from the Quarantine ground, on the In this case Mr Brookfield said that some of the passengers from Motu Ihi, who were witnesses in the case, had not yet reached Auckland; as Mr Tyler, who appeared for the defendant, did not object, he would ask for a remand. Remanded until Tuesday next. OF_ BNCES AGAINST THE BY-LAWS. John Calvert, was charged with a breach of By-law No. 1. in not starting his omnibus at proper time for Newmarket, on the—mat. As there were extenuating circumstances in this case, defendant having stopped to grease the wheels of his carriage, defendant also, having pleaded guilty, the Court imposed a fine of Is, and 17s costs. Mr J. B. Russell appeared for the Oity Council. A FEVER DEN. Patrick Jones appeared in answer to two charges, (1) for throwing offensive matter into a channel in Fort-street (2) for allowing impure water to remain in his cellar. The defendant pleaded guilty to both oaseß under extenuating circumstances. Mr J. B. Russell described the nuisance as disgusting, and he, unfortunately, suffered considerably, being in the immediate locality, and yet defendant, whose conduct generally in regard to cleanliness, was of a revolting and disease-breeding nature, pleaded extenuating circumstances, Bimply because he had got found out. This was one of the worst cases that had come under his notice, and he hoped the court would visit defendant with a severe penalty. Mr Inspector Goldie described the scenes as most filthy, but since the discovery, defendant had done what he could to remove the nuisance. __ Fined 50s in each case with costs, being together £7 15s. Defendant asked for time ; he would meet the demand on Monday. Mr Russell said he could have no objection ; his object being simply to remove such nuisances. The Conrt said it had the power of retaining defendant until the money was paid; time, however, would be allowed in this case until Monday, when the money must be forthcoming. ABiD HUSBAND. James Gunson was charged with assaulting his wife, Mary Ann Gunson, by striking her, and otherwise ill-using her on the 7th instant. The husband did not appear, but had since the receipt of the summons, in the characteristic language of the Constable, " sloped." The wife, a good-looking young woman, with a young child in her arms, said she had not seen her husband since he had the summons, and he had gone no one could tell where. The Court ordered a warrant to be issued for the apprehension of James Gunson on the charge. CITY RATES. About twenty names were on the list of defaulters who had noe paid their respective city-rates. Mr Phillips, Town Clerk, informed the Court that the cases had been settled ont of Court. Broaching Cargo on Board _ho Cro.v_-t_.orp9-Nine men, named respectively William Macdonald, Daniel Carr, Richard Peaty, Denny Killigan, Richard Jones, John Cathcart, John Boyall, John Smith, and Peter Johnstone, were charged with disobedience ► of lawful commands on board the British ship Crownthorpe, on the high seas, and with broaching cargo on the said ship, and stealing a larf.e quantity of Old Tom, and six tins of mustard. On being interrogated as to whether they were guilty or not guilty, the prisoners successively pleaded not guilty. Mr Hesketh appeared for the prosecution. The prisoners were undefended. Mr Hesketh opened the case, and stated the facts, as will appear in evidence. Henry Phillip Everett deposed that h9 was master of the British barque " Crownthorpe." He arrived in this port on the Bth August, from London. Knew all the defendants, who were able seamen, and signed articles as under in London, (articles produced). On the morning of the 30fch June, the mate reported to him that some of the men were nearly drunk ; he noticed Jones was drunk, and Macdonald was the worse for liquor, and when he spoke to him he was insolent. In the course of the day several other men betrayed signs of drunkenness. He spoke to Mr Brimmage, and they searched the men's bunks in the forecastle. He looked on while the mate searched, and they found several bottles of Old Tom, and tins of mustard in prisoner's bunk. He walked out, and in a quarter of an hour, the nine men came towards the cabin in a body, and asked him what he intended to do in the matter. He said he should enter the facts in the official log book, and it would be for a Magistrate to decide the matter when they got to Auckland. They then said, "we are guilty j we have all had a finger in the pie," and used similar words, implying that they were all alike.

Captain Everett then read the entries from the official log-book, and stated as follows : He did not make the entry jnst read on the same day, but some days af ber from notes. He did not read the log over to the men, as he apprehended a| mutiny, as they had expressed their determination to refuse work. He did not go below himself. To Macdouald : You did say that yon had a hand in stealing the things. Prisonor: It is false. To Killigan : I did not see you take the liquor, bnt I saw you drunk. Edwin Campbell, chief officer, deposed that he took 100 cases of Old Tom on board on the 15th April, numbered 301 to 400. There were also a number of cases of mustard took in at the same time, and all

.towed away. On the 30th of Jane he discovered a bottle of Old Tom, partly full, and noted that it was one of the lot that he took in. When they were searching in the forecastle, the prisoners did all they could to hinder xhe search. The first indication of broaching that he had was hearing the sailor* pretty merry in the middle watch, and thr J word's " Old Tom " frequently used. Subse- / cmen. ***• as the captain stated, the men one anTalT.ac-nowledged thatthey wereallgniUy. Killigan subsequently, when at the -whe c told witness that Macdonald had hidden other bottles in a certain part of the ship. I n searching with Detective Jeffrey, he found a case marked 358, L.D.N, and Co , A and a diamond, completely empty. Fe also found a mustard case broken open, and six Ift tins of mustard had been taken. A bale of goods was also cut open, but nothing had been extracted. Mr Brimmage, the second mate, assisted in the search. Drops of candle grease were found among the boxes, and several matches found scattered about. James M. Brimmage, second officer, deposed to the above facts, and corroborated the statement of Mr Campbell, the first mate. Hugh Jones, a passenger, was in the fore. castle on the 2nd and 3rd June. Macdonald and Jones were there on the evening of the 2nd. Most of the men were in their bunks. There was a smartish lot of. drink moving about. Macdonald gave him two glasses of strongish gin ; he did not know where Mac got it from, but it pretty soon got into hi. head. Jones was sitting on his box. That was all the drink he had. Did not see any knocking about on the 3rd June. The two glasses knocked him silly . they were tidy sized tumblers ; had no water with the gin ; did not usually take it mixed, , He could not say were the stuff came from, but it took mighty effect of him. ' William Stevens, another passengers, gave evidence. He heard a great disturbance among the sailors on the night between the 2nd and 3rd of June. Some of the men ap. neared as though they had been drinking in the morning. Macdonald told him that they bad got the old torn from under the main hatch, and they had six bottles in the water cask. He also heard their confession to Captain Everett. Thiß was the case for the prosecution. The prisoners had nothing to say. His Worship, calling the prisoners by their respective names, said the Court found them all guilty, but would refrain from passing sentence until the other charge was heard. DISOBEDIENCE OP LAWFUL COM- ■ MANDS. The charge of disobedience was- then preferred against the prisoners, and to which the prisoners, with the exception of Johnstone, who pleaded guilty, said _hey were not guilty of oontinued disobedience. Mr Hesketh said he must therefore go on with the case. Captain Everett was again sworn, and read the extract from the official log, hut which was so closely connected with the preceding case, and almost the same evidence, that it is unnecessary to state further <than it referred to language and conduct of a mutinous character. After some further evidence,- the Court found the prisoners guilty, and for the larceny sentenced Macdonald, Carr and Jones, to six month's imprisonment ; MoKilligan to four months ; and Bojall, Johnston, Smith, Cathcart and Peaty, to three months, all with hard labour; and for the offence of disobedience, the nine prisoners were sentenced each to four weeks imprisonment.