POLICE COURT.

Auckland Star, Volume XXXVIII, Issue 290, 5 December 1907, Page 5

POLICE COURT.

Mr. Ziman, J.P.)

A NIGHT ASSAULT,

Francis Henry McGinley and Egbert Topp, uncle and nephew, escorted the younger man's mother to the residence of her brother John, in Vincent-street, about 9 o'clock last night, and found the door barricaded against their ingress. They made an unheeded demand for admittance, and then proceeded to attack the stronghold. During the afternoon, however, two other members of the McGinley family appear to have made a demonstration in force against John' 3 castle, the door of which had consequently teen fortified against an anticipated further attack. The door resisted all persuasion from hand and foot, but the racket created on the "outer walls," together with the hoarse threats of the beseigers to .break in at all hazards, went no way at all to reassure the garrison, and an envoy, in the shape of Thomas McGinley, another of the clan, was despatched through the postern for police enforcements. In the meantime the attack continued, but the door holding out bravely, attention was turned to a window, which yielded to a determined assault, sash, glass and frame melting into fragments under the vigorous breaching operations. Over the ruins and through this breach was handed Mrs. Topp by the victorious and literal housebreakers, who saw that lady safely ensconced in a bedroom before turning to the outraged proprietor. What family amenities and explanations occured between the cessation of hostilities against the building and the arrival of the police remains wrapt in mystery, but the attacking party made their appearance in the Police Court , this morning, under charges of feloniously breaking and entering, and of wilfully damaging the window. Sergeant Hendry consented to withdraw the charge of criminal intent, reducing it to one of "wilful damage*" From the evidence of John McGinley, it seems that his house in Vincentstreet also shelters the family of a brother Thomas, and during the past eighteen months the sister on Whose behalf the affair of the window happened has also resided with him. John's hospitality to this sister has, however, become exhausted, partly because he considers a husband and four grown-up sons the meet and proper ones to provide her with a home, and partly on account of certain temperamental characteristics possessed of his sister So he unburdened his heart to her on the subject, and otherwise requested her to seek new lodgment. He denied emphatically, however, that he had barricaded her out of the house. It was simply done because he was fearing an assault from another brother, who had been around disturbing things in the afternoon, and had promised further diversion to come. Neither was it for his other visitors of the night, who were quite unexpected, if not unwelcome, guests.

Francis Henry, while agreeing that it was a not very fraternal action to batter at the door and tear out the window, submitted that he was justified in adopting so drastic a method of obtaining entrance for his sister, if more peaceable appeals failed. He contended that his brother's house had been willed by thijii --father to his brother on the tacit understanding that it shonld harbour their sister if occasion warranted, and he contended that no occasion had arisen to warrant her ejection after the eighteen months' sojourn. From his account, her own home had been broken up at that time and a general dispersion had taken place of the family, but nothing very definite transpired as to why that family, which had all returned to Auckland, did not now find her another home.

The Bench, after hearing both stories concerning the raison d'etre of this night assault, decided to impose a fine on each defendant of 10/- and Court costs, which, including a new window, amounted to £1 6/- each, and advised them to treat their relative's house for the future with more respect. REFUSING TO "TURN TO." Charles Wilson and Charles Holmes, steward and seaman respectively aboard the steamer Largo Law. now in port, were both charged with refusing to obey the lawful commands of the captain, the commands in question being to "turn to." Mr. Staunton appeared for the captain, and Mr. Skelton represented the defendant steward.

Mr. Skelton explained that it had been arranged out of Court that the case against Wilson should not be prosecuted if he returned to duty. The steamer had been in port some time, and the steward considered that he had been called upon to work rather long hours during that interval, the vessel having no cabin hoy and no other steward but himself, upon whom somewhat multifarious duties consequently devolved. He had appealed to the local superintendent of marine in the matter, but that officer had concluded that the matter did not come within his province, and Wilson had decided therefore to refuse duty by way of protest. He agreed to return to duty on the understanding that in future he would not be called upon to perform duties outside his department.

The Captain explained that the duties of his office were all that Wilson was asked to undertake.

Wilson was accordingly discharged upon payment of the cab hire incurred.

Holmes pleaded guilty, Mr. Staunton saying that the captain did not press for the maximum penalty of £2 or two days imprisonment, liable for the offence; he would ask merely for the forfeit of two days' pay, the minor penalty provided. All that was desired -was to impress the rest of the crew with the necessity of submitting to discipline. Holmes was mulcted of the two days' pay and allowed at large, the captain declaring that he did not want the man back, while the man was equally willing to quit the ship. INEBRIATE. Andrew Neilson, who made his fifth appearance as an inebriate, with a countenance scarred with sundry recent disfigurements, pleaded guilty to disorderly conduct in Albert-street yesterday while under the influence. Several witnesses testified to Neilson's lively demeanour and to the incidental language he directed at the licensee of the Shakespeare Hotel, when requested to leave that hostelry by the licensee. He was fined £2, with the option of fourteen days, for his drunken diversions, and sent behind the stona walls for a month in connection with a conviction for obscene language. BOUND OVER. Eunice Warwick, whose excitable disposition carried her away so far on November 27 as to occasion its owner to say things to Eliza Jane Carter, in addition to breaking one of Mrs. Carter's windows, was called upon to find a surety of £5 for her peaceful behaviour during the next six months, besides repairing the damage done to the window. pane. Mr. Skelton appeared for the proseeu-