POLICE COURT.—Monday. [Before T. Beckham, Esq., R.M.]

Daily Southern Cross, Volume XXII, Issue 2712, 27 March 1866, Page 6

POLICE COURT.— Monday. [Before T. Beckham, Esq., R.M.]

DRUNK3NNESS. John. Redshaw, Henry Gromaher, and Benjamin were each fined 20s. and costs for this offence. John Leynord, for a third offence, received seven days additional. John Redshaw, John Mullins, John Johnston, and Thomas F. Cousins, on bail, charged with the same offence, forfeited the amount of bail. DESERTION. Henry Brown and Alfred B. .Neville pleaded guilty to charges of desertion from H. M. 40th .Regiment, and were ordered to be handed over to the military authorities. Alfred B. Neville admitted apprehension for a similar offence about three years ago. ALLEGED B BEACH OF WEIGHTS AND MEASTTBEB ORDINANCE. — KING Y. JOHNSON. His Worship gave judgment in this case. He said that hpth indictments must fail upon the objection taken by the defendant's counsel, on the ground that they were not laid within the specific district named in the ordinance. There was no doubt, however, in looking at the sub-section of the" Act, that the Inspector who laid the information had ample power to carry out the provisions of the ordinance ; it was the Inspector's duty to mark with abroad arrow the measures which denoted the quantity. The cases exhibited an oversight on the part of the Inspector, which perhaps was accounted for by his newness in office. He must order the cases to be dismissed on the grounds stated. MALICIOUS INJUEY. Francis Houlahan was charged by Bernard Macdonald with wilful aud malicious injury to property on the 17th March, by breaking the padlock off a gate. Mr. MacCormielc appeared for plaintiff; Mr. Bpveridge for defendant. Bernard Macdonald deposed : lam owner of property near the Harp of. Erin public-house. There is a gate on the property opening into the road leading from Onehurxga to Otahuhu. On the 16th March the gate was locked with a padlock and iron chain. On the Sunday following the padlock was, smashed. I charged defendant with breakin-g it, and he said he would do so again if he founcl it on. I have several times cautioned him against going on to the land. Cross-examined by defendant : I let you the land conditionally. I did not give you possession on the 19th. January. You were not working on the land on the 9fch of February. I did tell you to clear off the land, at my own house, and before you put a crop into it. I cautioned you against putting a crop into the land. I did not give you a lock and chain. You had no lock, nor any power to put one on. I broke your lock by order on the 16fch of P-eb-ruary. You and I did agree to put a hor.se on the land between us. We did arrange to cart the timber between us. I don't how many loads I carted. By Mr. MacCormick : I made n0 agreement in writing with the defendant, r 0P did I put him in posession of the land, be' jause he did not fulfil his agreement respe*- _. tm g the erection of a house. I afterw' d rd s cautioned him against going on to tb c i an( j. I ij ye in Auckland. It was not r Mt {\ some t\ me after he had been on the land that I cautioned him, as I was not aware he w as there. By the Bench : I a g ree d to pay half the cost of erectinga house j a t ho p a ddock, which was £52 10a. His ha' t f was t 0 b e p a jd O ver to the carpenter on coir ip i e tion of chimney and shingling, and mine on completion of the work. He has never pair x his portion, although, the work is completed . am j. I consequently refused him possession ofo f the paddock. The Ber lC h suggested the desirability of coming te , an arrangement with each other, and adjourn? d the case until Tuesday week to give time. CHARGE OF LAECENY. -Do; Ja ld Sutherland was charged by Richard Farr dr w ith stealing a set of dray harness, valxr.e £5. 7 dr. MacCormick appeared for prisoner ; Mr. ■B' jveridge for complainant. On application of prisoner's count ;el, the case "was remanded until Wednesday, fox production of evidence ; bail was accepted in two sureties of £150 each. ASSAULTING A CONSTABLE. Joseph McEwatt was charged with committing a violent and unprovoked assault upon constable Ternahan, on the 24th instant. Robert Ternahan deposed : I ana constable in the armed police, and was on d uty in Upper Queen-street at eleven o'clock on Saturday | night, where I heard cries of " Police !" iuthe neighbourhood of Grey-street. I went to the spot and found constable Clarke taking a drunken man into custody. The -pri3or\er was there trying to rescue the man from cv stody. I assisted the constable. The prisone.r threw several stones near us, and as I wa 3 looking round to see where they came from, "1 observed him deliver one which struck \ne <©n the left eye with great violence, and. produced the marks now visible. I was afterwards Btruck on the back of the head by stones from prisoner's hands. Assistance being rendered,^ followed and captured the prisoner. Constable Andrew Clarke gave corroborative testimony. His Worship said the offence was a grievous one, and ordered prisoner to be commit* ed to pnson for six weeks with hax4 labour.