POLICE COURT.—Tuesday. (Before Thos. Beckham, Esq., R.M.)

Daily Southern Cross, Volume XXIII, Issue 3120, 17 July 1867, Page 4

POLICE COURT.— Tuesday. (Before Thos. Beckham, Esq., R.M.)

DET7NKENNEBS. William McCarthy and Mary Barley were fined for this offence.

LUNACY. Kobert E. Brown, on the information of Dr. Kenderdine and Harding, was committed to the Lunatic Asylum, as being of unsound mind.

JDABCENIES. William Ryan (on remand) was charged with having stolen three razors and a pair ofscissors, value 9s, from the shop of Mr. John T. Callagher, hair-dresser, Shortland-street. He pleaded not guilty. Prosecutor deposed that on Friday morning last he had occasion to leave his shop, and on his return he missed the razors and scissors from where he had left them. — . Austin, a hairdresser doing business in Wyndham-street, deposed that the prisoner came to his shop on the Friday, and said he belonged to the Circus. Prisoner gave him a pair of scissors and a number of razors, on which witness lent him Is (articles produced). Identified the articles produced. This was the case for the prosecution. Prisoner, in defence, said he had found the articles. His Worship said the prisoner had been only ten days out of gaol, and sentenced him to three weeks' imprisonment with hard labour. James Galbraith, on remand from Monday, was again brought up, charged with stealing a tweed coat and a handkerchief, the property of William Sadgrove, from the premises of D.A.C. Gr. Ibbetson, near Newmarket. The prisoner had been remanded in consequence of a plausible statement %t he had

taken the articles by mistake, and to back this statement he produced an excellent character from his late master. Detective Ternaham produced the coat which prisoner said he had left at Mr. Ibbetson's. The color and material of the coat were precisely similar to the one alleged to have been stolen. His Worship said there was a probability that the prisoner had taken the coat by mistake, and ordered him to be discharged.

ASSAULT. William Cartwright (on remand) was again brought up charged with assaulting Jacob Thomas, by striking him on the face with a stick. The offence having been proved, his Worship, after severely reprimanding the prisoner, ordered him to pay a fine of 40s and the costs, or to be imprisoned for one month.

BEEi.OH OF THE TUENPIKE ACT, 1866. John Duggan was charged with a breach of the 13th clause of the Turnpike Act by evading payment of toll at the chain bar on the Stockade Eoad, near Auckland, on Wednesday the 10th July. Mr. Hesketh appeared for the complainant, Mr. Wynn for the defendant. John Brierly, examined by Mr. Hesketh : I 1 am the informant in this case, and one of the lessees of the Mount Eden Toll Grate. I know the defendant Duggan, The chain bar on the Stockade Boad is included in my lease. I hare a lease in writing, I collect tolls at the Mount Eden Gate. I was at the chain bar on the Stockade Eoad on the morning of Wednesday the 10th ; on that date I saw the defendant about 30 yards on the Mount Eden side of the chain bar. He was coming from the Mount Eden gravel pit with two loads of scoria. He was standing on the debtors' prison side. I demanded toll from him. He dia not pay it, but he diverged from the road with his carts by a passage and returned to the road at about 120 yards on the other side of the toll-bar. I think the land he passed over belongs to the Stockade reserve. I have a plan which I obtained from the Waste Lands Office showing the position of the bar, and the land the defendant passed over. Mr. Wynn submitted that if the lithograph plan were put in, the maker must be in attendi ance to prove it. i Re-examined : The defendant's stables are on the land which I have described as a reserve. They were formerly occupied by Amos and Taylor. When I asked for the toll, defendant told me he did not care a d— n for me, and svould not pay me. John Jamieson gave corroborative evidence. The carts went over a road Mr. Duggan had made over a drain, which was originally made to protect the toll-gate. Asked Duggan for the toll, and he said witness was not to speak to him. Defendant went round by the back of his stables and came out on the other side of the toll-gate 'on the Auckland side. The carts went along on to the Kyber Pass Eoad with the scoria in them. Mr. Wynn argued that there must be some other Gazette than the one dated 25th April, put in by his friend, and that contained no mention of the turnpike in question. i His Worship said the notice referred to was i contained in the Gazette &f May. As the | proper Gazette had not been put in, the case i must be dismissed on its merits, with the ordinary costs.

ASSAULT. Maria Lilley was charged by Jane Gillofc with having assaulted her by striking her in the face. The prosecutor withdrew the charge, and the case was accordingly dismissed.

VAGBANCY. Mary Walton pleaded guilty to a breach of tho Vagrant Act by having no lawful means of support. She pleaded guilty, and was ordered to bo imprisoned for one month. This concluded the business.