POLICE COURT.-Monday. [Before J.H. Horne,Esq., J.P.(chairman), and G.B. Owen, Esq., J.P.]

Daily Southern Cross, Volume XXIV, Issue 3358, 21 April 1868, Page 4

POLICE COURT.-Monday. [Before J.H. Horne,Esq., J.P.(chairman), and G.B. Owen, Esq., J.P.]

— Thomat MoMnntu and John •^Ptfdgim Yew fined 6s. and co«t«, or in default to k^tmqßrfeo twenty-four houri'impriionmen^ for drunk- • ■ .J3 - o^/.j ftßittAOH o/Poiiaß Act.— John Dnggan wu *ln> -'"l oi iWtffffl'd i trith expoiing fail peraon in Queen-rtreefc on iP^iSd*yeTening]»«t. Dogg»n pleaded gniltj, and fiiied 40«. »nd co«t^ fll »M^taw'"»r a BtmteKt oir his Bor.— John H°/ i '3n4H|S!er lfii'bhMixrid 1 baring, together with one < Le f¥W#&t FarrelL h» clerk, ais«ilt»aWilli*mJ»mei him by the' throat, dragging f H^mWsa $$skJwitK4n&^BeiHng' hina with, hip PopP£wm^»^^rederiokFaiTeU<'d»nitiagP 0 pP£wm^»^^rederiokFaiTeU<'d»nitiag .the !f bV boldJng the .infoWnMit'B lefc f®a:^MLr."Hky »ppwr*d f or the defetdanto, Mr. * Wmmu^ionerNaaghtoncQndnotfdtheproieodtion. — r* jMk'Hnr <ddd there was no donbt tiatn fiad been, an W|fi»B' fttto!,t»d' frequ.ntly "told - Mr. Tocker «^«bWdtild%e touch obliged t)» fcim i| he would thraah the boy, ai »he could do nothing »rith him. Mr. Tucker had given complainant «ome •heeprunnen to clean on Thursday, the 9th, bnt inI te»dof okMlngfchtUi Jwthxowtlwjnotttof the window,

ra nd bn the Friday following, whetfthey were wanted, Mrl Tucker found them buried. l lt mast have been rery annoying to Mr'» Ttioi&r, When these runnert ; where revoked, to find ' them mating. Mr. Tucker i chastised the boy on that ooouion. There was a ; Half-holiday on the Friday; ahct the boy did not oome baoktol the Sunday, when he returned with some I companions,' broke open the 'stable-door, and let loose Mr. Tucket's lionet, with the intentidn of driving i them on to the street. 'On Wednesday last, the I boy w&s pairing the s'bW, when Mr. Tucker called jtne boy, 'and then took, him into the back shop, ' where he administered to him two or three cuts of a I whip. Mr. Tucker did not wish to proceed in any legal "way againit the boy, but rather took a method more catcalated to reform the boy by adminiiteriag a sound thrashing. He (Mr. Hay) thought it wonld be sufficient to answer the ends of justioe if a nominal fine were inflioted.— William James Campbell, a boy Of about sixteen or seventeen, deposed : On Wednesday last, between five and six o'clock, I was passing Mr. Tucker's shop, when the defendant called me. I stopped, and he came out and dragged me into the shop. He took me to the office' door to look for' a whip. It was not there, and he forced me to where the whip was. I was dragged into the back shop; and he was going to strike me with his riding whip. I oaught hold of the whip, and the defendant called out to the shopman. Defendant then called to Farrell to oome and ' kold my hands. Tuoker took the whip from my "hand*, *nd Farfell held me. Tuoker then struok me with the whip once over the back, and several times over the legs. Several people came running in when they heard my cries. (Whip produced.) , 1 bear the marks of the whip on my legs. (Witness then showed the marks on his legs.) — Cross-examined by Mr. Hay : I hjid been between six and seven months in Mr. Tucker's employment. On Thursday, the 9th insfc., I had to clean some sheep's runners. I did clean them, and threw none of them 1 ' out* " On Good Friday Tuoker asked for some runners. I told him I had cleaned those I got. He went out and dug up some that had been rotten. He then beat me. 1 will swear that I cleaned all 'that I got to olean. On Sunday I c»me back for my cluthes. Three other boys were with me. I went to the stable, which was not locked or fastened. I asked for my clothes. I did not open the stable door. I did not let Mr. Tucker's horses into the yarJ.— Mr. Commissioner Naughton said he had other witnesses, but, as the complainant's evidence was not contradicted, he did not thiuk it was worth while calling them. — Mr. Hay said that a parent was entitled to chastise a obild so that he should reform, and this was a case in which the master was chastising this boy that he might reform. — Mr* Commissioner Naughton said that that Court had not power to award punishment by whipping when the boy was fourteen years of age, and surely a master could not claim the power. Besides, the boy was out of Tucker's employ.— Mr. J. B. Russell, who had just come in, said that he was to have appeared for the complainant in the case, but had been employed in the District Court. He would only draw the attention of the Bench to the fact that, by the 77th section of the Justice of Peace Act, it could award part of the fine to the complainant.— Mr. Pay objected to Mr. Kussell now taking any pait in the case.— The Chair- I man said that, had the boy's character come into Court somewhat cleaner, a heavier punishment might have been awarded to defendant. The master had two or three charges against the boy.— Mr. Russell said that nothing at all had been proved. They had merely been thrown out as imputations, and any imputation, unless proved, simply recoiled on those who made it.— The Bench inflicted a tine of 40s i and costs on each defendant, but did not award any portion of the penalty to the complainant. Illegally at Labgb — Alexander Campbell, alias B%lph Douglas, was charged, on the information of Thomas Young, Acting-Gaoler, Mount Eden Stockade, with being illegally at large on the 25th day of March, 1868, being then a prisoner under sentence of four years' penal servitude.— Theophilus Kittling, Deputy-Begiatrar of the Supreme Court, produced a certificate of conriction that the prisoner was, on the Ist September, 1867, sentenced at the Supreme Court to four years' imprisonment for setting fire to the polise-station at Papakura.— Thomas Young, Acting-Gaoler, Mount Eden Prison, deposed to the escape of the prisoner.— Constable Franois McGovera deposed to the arrest of the prisoner at Hamilton, on Thursday, the 9th of April.— .Prisoner was committed for trial. This concluded the business.