POLICE COURT.—Monday. [Before his Worship the Mayor and T. Ritchie, Esq., J.P.s.]

Daily Southern Cross, Volume XXVII, Issue 4356, 1 August 1871, Page 3

POLICE COURT.— Monday. [Before his Worship the Mayor and T. Ritchie, Esq., J.P.s.]

Drunkenness. — James Hadley, Jane Pierce, George Moore, and Alexander Chaplin were punished in the usual manner for this offence.

Assisting a Seaman to Desert fbom H.M. Service. — Frederick Smith was charged with aiding iud assisting George Warner to desert from H.M. s. * Rosario. Mr. Beveridge for the defence. — There not being sufficient evidence agaiust the prisoner, the case was dismissed.

Deserter from H.M. s. ' Wosa.rio. — George Warner was charged with being a deserter from H.M. s. 'Kosario.' He was defended by Mr. Bevericlge. — Sergeantmajor Pardy deposed that the prisoner gave himself up at the station as a deserter from the • Rosario,' and was reported by the captain as being a deserter. He produced the list of deserters, in which the prisoner's name appeared, which he said had been handed to him by the lieutenant of the 'Rosario.' — Mr. Beveridge stated that the prisoner had obtained leave, and was left behind. He was anxious to rejoin his ship. — Tlie Bench said there could be no doubt the prisoner had deserted, and ordered that he be forwarded to the ' Basilisk,' at Wellington, by the first opportunity.

Assault. — Richard Sarsfield was charged by Catherine Rj-au with violently assaulting her on the 30th July, with intent to do her grievous bodily harm. The prisoner pleaded not guilty. — The prosecutrix deposed that she was living with the prisoner, and that on going homo on the previous day he knocked her down, kicked her, and struck her violently on the face. — Dr. Lee deposed to having seen the prosecutrix immediately after the assault, and that she was covered wibh blood. Both the man and woman were always drunk and quarrelling, .and were a nuisance to the neighbourhood. — Mr.Broham suggested that, aa the prisoner was con stantly transgressing the law, and was altogether a violent character, he should be bound over to keep the peace. — The Court considered the assault an aggravated one, and sentenced the prisoner to pay £5 and costs, or in default to undergo two months' imprisonment with hard labour.

Bkeach of the Municipal Police Acr — William Atchison was fined ;H and costs for allowing his chimney to catch fire.

Assault. — Martha Lamb was charged by Michael OBrien with, assaultiug him on the 28th July by striking him on the head with a brush. The prisoner pleaded not guilty. — The prosecutor deposed that he went mto prisoner's shop, when she struck him on the head with a brush without provocation, and afterwards threw a knife at him. He called a witness, who he said was in the barber's shop next door getting shaved at the time, to corroborate his statement, but the man on being called knew nothing about the assault. — The case was dismissed.

Alleged Highway Robbery with Personal Violence. — John McGinley and William|McGinley were charged having assaulted Solomon Freedman in Grey- street, on the 28fch July, and stolen from his person the sum of £15. The prisoners were defended by Mr. Hesketh and Mr. Sheehau, and the prosecution was conducted by Mr. Bennett. The following evidence was taken :—Solomon Freedman, the prosecutor, deposed : I am a storekeeper residing at the Mauku. Left the Mauku, which is about 38 miles from Auckland, about nine or ten o'clock on the morning of Friday, the 28th, and put 15 sovereigns in my purse. When I arrived at Pitt-street, at about nine o'clock in the evening, the two prisoners were walking alongside of me. I heard them saying something about my having a lame horse. William McGinley struck me on tke face, and I came down from the horse and got hold of him by the collar. I asked him whether I had Bver done him any harm, and screamed for a policeman. John McGinley searched my pocket. I felt his hand in my pocket. While I was calling for the police, John McGinley said " Hit him on the face," and struck me three or four times with his fist. At this time I had hold of the pony in the one hand and William McGinley by the other. lam certain I felfc a hand in my righthand trousers' pocket. It was the force of the blow given by William McGinley that knocked me off the horse. It was a bright moonlight night, and I could see the prisoners' faces. While holding William McGinley by the collar, I asked a man that was near to go for a policeman. Was obliged to let him go because hia brother was striking me, and I could not hold him any longer. I went to the Policeoffice, and laid the information, and went with Detective Ternahan and identified the prisoner. I had only two drinks on my journey from the Mauku to Auckland, and was perfectly sober at the time I was assaulted. I felt the purse in my pocket at Newmarket, and missed it after the assault. There were a good many people about at the time, but I did not notice who they were, and did not tell anyone that I had lost my pur3e. — Cross-examined by Mr. Hesketh : I don't remember the man asking me why I wanted a policeman, and my telling him that one of the prisoners had struck me and knocked some of my teeth out. I had another purse in one of my pockets similar to the one I lost. 1 did not tell the people .around that I had been robbed, because I was excited. There were a dozen people present. I knew I L.acL left my purse when. I left the' prisoners. I felt the hand of John McGinley in my pocket, but did not accuse him of taking it because I thought a policeman would arrive soon. The affair took place opposite Stretton's large shop, at the corner of Pitt-street and Greystreet. The shops opposite the spot were open and lighted up. I had hold of the horse all the time, aud it didn't go down the street by itself. Ido not remember other persons saying it was a shame to ride j such a horse. I could see after I got the blow in the eye. I never mentioned about the loss of my money till getting to the police^ station. I did assist to search for the money. — To Mr. Bennett: I understood Mr. Hesketh's questions. I am a Pole. —To the Bench : I had two purses on this occasion, because the whole of the money would not go into one purse. I had no particular reason for having the two purses. — William Stretton, son of Mr. Stretton, bookseller, sworn, said: I remember Friday last. I never saw the prisoners before. I saw the prosecutor slip or fall off his horse. I saw three persons— two holding each other. I heard cries of "Police !" " Murder !" I did not go near. The man afterwards ran down the road, aud tumbled over. He slipped off the horae on the same side that the men were on. The two men afterwards walked leisurely down Kfctsfcrett— To Mr. Sheeh*n t I \c*s oat $m«at at ths %ms* I could u&t wo aAI

that was going on. The prosecutor wu staggering about. They were about ten paces off from our Bhop. They were talking about the horae. The horse could hardly walk away. I never heard Freedman say he had been robbed. — Robert M. Heighton, being sworn, said : On Friday evening last I saw the prosecutor and tha two prisoners. It was the cry of "Murder" that brought me out. I saw a man on the ground. There were other persons present. The prosecutor had hoW of John McGinley by the collar. I asked whot was the matter. I told him to get on his horse and go home. I saw William McGinley strike Freedman in the face. He never said he had been robbed. — To Mr. | Sheehan : Before I reached the prosecutor the smell of liquor was very strong. In reply to my question why he wanted the police, he said he had lost a tooth, and that John McGinley had struck him. It never passed my mind that such a thing as a robbery had been committed.— Detective Ternahan deposed to the prosecutor giving information, to him of the occurrence, and to having taken tbe prisoners into custody.— This concluded the case for the prosecution, after which Mr. Hcsketh addressed the Bench at some length, and for the defence called ! Thomas Winter, teacber of music, who, being sworn, said : I remember Friday evening last. My attention was attracted by a man coming into Pitt-street from Karangahape Road on horseback. The horse was fearfully lame. The rider was, by tugging at the reins, endeavouring to make the horse go out of a walk, which it appeared unable to do. The prosecutor was rolling in the saddle, and I expected to see the horse and man to fall to the ground. 1 called out, " Shame." I heard some one call out, " Get off the horse." There were a number of people about at the time, I believe the man called out to me, "Shut up." I saw two young men, respectably dressed, walking in the middle of the road. We were all dose together. They remonstrated with the man. The prosecutor said to the youn,» men, " Do you want to stick me up ?" One of them replied, "No; only we want you to get off your hor3e and lead it. It is too lame to carry you.' 1 Freedman then sprang off his horse and staggered towards them, and made a blow at one of them. He did not walk like a sober man. I believe McGinley struck him back. He then cried out "Police! police!" John McGinley came to me and said, "Don't you think, sir, we had better take his horse to the station?" I never saw the younger McGinley strike Freedman. If he had put his hand in the prosecutor's pocket I should have aeen him. He never mentioned to anyone that lie had been robbed. The prosecutor was, drunk. I believe the young men were doing an act of justice in what they did. — The Bench here stated that it was quite unnecessary for the defence to call any further witnesses, as they considered that the case ought never to have been brought to Court, and therefore dismissed it. The decision was received by marks of approbation by those assembled, which were immediately suppressed.