RESIDENT MAGISTRATE'S COURT. This Day. (Before J. C. Crawford, Esq., R.M.)

Evening Post, Volume XIII, Issue 75, 29 March 1876, Page 2

RESIDENT MAGISTRATE'S COURT. This Day. (Before J. C. Crawford, Esq., R.M.)

LARCENY. Axel Sorcensen was charged with stealing an opera glass from Captain Tizard, of the Warwick. The prosecutor now asked permission to withdraw the charge, and requested the Bench to send the prisoner on board. The request was acceded to. NOT DEAD, BUT DRUNK. John Sheehan was charged with having been drunk and incapable. He pleaded guilty. Sergeant Price stated that somebody told him prisoner was lying dead in Grey-street, but when he went to remove the body he found that he was only dead-drunk. He was fined 20s, or in default 48 hours.. THE TABLES TURNED. Charles McCarty was charged with drunkennes and disorderly conduct. He pleaded not guilty. Mr. Buckley -appeared for the defence.. Henry Sands stated that he was a police constable and' arrested the prisoner yesterday afternoon in Manners-street for drunkenness and disorderly conduct, and resisting the police; he had to procure the assistance of another constable. By Mr. Buckley : His disorderly conduct consisted in followiug me .about and trying to aggravate me ; I. did not offer to bet with him ; I did not offer to wager £5 that there was a better man in my jacketj acket than in his ; I was perfectly sober; I had not had many drinks during the day ; I had no drinks at all ; I may nave had two drinks of beer; I cannot say how many glasses of beer I had ; I cannot say how many drinks of gin or brandy I had ; I was not' drunk ; defendant pulled the neck button off my jumper; I have sewn it on since. No further evidence was offered for the prosecution. Sergeant Monaghan said he should not press' the case-, as he had reason to believe the constable had conducted himself very improperly. Mr." Buckley, for the defence, called Charles Rous Marten, who stated that he, with Messrs. Hammerton, George, and Curry, witnessed the affair, as they were going along Manners-street; he saw Constable Sands and another policeman apparently trying to make defendant go with them towards the Te Aro lock-up; defendant resisted, but not with any violence; Constable Sands then seized defendant by the throat, shook him furiously, and dragged him about by the hair, then kicked him violently about the legs : next, with the assistance^ the other constable, Sands threw defendant heavily, and- then getting on' him: took him again by the hair -and throat, and knocked his head a number of- times on the stones ; on witness and Mr. George reaching the spot Sands desisted, and then defendant, on being allowed to rise, went quietly to the lockup, and they followed as far as the door to see that no further violence- was offered; a considerable crowd had collected, and much indignation was expressed at the conduct of Constable Sands, who, in witness' opinion, was under the influence of liquor. The Bench dismissed the charge against M'Carty, who immediately laid an information against the constable. ASSAULT BY A CONSTABLE. Henry Sands, a constable, was charged with unlawfully beating and assaulting Charles M'Carty. Defendant pleaded not guilty. Charles M'Carty deposed that yesterday he met the defendant, who offered to bet him £5 ¦ that he had been longer in the colony ; defendant was not sober, and witness laughed at him, whereupon defendant knocked him down; witness went to another constable and asked him defendant's name, but he could not learn it ; defendant then took him into custody and knocked his head on the stones. Defendant, in defence, stated that he arrested M'Carty in the discharge of his duty; he had been blackguarding him for some time before he was arrested. His Worship expressed the opinion that it was a serious thing for a policeman to abuse his authority. Sergeant Monaghan said the police had no wish to defend the conduct of the constable. Defendant was fined £5 and costs, or in ; default one months' imprisonment with hard labor. v , il