RESIDENT MAGISTRATE’S COURT.

New Zealander, Volume XVIII, Issue 1741, 12 November 1862, Page 5

RESIDENT MAGISTRATE’S COURT.

SATURDAY, NOVEMBER Bnx, 1362. BURGLARY. John Cummins was brought up on remand, charged with lawfully entering the house of Barnard Keane. The prisoner being charged in the usual way declined to say anything, and was then committed for trial. ASSAULT. John rill, mate of the Blundell, was charged with r vaulting William Heath; pleaded not guilty. UT.’Hf l *". Wynn appeared for the defendant. Heath, sworn: 1 am an ordinary seaman "'Winging to the Blundell. Last Friday week, about 8 or b o’clock in the evening, I was going towards the Wynyard Pier, and ho was coming Irom it. There were no words passed, but he hit me on the face with his fist unawares several times, and then said, “ I will let you know why you are not down at the boat when I come there.” Cross-examined by Mr. Wynn: I had come with Till in the boat to the pier; there were also the second mate and other men. No one remained in the boat when we came. away. No one was with Mr. Pill when I met him. The second mate was not with him. I laid the information on Monday. I did not go aboard the night of the assault. I went aboard on Monday evening. Mr. l 3 i!I refused to take me off on Saturday evening. The blow loosened one ol my teeth, and made one of my eyes swollen. I did not do any of the fighting. I did not like Mr. Pill. Mr. Pill did not take me bv the cuff and order me to go down to the boat. I Ic't Mr. Pill hit me, and did not strike him in any way. I kept my hands out of the way. Ihe second mate was coming down the hill after me, and the carpenter. It was not the duty of one of us to remain with the boat, because Mr. Pill had ordered us not to. When he struck me I <lul not say to him that it was by his orders the boat had been left. I only said 1 would make him pay for it. Complainant said he had two witnesses but they were not present. For the defence Mr. Wynn called Henry Macwilliarns, second mate of the Blundell , who deposed: I recollect on Friday week last going down to the Wynyard Pier. Saw the mate take the defendant by the jumper of his coat, and asked him why he was nut in the boat. The hoy was very cheeky about it. That is his general character. He refused to go to the boat, for I asked him to go myself several times. 1 don’t think Mr. Pill struck the boy at all. I did not sec him.

Cross-examined by complainant: I tried to get yon down to the boat; but 1 did not sec the mate strike you. By the Court: One of them should have stopped in the boat. I did not ask him to go into the boat before this affair. 1 don’t think he could have been struck without my noticing it. The mate might have given him a pretty rough shake. It is the duty of the one whose turn it is to stop in the boat. I can’t say whose tarn it was on this occasion. I don’t think the mate used more violence than necessary to get him into the boat. Case dismissed. ASSAULT. Jane Oliver, summoned to answer to a charge of assault, did not appear. Corpora! Smith proved the service of the summons. A warrant was ordered to be issued for her apprehension. NEGLIGENCE OE DRIVERS. Matthew Grace was charged, under the 17th clause of the Municipal Police Act, with leaving his horse and cart in Queen-street without any one to take care cf it. His Worship said this was the first information hud of this nature, but the offence was a very frequent one, and accidents were constantly accruing through it. In every future case Court will inflict the full penalty of •£5 in every case. It was high time a stop was put to the negligence of drivers in this place.