RESIDENT MAGISTRATE’S COURT.

New Zealander, Volume XVIII, Issue 1742, 15 November 1862, Page 4

RESIDENT MAGISTRATE’S COURT.

THURSDAY, NOVEMBER 13th, 18G2 INDECENT EXPOSURE.

Timothy Sweeny, a stowaway in the ship William Miles, was charged with having on the 18th August, on board the said ship, unlawfully, wickedly, and scandalously exposed his person in tbc view of passengers of both sexes. Mr. Beveridge, for the prosecution, stud he had made inquiry into the circumstances of this case, and did not think they were such as he could ask to have the man sent for trial into the Supreme Court upon. He did not wish, therefore, to proceed with the present case ; but would lay an information for threatening and abusive language, so as to have the man bound over to keep the peace. Mr. Wynn, for the defendant, submitted then that the Court should dismiss the case with costs. The Captain had no right to lay an information on oath for an indictable offence, and then abandon it without a single witness called, and lie ought to bear the costs of the proceedings. The Court ordered the prisoner to be discharged. As to costs, under the circumstances, it had no power to interfere ; and as to the other information, the passage being at an end, and the prisoner no longer connected with the ship, it would he for the Captain to consider whether he would fear to walk about the streets of Auckland in consequence of the prisoners conduct. . . After some further discussion it was arranged tliat the man should not be further proceeded with, on the promise that he would not go near the vessel any more.

FRIDAY, NOVEMBER 14th threatening language.

A boy named Charles Hammond was charged by Susan Lacovay with using abusive language to her, and pleaded not guilty. Complainant being sworn, deposed. I am the wile of Francis Lacovay, living in Albert-street. On Monday night defendant came and insulted me shamefully. He called me a thief and everything he could think of. As soon as my husband goes out he comes and acts in the same way. 1 fear that he will do me some hat in if not restrained. Cross-examined by defendant. You called me every thing but a decent woman —a thief and a low-lived b—h. Ordered to find two sureties of £25 each for his good behaviour for three months. assault. Jane Oliver was charged by Amanda Amelia Oliver with assaulting her on Monday 3rd instant, and pleaded not guilty. Mr. Lee appeared for the complainant. Amanda Amelia Oliver deposed. lam the wife of Aitchcson Oliver. I know the defendent. She is my husband’s step-mother, and lives in the house behind my shop, and I dwell in the house behind her shop, which is next door to mine. To get to our own houses we have logo through each other’s shops. On Monday week as I was passing through her shop she pushed against me. Site was standing behind the counter just by the door, i came in by the front door. She saw me coming, and when I came in she pushed against me, followed me into my kitchen and abused me—threatening to take my life. I don't think she was quite sober. She has acted similarly two or three times before. My mother was present. "Cross-examined by defendant. 1 did not call you a brute. Sarah Ann S ni'.lt denosed. I live in Vinccnt-street. I am a widow and needle-woman. Complainant is my daughter. I know the defendant. 1 was present in complainant’s house last Monday evening. L saw Mrs. Oliver push complainant in a very rude manner, and afterwards i.t the kitchen she shook her hands in her face, and threatened to take her life. Defendant declined to say anything, and was ordered to find two sureties in £3O each for her good behaviour for three months. DRUNKENNESS. William Campbell and Edward Craigs were each fined ss. and costs for a first off;:tee within three months. LARCENY. Samuel Taylor, a passenger by the ship William Miles was brought up on the charge of stealing stores belonging to the ship. Mr. Beveridge appeared for the prosecution, and said he was afraid he should he unable to prove the theft directly, as, till the shift was discharged, the requisite evidence of the loss of the stores could not he produced. The prisoner had made statements which justified the Captain in proceeding the length he had done, but ho (Mr. B.) did not see how he could ask the Court t<> commit on such evidence as was obtainable at present. The prisoner was therefore discharged.