POLICE COURT.—Yesterday,

New Zealander, Volume XIX, Issue 1762, 8 January 1863, Page 3

POLICE COURT. — Yesterday,

ASSAULT AT TUBANGA, Thomas Wren was charged with assaulting Joseph Kennedy with intent to do him grievous bodily harm, whilst lying on the high road at Poverty Bay. Mr. Beveridge appeared for the defendant, and asked for an adjournment to give defendant time to procure his witnesses from Poverty Bay. Mr. Wynn, for the prosecutor, submitted that as this was an indictable offence it was only necessary to make out a prima facie case, and the Court need only hear the case for the prosecution. Mr. Beveridge contended that be might be able to show that the case was only a trumped up one, that need not be sent to the Supreme Court. The Court decided to let the case proceed before deciding as to adjournment. Joseph Kenned r deposed: I live at Turanga. On 1 Saturday Bth November last I was there; } know the

defendant. I saw him about 12 o’clock on Saturday night. Had not seen him previously that day. 1 started from Turanga about five o’clock that afternoon, and went along the road leading to Makaraka. I had two horses leading. Having got Q miles, I made the horses fast and lay down intending to sleep till daylight. I lay there to the best of my knowledge about six hours. I was woke up by two horsemen, one of whom said, ‘‘Here he lays.” Rising from the ground to see who it was, I saw Mr. Skyrme on his horse, and the prisoner off his horse in his shirt sleeves, standing alongside of me. As I was rising up he hit me across the right temple with some weapon; I did not see what it was. I know the prisoner well. Have known him about 20 months. It was light enough for me to recognize him, and I can swear positively that it w’as he. The blow cut through the skin. It was not a very severe blow. After dtugging me down he bruised mv face all over, so that I could not see for three davs.

Cross examined by Mr. Beveridge: I had had a little liquor, but was not drunk. I drank about three bottles of ale. I had not seen prisoner for a fortnight before. Xo altercation had taken place betwixt us. I fell asleep immediately I lay down and slept till awakened by the prisoner and Mr. Skyrme. I had no timepiece. Mr. Wren made no remark. It was Mr. Skyrme who said “ Here he lies.” Those words awoke me, and by the sound of the voice ic appeared to me to be from Mr. Skyrme. When Wren found his blow did not knock me down he took hold of me by the breast and pushed me down. I was struck before I could get up to render any resistance. He beat with his fists on my face when I was down. lam not aware that I struck him or said anything to him. They were by me about a quarter of an hour. I can’t say be was pummeling me all the time. I was rendered almost insensible, and could not hear anything they might have said afterwards. I saw him standing by Skvrrne’s horse and they appeared to be talking, 1 cannot say what they (lid afterwards. He did not come back to me again. I lay where I was till morning, I left about seven o’clock and went back to where I started from the preceding evening. Re-examined by Mr. Wynn: William Benson saw the state I was in from the treatment I received. I don’t know of auv quarrel with him except three months back, when no one would take him over the water. By the Court: It was the last of the beating that rendered me insensible. The first blow did fully wake me up, but before I bad time to recover myself, he had me to the ground. That was the reason I was so passive; because I could not help myself. I returned where I came from because I was too blind to go on. I have never charged any other person with this assault. I did say in a letter to Captain Bloomfield that I had been waylaid by Bill Tarr and others. I could not swear that he was there, but he had been threatening me before I started. I did not mention Wren in the letter at all. William Tarr deposed : I live at Turanga. Know the prisoner and prosecutor. Recollect the evening Kennedy was assaulted. I was in the same house with Wren on that evening. Was in the house all night. Saw Wren there up to about nine o’clock in the evening. Can’t say if he slept there. Wren spoke to me about men that day. 1 had a black eye, and went up to Wren, who asked me where I got it. I said I thought it was Kennedy. Wren replied, he would punch his head for him. Cross-examined by Mr. Beveridge . I was drinking with Kennedy on that day. I can’t swear it was Kennedy gave me the black eye. Several of us were fighting together, and had black eyes and bleeding noses. We commenced about eleven o'clock and went on drinking and fighting till sundown. Kennedy was drunk.

Re-examined ; I was drunk by about two o’clock in the afternoon. By the Court -. After sundown I went up to Wren’s then. I did not see Kennedy after snndown. William Benson deposed : lam a seaman on board the schooner Queen. Was at Turanga in November last. Saw Kennedy on a Sunday early in November. His face was all swelled and he could scarcely sec. He could not quite open his eye. I saw him oh the Saturday previous up to about five o’clock. I saw him when he left—there was nothing the matter with him then. On Sunday he had a cut over his right eye, and a little blood on his face. It was not such a cut as could have been inflicted by a man’s fist. It appeared to have be' n done with some kind of a stick. Cross-examined : I saw him about nine o’clock on Saturday morning at Captain Reid’s station. I was working in the house. They had a few bottles of ale —that was all the drink I saw. Kennedy had a, few glasses of beer. I had none of it. Kennedy was neither sober nor drunk when he left. I saw Kennedy pitching into Bill Tarr, but Tarr did not strike him. This fighting was going on for about ten minutes. I saw no more. Kennedy said to me the next morning that Thomas Wren had struck him. He said nothing about being struck by Bill Tarr. Thorne was not there when he said Wren had struck him. Re-examined. —A man beside Tarr had a black eye. I am sure Kennedy had no marks on his face when I left.

By the Court.—T was quite sober all Saturday myself. Kennedy was sober on Sunday morning. .1 saw him directly he returned. He told me he had been struck by Thomas Wren when lying on the road, and very nearly killed. Tarrwas drunk on the Saturday,—far worse than Kennedy. Case dismissed, leaving it open for complainant to lay information for a common assault.

BREACH OP SPIRITS ORDINANCE. The case against James Senior for selling liquor to the Maories was postponed till Wednesday next. ASSAULT. —HOLT V. MACARTHY. Mr. Beveridge appeared for the defendant, who pleaded not guilty. Mrs. Holt, deposed: I know defendant. She lives in Chancery-street. On the Ist January, about half past ten at night, she came to my house and commenced breaking the things on the table. She afterwards whipped me about the face, and dragged me to the door. My husband and several other men were there. He did not interfere till I called out. Cross-examined by Mr. Beveridge: The men were eating some bread and cheese. There was a bottle on the table at the time. Defendant’s husband was amongst them. I don’t know if he brought the bottle with him. I can’t say if it was brandy. I did not ask him to come into the house to give me drink. I did not ask him to treat me. Macarthy went out and came back again before his wife came. I don’t know what for. Don’t know that it was for brandy. Mrs. Macarthy came there to demand her husband. No one held him. She said she wanted him to come out of the house because it was a bad house. The only thing she broke was the brandy bottle. She wanted to take it away. I did not try to prevent her taking away the brandy. I never touched her nor the bottle.

By the Court; I was sober. John Holt, deposed; Last Thursday night I was at home, sitting on the door-step with Mrs. Holt. Went down to Newell’s with defendant’s husband. He got a bottle there which he gave to another man who brought it into the house. Macarthy came in himself and got something to eat. Defendant came in and took the bottle off the table, and seized Mrs. Holt by the hair. I released her hair; and Mrs. Macarthy went away after calling her bad names.. She also struck her and tore her clothes very much. She is a dangerous character, and has been bound over to keep the peace to my wife before. Cross-examined: Before Mrs. Macarthy came in she called Mrs. Holt filthy names, and complained of her husband being there. My wife did not touch Mrs. Macarthy. Mrs. Macarthy was not bleeding in my house.

Thomas Moms, deposed; I board with Mr. Holt, in Chancery-street. On Thursday night I was sitting eating some bread and cheese. Mrs. Macarthy came and called her husband out: Then she came in and flung a bottle off the table out of the window, and seized Mrs. Holt by the hair, dragging her out of the house, and calling her bad names.

Cross-examined: They were scuffling together. I saw no blows struck on either side. I won’t swear that Mrs. Holt did not strike Mrs. Macarthv.

Richard Scherle partially corroborated the evidence of the last witness.

James McGinnis, private in the 40th regiment, examined by Mr. Beveridge, deposed; On New Year’s Day I saw complainant and defendant at complainant’s house, between 10 and 11 o’clock at night. I was standing with Mr. Macarthy when Mrs. Holt asked him would he stand treat. He said he would, and went into Holt’s house. I saw Mrs. Macarthy run out and say she would have her husband out of that house, and that she would not have her money spent. She then seized the bottle, and Mrs. Holt said she should not have her own way in everything, and seized hold of her, and between them they broke the bottle. They seized hold of each other, Mrs. Macarthy saying, she would have her husband out of the house, and Mrs. Holt saying, she should not. They continued having hold of each other till they were separated at the door. Mrs. Macarthy was bleeding on the cheek when she was brought outside. Mrs. Holt was the only one that used violence. Cross-examined by complainant: I saw you attack Mrs. Macarthy, and push her to the door. Maria McGinnis, the wife of the last witness, corroborati d bis evidence.

Mrs. Higgins deposed to hearing complainant askMacanhy into the house!

! His Worship wished he could punish both parties, 1 but as the defendant appeared to have been the | aggressor he must fine her 10s. and costs, 535. ASSAULT AT THE RACES. John Carey pleaded guilty to the charge of assaulting Joseph Roderick. Ordered to find two sureties in £25 each and his own j bond for £SO for his good behaviour for three months. drunkards’ list. Charles Gell, ss. and costs, or 24 hours’ imprisonment. Henry Spare, ss. and costs, or 24 hours imprisonment. James McPhee, 9 days’ imprisonment. Ann Shields, 9 days’ imprisonment. DESERTERS. Charles Montrose, apprehended at Mongonui by Constable Joseph Riley, pleaded guilty to being a deserter from the 40th. Ordered to be handed over to the military authorities.