POLICE COURT.—Friday.

New Zealand Herald, Issue 1, 14 November 1863, Page 1

POLICE COURT.—Friday.

[Before Tnos. EacKnAM, Baj, avf ] ABfIAULT. Neill Hendry was charged with assaulting Daniel Seller# at his residenoe ou Wednesday night last. Mr. Beveridge appealed for the defendant who pleaded not guilty. Daniol Sellars, sworn, itatod:—l »m master of the schooner 'Tatiranga,'. lying in Auckland hsrbomr. On Wednesday night last I was in bed at my residence in Wellesley-street. It was betweca 8 and 9 o'clock and ho roused mo oat of my bod. The prisoner is a master mariner and formerly run a vessel belonging to mo and Mr. Macky. Ha wes formerly J in iny vessel. I asked him what he wanted, and ho replied he wished to speak to me. I said I was very sleepy and would see him is the morning at Mr. Macky's oflloo. Prisoner then abused raa and tailed me several names and swore at ma. I asked him to leave tho house, and ho would not. I then took him to tho door to put him out when he struck mo on tho eye, tho mark of which I have bow. also assaulted mo yesterday on the wharf. Cross-examined by Mr. Beveridge:—3everal persons wore present besides my wife when he struck me. I struck him (prisoner) and cut his face with mj list, but tliat was in solf-defcuc©. I struck him with nothing else but my fist. I only struck him oace or twice, but did not punish him very severely. I did not use bad language towards him, but simply baked hiia to leavo tho house. Thct marks on prisoner's lace were caused by my list. I had nothings what-' over in my hand. Edward Sellars sworn, stated :—I am a brother of the last witness. I was at his house on Wednesday night last. Tho plaintiff is my brother, and tho defendant is our oousin. Tho prisoner and mo went to Daniel Sellars' house, when ho, tho oomplainant, got out of bed, when tho prisoner and Sellars had a quarrel. Tho two then oommonoed &gUting with saucepans, lion bars, and candlesticks. I was struck with a candlestick on tiho head, tho mark of which I now show. Cross-examined by 'slamtifT:—l did not defy you, nor say that we would give you a hammering. By Mr. BercridgO!—l do sot know who struck first, but I saw ray brother take everything that came to his hand to strike Hendry with. I did not hear any bad language used by tho prisoner towards plaintilfl Maria. Falconer Samuels being called, deposed:—l was ct Sellars' hou*o on Wednesday night last. That evening .'Hendry and E. Sellars came to tliehousoand said they wanted to eoo Sellars. I went to tho bodroom and told him, when' ho replied tlwt ho would see them in tho morning, which I tcid Hendry. Then prisoner went to the door himself and insisted upon sealing tho oomplainant. Sellars than oame out and afterwards had a quarrel, and oallcd each other bad names. Daniel Sellars then got up and struck Neill iloudry ill tie face with his fiat. Cro»s-examino:l by plaintiff:—You did not put him out until'after you struck him. You struck him first. You did ask him to go out, and after you put him out you followed and sU'uck him with a canalo«tick. His worship then remarked that tho evidence of the two last witnesses wero in complete opposition to his own, and the statements given by him (the prosecutor) wero contradicted in every way, and therefore the ease oould not proceed any fqrthor, aad ho would diaiii lit :it accordingly. DBUNXAKDS. Samuel Glencrogs, for a first ofTcnee, was ordorod to pay ss. and oosts, or 24 hours hard labour. Martha Glcnoross, second offauce, 10*. and costa, or 48 hours haid labour. Honry W. Nappcr, first offieasa, 6a. and costs, or 24 bouts ha*3. lubou*. Catherine Quinn, socood oflixnca, 10s. aad costs, or 48 hours imprisonment. Sarah Cooper, for her fourth offence, was mulcted in the sum of 20s. and costs., ac 4S hours hard labour and seven days additional.