POLICE COURT.—MONDAY. [Before THos. Beckham, Esq., R.M.J]

New Zealand Herald, Volume I, Issue 11, 8 December 1863, Page 4

POLICE COURT. —MONDAY. [Before THos. Beckham, Esq., R.M.J]

anil' DESERTER. Henry Taylor was brought up and charged by Captain Aitken, of the ' Queen of tho Mersey,' with deserting from the said ship on Wednesday night last, t.lio 2nd instant, by jumping overboard. l'risonor pleaded not guilty. Captain James Aitken, sworn, Rtated : I am master of the ship ' Queen of tho Jterooy,' now lying in tho Tort of Auckland. Fri;oner is able woman belong-

ing to the same ship. About 10 o'clock on the night of tho 3rd instant, I saw something in the water, and heard something breathing hard. I thought it was one of the Maori prisoners, and upon my challenging the object struck away from the ship- towards the ' Ilelvellyn.' I lowered a boat and pieted up the prisoner, who stated that lie had fallen from the head of tho ship. I then ordered him aft, and he refused, when I told the officers to take him aft he was taken by force. I do not know wh.'i'e his clothes wore at that time. The occurrence is entered in the log, which I now read, and is signed by myself and the chief officer. Prisoner stated that he had fallen from the head of the ship, and that owing to the tide running so strong he was unable to fetch the ship again. Ilia Worship ruled that the evidence was not sufficient to convict him for desertion, for possibly ho might have fallen overboard, but that another information might bo laid against him for disobedience to orders. Captain Aitken stated that he had two other charges to lay against him. Prisoner was then discharged, but will be brought up again this (Tuesday) merniug on the other charges. ASSAULT ON BOARD TIIE ' QUEEN OF THE IIEBSEY.' William Hill and Joseph Matthews were also charged by Captain Aitken with assaulting him whilst in tlie execution of his duty, on board tho ship ' Queen of the Mcrscv,' on Wednesday night last, tho 2nd instant. Joseph .Matthews pleaded guilty, and William Hill not guilty. Jinncs" Aitken, sworn, deposed : I am master of the ship ' Queen of the Mersey,' now lying in the port of Auckland. The prisoner is an articled seaman 011 board. After the last prisoner (Taylor) had been taken aft, the crew came up in a body, and amongst them William Hill, who apparently was the ringleader and spokesman. I was then struck behind both car:s. I felt the blows but did not see him strike them. He was standing close behind me. I now read the entry in the log. Prisoner was 0)1 the sick list, and should have been in the forecastle at that time. Alexander Muir, sworn, stated: I am tide waiter on board tho ship ' Queen of the Mersey,' and was on board on the night of Wednesday the 2nd instant. I have seen the prisoner Ilill on board. I recollect a man named Taylor being picked up and brought on board that night". When Taylor was being taken aft, the prisoner Hill and another came from the forecastle, and interfered with the captain and officers in the execution of their duty. Saw prisoner strike tho captain 011 the back of the head. lam certain that was the man. I saw the captain struck once, and I am certain it was Hill, because I took the light from the steward and looked in his face. Thomas George .Steer, sworn, deposed : I am cliicf oflioer of the ship ' Queen of tho Mersey.' I know the prisoner Ilill ; he is an able seaman belonging to the ship. I saw him about 10.30 on Wednesday night, the 2nd instant, standing behind the captain ; it was where Taylor was brought up on board. I saw him raise his hand three times to strike the captain, but whether the blows reached him I do not know, for I was seullling with Taylor. Prisoner was standing close behind the captain. Il is Worship stated that there was not the slightest doubt of the assault having boon committed ; and what made it more glaring, they actually left their beds to come out and raise a mutiny. He should order them to be imprisoned in the common gaol of Auckland for twelve weeks, and kept to hard labour. LAiicnsr. Wiliam Stone, a Waiuku volunteer, who was only acquitted 011 a charge of larceny at the Supreme Court on Thursday last, was again brought up and charged with stealing, on Sunday morning last, from the dwelling house of Mr. Ilolt", Chauecry-street, a silk handkerchief, value 7s. 6d. Prisoner pleaded guilty to taking it, but believed it was his own property. John ITolt sworn: I am a lodging-house keeper residing in Chaneerv-street. Last Saturday night prisoner slept at my house, and got up next morning at 0 o'clock, and came in again about 7 o'clock. I had left some clothes in a handkerchief 011 the sofa where he slept. During the time I was lighting the fire, he said good bye and went away. Soon after I missed the handkerchief, and upon searching for it I thought that the prisoner must have taken it. I afterwards discovered it at Mr. Doyle's, in West Queen-street. The handkerchief produced is mine, for I can tell it easily. It is worth about 7s. Gd. The policeman tool; it from Doyle's. Cross-examined by prisoner: I have no tilings belonging to you in my house. Thomas Doyle, deposed: I a:n a general dealer residing in West Queen-street. I never saw tho prisoner before last Sunday morning, when he came to my house about a quarter to eight, and said lie was a stranger, and wanted some breakfast. He then wished me to buy a handkerchief (the one now produced), and I said I do not want to buy your handkerchief, but rather than see you go without your breakfast, I will give you Is. Gd., and you can come on Monday and get it back again. The policeman then came up and took both prisoner and tho handkerchief away. He is dressed the same now as then. Patrick O'llara stated: I aui a constable in the Armed Police. From information I received I went to the lust witness's house, where I met the prisoner and upon my asking him where the handkerchief was that he had stolen out of Holt's, he replied, I have taken no handkerchief. Mr. Doyle then handed over this handkerchief to me in prisoner's presence. It has been identified by Mr. Holt. Cross-examined by prisoner: I did not ueo you hand the handkerchief to Mr. Doyle. Prisoner in his defence set up another lame story, as 011 previous occasions, saying it was a hard case to accuse him when he was not- guilty. Ilis Worship then lectured hi:tt severely, informing him that he had escaped three times from conviction, but should not now. It was only last Thursday he was liberated from the Supreme Court: But he had not done his work so adroitly this time ; his very denial of having taken or sold the handkerchief convicted him. Upon looking in the calendar he found him brought up previously on the following charges:— July 5, 18(i2—charged as John Stono with stealing a quantity of beef from Joliu Adeane, discharged. September 29, ISB3—charged before tho Waiuku Bench, with stealing a martingale, one month's imprisonment. December -1, ISG3—charged before the Supremo Court, with larceny committed at Waiuku, acquitted. He should sentence him to three months' imprisonment with hard labour. DRCNICARD3. Samuel McCullock aud John Ditchen, Ist oQ'ence, each ss. and costs, or 21 hours' imprisonment with hard labour. Barbara Walker, 3rd offence, and Mary Kearns, sth offence, 20s. and costs, or 4S hours' hard labour, and seven dava additional.