POLICE COURT.—Monday.

New Zealand Herald, Issue 81, 16 February 1864, Page 4

POLICE COURT. —Monday.

rnclims Tho*. lleckhum. 11. M.J in:KAeu::s or tiii: "ti'usimkk act." His worship proceeded to give judgment' in the casus of Firth Wrige'-y r. (Irigg, mul same i\ ]lainlin. He remarked that upon looking over .several cases docided by Justice Grose and others, it was plainly laid down when the animals changed owners after pas.-dng through, the now owner would have. to pay again u}>on theirjretuming. ]»ut the information had been laid wrongly ; it accusrd the defendant;* with frau<iu!crity evading the toll, by passing cuttle through without paying; now that they had jmt attempted to d'-' i-ivr the phiintiff, lor the defendant told him that there w t -ir his property, so there was no fraud whatever, and the eases must be dismissed, each party pay ing their own costs. rNMrKNsr.n CAM'. Tn tlie case of the City ]->oard r. (J. 11. Chcesemjin for reinsir.g to take out a license for his cart plying between Auckland and Onchnnga, Ilis Yvor.-hip remarked that after mrclully considering the he could not see that they could compel him to take out a luvnso without proving that h? plied for hire within the limits ot the city, or that Onchnnga was a municipality, and that the tame ads were in force there, even in that case Mr. Cheeseman would have to take out a license at each place, which would not be fair. The case must be dismissed. NATHAN r. r.Vll'T. This was an action io rerovr tho sum of Cot, amounts due to the plaintiff as gu.*«rau(eo for [he passage money of certain persons from London to Auckland in one of Messrs. Shaw, .Savillo vV; t'o.'s ship--. Mr. 3/en-imni: appeared for the plaintiff, and Mr. Lcveridge for the defendant. Mr. Merriman handed in a document signed by the defendant, in which lie guaranteed the muu of fer tiie passage of a man and his wife from Loudon to Auckland, paye.ble on their arrival. dames l»uit, examined :—The document produced i- signed by me ; Mr. Nathan lias applied to me for the passive m«»ney ; I have 1 lot paid it ; Mr. Nathan liist clainif d ,111) but agrcf d to wrept £'A-\. Cr(>ss-"\;nnined hv Mr. iievcndjie:—The postscript was written by Mr. Ilolden. clerk to Jlr. N;il]ian. The postscript says u L:»nd Ordcis in favour of blank," b-ut I told him that they were to be in my favour. I have nnt n-eeived tho land orders; I do not know whether they have been made out in my name. Ti;e parties were brought out partly on theirown account, and the land orders were to be made out to me as security fur tho remainder. I do not know what vessel they came out in. He-examined hy Mr. Merriman :—I have applied to .Mr. Nathan for the land order*. Havid Nat ha i:. deposed ■ I am agent to Messrs. ' f*?hnw, Savill u' Co., of f.rndoit, and they ;ne my airents. 1 have rcceiveil this document lVnm Shaw, ' *Savill A: Co., and I pi evented it to Mr. Hurt ; he ohj< cted to pay the passage money, saying it was too high ; i lhen agm d to take the guarant.e, and forego the rest, but he r«-fu?ed, concerning the land ordi rs or sonn-thing. Tin- passengers ariiwd in mu! of Whaw, Savill Oc t'o.'s ship-;—the * Jloinbay Ciuicjrshank, .Smart & Co., were her agents, but the passengers came out to me. Cross-examined by Mr. lUveriilge:— I know that they arrived in the 1 Bombay,' Mr. .Hurt told me m>, ] and [ told him that the pas-enters were coming in that ship. 1 did not see them on board. 1 will swear thai they eame in the ' IJombay,' but I do not know what part of the ship they were in. The Meerage parage money from I'higland is from .CIJ t>» J;ia. If ?dr. Jiurl paid Ch*.? p;i*s.»go money and applied at the Land Oi'iice. he would get the land orders, but not before. 1 urn certain that iShaw, Savill i.v Co. received no money in England on the man and woman's account, but they were paid f«»r some children and freight. \ only want the money I went guarantee for, that is I. Mr. Burt, recalled and examined by Mr. Beveridge : —Mr. Nathan presented me a £-10 bill of exehange, and I said it was a mistake. He said the money w;;s payable whether the ship had arrived or not. I never authorized lunet.s to draw upon me fur £•10. After Inness arrived I saw Mr. Nathan again, and told him that as he had charged such an cxhorbitant rate above the guarantee, I declined paying, particularly as he stated that LIT per head would he the very oiit.-ide. L also t»*1<:1 Mr. Nathan that lnne-s would pay the remainder, and Shaw, Saviil «.V Co. would have to wait, and that it was apiece o; swindling on the part of Shaw, Savill Co.. and that 1. would expose them ; they took advantage of tin; man's ignorance. Judgment for the plaintiff for .£'U, the amount of the guarantee, but Mr. Nathan to procuro tho land orders for tho defendant. HAUHOUUINO AND CONCKAMNG IiKSKUTKItS. Captain James Nichols, of the ship ' Uainbow,* was ciiargcd by Captain Whitbrcad, 05th liegt., with having, in tho month of January hud, harboured and conetalcd certain dcpoiters named George Green, Lumb, James "Wilson, William Culderbank, John Cooper, and John Beachum, knowing th" s.ime to be deserters, contrary to tho provisions Slst clause of the Act L'y Victoria, chap. o. Mr. Wynn aiipeared for the defendant, who pleaded not guilty. John Cooper, sworn, stated : I am a private in the Boy a I Kngincers. I know the defendant, .lames Nichols, ho is the mastor of tho American whaler ' Rainbow.' I iii>t saw her in tho .Kawiui, in February, 1800, wliero she wan shipping hands. 1 was taken on board ot her there by ono of her runners. I saw some of the crew on board, also the captain that evening. The next morning 1 was taken into his cabin, when lie gave me a glass of brandy, and J signed my name to a piece of blank paper; it was to serve on board his ship. I do not know whether there was writing on it or not. The ship went to :?ea about the 22nd, on a whaling voyage. After she wa.s about, eleven months out, we went to Norfolk Island. lVcviotiH to that J told him I was a soldier. He said, " 1 am neither h Queen's scrip nor a spy, and I will take rare no one shall hurt a hair of your head." He also wished me, as well as the other* live deserters, to sign a paper, io land a man on tho island, jeeiiu.so Ji■ i fl:n;:iteiicu to inform upon us. I went nn slum) at Xori'nlk Island; und pive up to the niiii;istr:dc. Captain Nichols then ovdeml mi,' to Lo put in prison. All I'om- of us on tlion; gave up; tlnjy were Heacham, Collins, and Calderljank. "VY'o wero put into prison. We wore tlu:n taken on hoard in irons, and he said " he would talk to us when he sot on hoard the other men heard him say so. That night he sunt me and Calderbank forward, ami kept the other two in irons. Nothing more Wiis -;tid until \ve came into Auckland. Tho siiip did nut tome direct from Norfolk Island to thiif poll. I peri'onned my duty on hoard. The we arrived in port the police came on hoard and took us ashore. Cross-examined liy Mr. AV}Tir.: I sliippcd under tho name ot .Toeepli I /ii-st told Ca]>tain Nichols J was a deserter, and y e him mv real name, about a week before wo arrived «t NorfolkIsland. \\ o met a vessel named the ' Daniel Wood,' several times, and I wished to exchange. I told him that I was a deserter, and that was wliv I wanted to exehango. Captain Xichoks ilid not sa'v, if he knew I was a deserter lie would not have "talien me 011 board. We were taken on hoard by the magistrate at Norfolk Island. I have given no information against, Captain Nichols. Calderbank, liceehain and Collins shipiied'when I did. Calderbank shipped as ■Smith, Iteecham as Edwards, and Collins as Adams. I know nothing about the others, only myself. The other two 'men were kept in irons until arrival in Auckland : they wore .Edwards and Adams. Capt. Nichols told me he woidd not fay anything aheut ni'.:. Another, named ■Smith, and one named Parr,

was shipped with inc. T will swear that-1 did not say if Captain Nichols would talcc mo to America 1 would work for notliing. I am now undergoing sentence of 131 days imprisonment for desertion. "William C'alderbank, sworn, staled : I am a private in the 11th 1 know the last witness, Cooper; he is a soldier in the Royal Engineers ; I saw him at the Kawau on the 20th January, 1863. I know the ship * Rainbow 1 h;iw her at the lvawau in January : Captain Nichols is the. master; he is now in Court. I was taken on board of lier by a runner named Portuguese Joe. Two other soldiers were taken on board with me. Upon getting on board wc went below, and next morning we were taken before (.'upturn Nichols, when lie asked us would we tike to no whaling lor ten or twelve months, and we agreed to go. day tin; ship went to sea, and proceeded j to the I'ijis, and then the next port was Norfolk Island. Upon arrival there we wont on shore for meat; Cooper went with me in boat, and some of the whalemen. "We stopped on the island, and pave ourselves up to the authorities as deserter*. Another deserter from the ' Harrier,'and Beeeham, showed the letter " D " to tho magistrate. After being in gaol fur a week, Captain Nichols took us on board again. Cooler and me were put in the poop fur three hours, when the captain asked me what made me give myself up. and t said I only did what was right. Two months after we were out f told Capt. Nichols that 1 belonged to the 14th Pegt. After | leaving Norfolk Island we called oft* the liay of Islands for letters, and came direct to Auckland. Six hours after arrival the police took us ashore. 1 am :;till i:i confinement, but have not been tried by court mailed. Cross-examined by Alr. AVyvm : When tlie police came on board 1 denied being a deserter. "We walked about three miles into the bush at Norfolk IMand, intending Io return in a few days; we had no liberty logo. The vessel was humpbacktng oil' and on for two months. We then pave ourselves up to the ; authorities. Wc left Norfolk Island about three months ago. I shipped as William Smith. 1 told Captain Nichols I was a deserter because he asked me. Py the Court : "We several times met- English vessels, hut were not allowed to go on board. Pobert Caul, Mvorn, deposed : I am an American, and belonged to the ship ' Rainbow. 1 I left the ship five days after a twelve mouths' cruise. I know the two former witnesses. They went by the name of Collhigwood and .Smith on board. I first saw them at the Jvawau, where they came on board ; they four or five days before she went to sea. After touching at the Fejces we went to Norfolk island. They went on shore there, left the boat, and were afterwards brought on board in irons. Two were sent forward, and two were kept in irons | because they gave themselves up, and wrote two letters, whieh the captain got possession of. I do j not know for certain whether Colderbank told the! captain he was :\ deserter, hut I know he wanted to exchange to ihe 1 Daniel Wood/ for what reason I do j not know. i Mr. Wynn did nol this witness. j 11 is Worship hen* asked the counsel for the dc- j fendant wheiher he had any v.itnesr-es to call. I'rotu 1 what be ((.iddbear the evidence of the remainder of j the witnesses for the prosecution was of the same j tenor as (hor-c already examined, and there was ; nothing there to commit. .lie thought, therefore, that it was not worth whiie to occupy the time of the Court longer than netessary. Mr. Wynn said he did" not think it jecessavy to \ examine every one as far as the evidence, had gone as yet, but to show that Captain Nichols did all ih his power to give them up a> soon as possible, and thus loftily Captain Niehol's charade. .He should call upon Mr. Nauiihton, who being sworn, s-tatcd: 1 am the Commissioner of Police. 1 received the letter now produced from Captain Nichols, between nine and ten o'clock on the morning of the 27th January last. 1 immediately sent a party of police on board, and apprehended liiem. 1 have known Captain Nieliol for some years, and he bears an excellent character in this port. The whole of tho men denied being deserters when apprehended. Jfis "Worship ,remarked that the information was laid as harbouring and concealing them, knowing the same to be deserter*. Now the point was, <iid lie know them to be deserters ? thevidcuee was far from proving that he did. .Resides, the evidence of men who had shipped under fictitious numes, served in the shi-ji for nearly twelve months, then tried by Court -Martial, and now undergoing a sentence for desertion : men who had broken their oaths, for when they enlisted they swore to >eive the Queen faithfully. Thou, ajain, it appeared that the f;r>t port they touched at where there were European authorities was Norfolk Island, and it was not likely the captain was going to give up the men there, when he himself v.as coming on to Auckland. Had it been actually known they were deserters, he would most a-.-ure<dy he liable »o a penalty. Then, again, it bad I been stated in Court that Captain Nieliuls acted in the most hones! manner, by communicating with the police imi,mediately, and giving the men into custody. He no doubt discovered thai he had a 1 ad lot of fellows on hoard, and thought the sooner he got rid of iheni the better. Mr. W\nn stated that he could further prove that the captain hud no occasion whatever to put into this port, but he did .-o purposely to give up the deserters. Jlis Worship then remarked that no wilful concealment had been proved, and therefore the ease must be dismissed. The Court was densely crowded throughout the ease, a huge number of our merchants and leading men having assembled to hear this unliable attempt on the paat of a few disappointed deserters, in bringing a chiuge of this nature against a captain long known amongst us. and highly esteemed by all who have bad the pleasure of his acquaintance. Great satisfaction seemed to be felt on hearing the decision of the Court. ASSAL'LT. Elizabeth Pearson was charged by Esther Hoben with violently assaulting her on Monday evening, the <Sih instant, hv striking her in the face with her ' list. .Mr. "Wynn uud Mr. .lieveridge appeared for the complainant, and Mr. Prookfield for the defendant, who pleaded not gnihy. Esther llobeu deposed: I am a servant at the Auckland C!uh. 1. know the defendant Mrs. IVar--7 son. I recollect this day week ; L walked home with Mr. Pearson from my brother-in-law's house in 1 Chapel-street—John Iloskill is his name. 1 left there about nine o'clock in the evening ; t had been there about a quarter of an hour. During my stay, Mr. ; Pearson, the defendant's husband came in. .ile accompanied me home; we iame down Wyndhamstrect, and along Queen-street. L'pon reaching Mr. I kjomorville's corner, I was surprised by a. woman " coming behind me pulling my hut oil', ami poizing me L by the hair of my head ; she then bent me in the " face with her list, giving mo a black e\e. Iliad done nothing but walk home with her husband. She said \ nothing io me lirst, neither did I speak to her before or alter. Defendant called me some names. Two ! young men then accompanied me home ; they were ; acquaintances of my brother-in-law. Cross-examined bv Mr. Brookiield : I had never seen the defendant before. I knew her husband J. about live weeks. Mr. Pearson was perfectly sober at > the time. "We were walking arm and arm, at his rc"t quest ; it was not very dark at the time. 3 did not [ see any harm in walking arm in arm with him; he j- had accompanied me before that. I liy the Court: De had taken me home three times j before, but I was iii company wii.li others also. I [ only look his anil once, that was the night in queilion. [ liy llr. Wynn : I did not know whether Pearson i was a married man or not ; 1 never afked him, and . he never (old me. This was the whole ease. Air. ilrookfiold, on hehalf of the defendant, niainj tained that thero should be allowance made, as the 3 assault was perfectly justifiable, for the young woman I her.-elt staled that she had been indiscret enough te I walkout at a very late hour of night arm in anil wi(!i l" ] another woman's husband, and naturailv enough a deal oi irritation was aroused. iie admitted the 1 assault was committed. j The JJeueh was of opinion that allowances certainly should be made, for lio doubt the assault was eoin- ' mitted just at. tho moment, and that it was caused » through a sudden tit of jealousy. Hut still no blame could be attached to tlie plaintiff. Pearson was onlv 1 accompanying her safe home, and she did not know ! whether he was a married man or no:. A nominal line, however, must be iullieled, as a caution to the • public that, Ihey must not take the law into their own hands. It was a pity that tlie ea s e could not have been settled out of Court.' The defendant must pay l()s. and coats. M'.SEKTJiktf. Pobert. 'iavlor, articled seaman belonging to the siiio ' Chai iul oi l ame/ pleaded guiity of having

deserted from thut ship, and wan sentenced to 12 ] weeks hard labour. John MarLin alius John Kilfoile, was charged with being a deserter from the 70th regt. lie pleaded not guilty, and was remanded until this morning lor the production of evidence. Charles Kobinson pleaded guilty to lmving deserted from the 40th regt., and was ordered to be handed over to the military authorities. James Healy, George Mayies, and John Kennedy, first ottence' ss. and costs, or twenty-four hours hard labour* James McPhec and Margaret LJramsbury, fourth olfence, 20s. and costs, or 43 hours' hard labour, and seven days additional. LAKCIO'Y. The younir man apprehended at Otahuhu, on the charge of stealing a quantity ot jewollry, «&c., from .Lieutenant Jackson, 18th regt., was placed at the bar, but at the eequest. of the Commissioner of Tolice was lvmanded until this day, in order that a return lnes?age might be received in answer to the telegram for--1 warded to Lieutenant Jackson. The prisoner had just been discharged from the ! Militia Volunteer?!