POLICE COURT.—Tuesday.

New Zealand Herald, Volume I, Issue 88, 24 February 1864, Page 4

POLICE COURT.—Tuesday.

ruefore Thomas Bocklinm, Esq.. CM.] UKEACH OF Till: TU'.XI'IKS ACT. Joseph Hunter was charged by Firth Wrigley, the turnpike keeper at Xewmarket, with evading llv payment of tho toll upon cattle liy driving them upon Government land round outside the (oil liar. The complainant not appearing the case was dismissed, and ill , . Boveridge, wlm appeared f°r t'"' defendant, claimed costs, bull lor the witnesses nnd solicitors. This (rave ii.':e to a longrtiicneil discission, Mr. Boveridge staling that ilie defendant had gone to an immense deal of trouble and expon.-i> in preparing to defend the ehaige, and thought he was fully entitled to costs.. The Court rilled that he would give his decision upon a-future day. Sim , DESEUTION AND CUIMPINO. John Perry, an articled .seaman belonging to the Bhip 'Chariot of F.iine,' was charged by .lames Gardiner .Selkirk, chief officer of tinit ship, with desertion from the ship on .Monday night, the _'Jn.l inst. Prisoner pleaded not guilty. James Gardiner Selkirk, sworn, stated : 1 am chief officer of the ship ' Chariot of Fame." At !l o'clock last evening our ship was hailed by some person on board the ' Swiltsurc-,' who said that one of our me:i was going down the side into a boat. I went to the port side and saw the boat pulling away ; I hailed it' but received no answer; I then sent Ihe *2n<i oilicer to her, who brought tho man and Ihe boat back. He had no clothe.3 with him. I gave the inn wlm took him away into custody. 1 Inst saw him on board about half-past six in the; evening-; he had no leave to go on shore. David Hough, sworn, deposed : I am second officer of the ' Chariot of. Fame.' Prisoner is an articled seaman on board. On Monday night 1 was sent bv the chief ofiicer to bring back tho boat that had taken a nuuiaway ; I did so, and brought Perry back. He said that he was only going i'a run hour's spree, and ■would come back; his clothes arc in the forecastle. The prisoner .stated that he hud no intention whatever of deserting, but that his cousin having come on board the ship to seo him, he was only going on shore with him for an hour or two's spree, mid that he intended returning with tho ship's boat at 12 o'clock. His Worship said that it hardly amounted to desertion, and should discharge the man on that charge; but the chief officer could lay another information, that of absenting himself without leave. The man who took him into the boat, William Thomas, a seaman belonging to the schooner ' Kami,' ■was then charged with being guilty of a breach of the Merchant Seamen's Act, by assisting and aiding in the desertion of John Perry from the ' Chariot of Fame.' His Worship : Of course this case cannot now proceed, because the desertion must be lirst proved : it is. only n case of absen'ee without leave. Tjiero is no clause in either the local or the English Act to provide for it Tinder the charge now being laid. The man must be discharged. Had the descirtion been proved, this man would have been charged Under the oth clause of the local Act, which enacts that any person harbouring or assisting in desertion is liable to a penalty of £20, or mx months'hard labour; and there was no doubt that had this, man been convicted, )io would have received the heaviest penalty the Court could inllict. .Captain Clarke, ' Chariot of Fame :' Then what protection can we have against coasters' boats coming alongside and taking our men away, a thing they are continually doing. His Worship : It is provided for in the 9th and 10th clauses of tho Merchant Seamen's Act, 1856, by applying for constables to be stationed on board to prevent desertion, and to prohibit the approach of boatfi without due authority; and the person convicted or" such ofleni-o is liable (o a penalty of £10. Captain Cliti-ke: I know tho man l'ei-rv would not dcsoi-t had he not had bad advice given him; he bears a vury good character, and belonged to the ifiival reserve at home. Had he asked for Ic-avn 1 would have granted it. I do net wish to press the other charge against him, if you will send him on board his ship. His Worship,; Very good ; the Commissioner of Polico will at onco see him put on board. With regard to the man Thomas, lie must bo discharged ; nnd as a. caution to others, it is to be hoped that the proceedings will be carefully reported, and show hsw the case fell to the ground. It is tho iirst, arid 1 hope it will be the laut of the kind that will comn before this Couit; bat if cno dew, U ay m.iy depend |

; upon it tho Court will inflict the highest, penalty , possible. It is a villainous practice to take men ! from their ships. I To the. prisoner: Vmi Jnv<> mrrnwly escaped a ilhcavv punishment, and i.jiii'l yon are never here , aiMiii upon siie.li « eh.-u-e. _ You are discharged. ■ ! ll'i'n Vvorship: You have nothing to thank the Com-: for. AlirsiVE AM) TIIREATrXIXO T.ANC'.VACE. ; ', Frederick tyrant was charged by W. J. Messen- ■ »v with usiiifi- abusive nnd rhrcateninjr bin,!Mnp;o , r<i«-ir<l> him, .--o that he was afraid he would do him -■(.me .'i-evmiis bodily harm. ! • iW.iMhint plead-'l not guilty; Mr. Bevcridge appeared on his behalf. "William John Messrn™er. sworn. Mated ;— ! am n • ■ butcher, residing in "Wakctield-street. (In .Saturday ■ . between » and !> o'clock in (he cveuino;. liyrant . ci.iu'e into mv parlour, and demanded payment for a | . bill, which I refused to pay. liyrant rq.hcd •' eu (In I not mean to pay the bill:-" t .-<> id " Cci-t-unly not He lu-Id up his «>t Hurl s.-ii.! he wo-ild break my N' :,,l "• ' . I my wife Hi.-n stepped in heiwei-n us. lie said "Never ! mind, r will wait Ujxm YOU, tlie first time 1 conn- ; , across von." Mv wile then took hold of him, and ; renuested him to leave the parlour; he went as ur as | " I the shop door, and here remained :ibpiithall-;in-honr; ■ I then went aw.iv to my hade premises. T really ! believe that the .1.-f-ndnnt. will do me some harm, and T believe that if my wife had nut been pro.M-ni, he would have done so then. (Ws-exiiinined by s!r. Ih-veridire. :—T !im afraid . of tho defendant, and that he v.-ill do me some bo.lily . harm. 1 c:i!!ed him no names I.efore he threatened [ me : afterwards 1 called him an '• impostor and a . hlaclcsu:n-d." 1 said nothinjr to him before. 1 have . . not seen him sim-e. I am afraid through v.'iiat ho '. said on that ocasion. I- Ordered to film tv. o sureties of C2.Vc:ich to keep the peace for three , months. DItrNKAKUS. Onielius r.illle. David Taylor, Timothv Haitnett, ■ .■•lid .lolm PntherlaiMl. rts. i-aeh'.m.l costs : John X.'ide. Kichard Vl.-teb. ; i. and < 'atherino (.Vllair, IDs. and j ' eosts or £1 hours' hard labour, and the two last named ; 1 7 days additional. | ' wn.rri. DiMVUKD'.rxn - to uwiti rosniAxns. I H.'iirv Collinewood. a seaman helon-j-iii": to the | ship ' Kmpress,' was rhar-ed by r ; .ptain l-'.lli-. "f that \ 1 I ship, with heir.- -uiltv of continued disobedience to i lawful commands, whilst uj.on the hi-h se.is. j 1 Ti:e prisem-v ],leaded not guilty. j ' CajitiMii Kllis. sworn, stated: lam master of the i ■ ship ' impress.' The prisonorisabl.. seaman l-10,,-- : in- t:i th" ship. lIV rofuseil to do his dui von the I ' Kith IVbniary. MU.'t continued >010 do iq, to t.!ie2'.>iMl. | " He stated t!i:it -he w.is .-id;." 1 had him examined : • by the army dorior on board, who declared flial he j • was fit for work, and an entry was signed by me and : ■ I the doctor to ih.at ."tiect. : I The case was hire re-ianded, in order to obtain ; ' j the evidence of the doctor. ;