POLICE COURT.—Friday.

New Zealand Herald, Volume I, Issue 121, 2 April 1864, Page 4

POLICE COURT.—Friday.

[lid'ore Tlios. Ileckhum, Esq., U. M.J ASSAULT. The case of Taylor e. Flowers, for assault, was remanded until this day, (Saturday). iiiii:.u:u or tui; siii-:i-:i' act, 186:s. •lolin Scarrott was charged by Mr. F. C. Lewis, Inspector ol Sheep, with being guilty of obstructing him (the siiiil Inspector) in the discharge of his (lutv on the 22nd ult., contrary to the provisions of tile above Act. •Mr. Wyim appeared for the complainant; Mr. Mcrriman for the delendeiit. Mr. F. C. Lewis sworn, stated : -On Tuesday, the 22nd ult.., 1 went with Mr. Shepherd to Mr. Scar-l-ott's house in order to inspect some sheep he bail in a lieltl close hv. Fpon my meeting him, he wanted to know what power or authority I had to go on bis land to inspect sheep; 1 replied, as Inspector of Sheep I could 'in alii where : he said " I do not believe it." 1 asked him ii' his sheep wen- scabby, ami be said he did not know, but was going to dip them again. 1 then asked him if lie would go with me and inspect them, and he objected lo my inspecting them. 1 then left the place with Mr. Shepherd, and returned auaiu about ii\e minutes afterwards. Mr. Scarrott again came out of the house, when I saiil to him

•' Now I inn going to inspect your sheep" ; and he again replied "1 object to \our doing so." 1 then told him " Mr. Searrott, if you obstruct me in the performance of my duty, you are liable to a line of 'JoO." fie made no reply. Mr. Shepherd and lnyst If then went to where the sheep where, Mr. Scarrott following and again objecting to the inspection. I told him, " I do not care for your objection, but will inspect them, and quickly find the scab on the sheep." ile replied " um arc not going to inspect tlictn, or drive tin in up, and 1 now order you oil' my land.' lit- spoke in a very determined and authoritative tone of voice. In conseotn lice of bis order 1 lelt the field, ill the same time telling him he was acting very foolishly. From his manner and tone I believed that if 1 liiiti persisted in the inspection it would have led to a 1 rtach of the peace, and therefore lelt the field on that acMinnt. 1 did not inspect the sheep beeause 1 knew it wonlo lead lo a tpiarrel between lis. 1 could noi perioriii my duty as Inspector on that occasion.

Cross-examined by Mr. Mcrriman: Mr. Scarrotl said be would go as far as be could in the ailair. 1 said I wanted to inspift bis sheep, but did not say it was with reference to a former case ill this Court, but I nmv have alluded to it in the course, of conversation. 1 did not say I was going to rip up the old case. If Mr. Scarrott hud admitted that they were scabby 1 might not have taken any more steps in the matter, because 1 knew that be would have cured tl. l cm, but lie said they were not scabby, and then 1 was determined to inspect them, Mr. Scarrott said he was preparing some wash to dip them again, whether tliev Were scabby or not. I alluded to Mr. ScarrottV attorney's impudent tongue on the former occasion in this Court. Mr. Shepherd was present the whole time.

Charles Shepherd sworn, stated: 1 reside at Mangarci. I recollect going with Mr. Lewis to inspect Mr. Scarrott's slnepon the 22ud ult. 1 saw 51 r. Scarrott there, and Mr. Lewis told him that ho had come for the purpose of inspecting his sheep, and defendant objected to his doing so. Mr. Lewis then said I insist upon inspecting them, and Mr. Scarrott again objcciid. This conversation took place at defendant's house ; some sheep were in a paddock close to the house, and 51 r. Lewis and myself went towards them ; 51 r. Scarrott followed us, and again said "1 object, to your inspecting them, and order you off my land." Mr. Lewis then saiil "I will leave, and not inspect them, as you have ordered nie ofl." Mr Lewis said he would' not have gone to inspect tliem hud not Mr. Scarrott said that they were not scabby.

Cross-examined by Mr. Mcrrimau: Mr. Lewis rotle through the sheep, and said he would find something more tliun shear marks on them. Mr. Lewis said lie went to see if they had scab, and thai if Mr. Scarrott. admitted they were scabby lie would not inspect them.

Mr. Mcrriman, for the defence, addressed the Court at some length, contending that the whole case arose out of spite on the part of tho Inspector in consequence of his having been floored on a former occasion in this Court. The Inspector went there not in the execution of his duty, but. in excess of it, and to amiov Mr. Scarrott. It arose from a little pique on the part of Mr. Lewis, and lie hoped the Bench would dismiss the case.

His Worship, in reviewing the case remarked that the duty of the Inspector was a very disagreeable one, and one that, was bound to be studiously carried out for tile benefit of the Province. lie certainly had lost n cuse in this Court on a previous occasion, but that was no reason why he should have gone again through spite, at any rate the defendant had no right to obstruct- the Inspector in his duty, he should have let. him inspect, the sheep at any rate. He slioidd fine him .L 5 anil costs. LAKCENV. The native Te Keri, who for some time past has been on a'emand on the charge of larceny through the absence of the prosecutor, was uspiiu brought up and discharged, in consequence ol the Commissioner of Police despairing of ever llnding the native who laid the information. RKMAXDISD CASK. Thomas Leelan, a man belongiiiit to the Transport Corps, was again brought up anil charged with stealling a quantity of clothing. Ac., the property ol John Leslie, and of the value of £12. John Hilly sworn, stated: I reside in Chancerystreet. 1 know the prisoner, and also the person present —Mtirv Ann Leslie. After her husband went to the front, the prisoner and the woman came to niy house. Ilcr husband (Leslie) had rented a room in my house, and the prisoner and Leslie's wife came and lived in it. Leslie put all his boxes in it. He went away to the front almost directly after taking the room, and left his wife there : at night she went out and returned again with the prisoner, and they lived together there about a fortnight; there was only one bed in the room, and I know tliev slept together. T wanted tliem to leave flic house, but they would not. They then moved to West Queen-street, and took Leslie's boxes with them.

Cross-evainiued by prisoner: You were working along with me for several days,

Constable Charles Clarke deposed : I apprehended the prisoner at Mercury Bay, 011 the 23rd ult. He was living in a whare with the woman Mary Ann Leslie, the prosecutor's wife. He hud tho.-e hoots on at lilt; lime (boots produced), and the prosecutor hus identified them as his property. I searched the house and found all the articles now produced there ; those articles were all identified by the prosecutor as his property. . j Prisoner being charged in the u'-ual manner, said : I On the evening of the IGtli February, 1 came into j town on pass from the front, from Meremere, and I arrived in Auckland about three o'clock. I met the j woman now in Court, Mary Ann Leslie, and entered into conversation with her. when she took me to the witnesses Billy's house, and made an agreement to live togcl her as man and wife; we lived therefor about twelve days or a fortnight, and then T went to work at Mr. Davis's house in Queen-street. One day whilst at work, Mrs. Leslie removed the furniture and boxes to a Mr. McGriunis's house, and told me to come there to dinner, and when I went 1 found all the furniture and boxes there. After dinner T returned to work. 1 then stayed away for two days from work looking for a house for us to live in. I went to the ''Black Bull" Inn, and found there aeontractor belonging to Mr. McDonald of the .Saw Mill Company at Mercury Bay. A man limned Frank and I then went down to Mercury Bay to work there, and I took the woman Leslie also. On Sunday the ! sth March. Mary Ann Leslie gave me the keys of her boxes that were in the kitchen ; the landlady •and servant were present at the time. She told me to go down to Mrs. McGinni.-'s and bring a change I of clothing hack, and a clean shirt for myself; I did | so. and gave her the keys back again. "We then both ! of us went to Mrs. Grant's boarding house and | changed our clothing, and afterwards went back to j " Black Bull," when she asked three or four men to j sio with her to McGinnis's to help her away with the j boxes ; lliev took a box each, and we all went down ! to the schooner ' Tauranga,' and slept there that night. After arriving at Mercury Bay she gave nie the boots. which the prosecutor claims, and told me to wear them, and I did -o until he identified them on my feet. I'visoner then wished tn call upon Mary Ann Leslie to corroborate his statement. Mary Ann Leslie, sworn and examined by prisoner: T gave you the kevs to get my clothes, but no shirts. I lived with you for six weeks by your own persuasion. I took some of the boxes down to the schooner, but on the Sunday you removed the other things. .Some men did come and help us, and yon induced me to sell my husband's watch. I uave you the pair of boots you have now on your feet, but not the large pair, that belonged to Leslie. 11 was at Mercury Bay that you took my husband's clothing. By the Bench : Prisoner knew that I was Leslie's wife, for I showed him my marriage lines, and Leslie's likeness. Prisoner was fully committed to take his trial at the next criminal sessions of the .Supreme Court lor larceny. t>ltrNk\U£l)S. Henry Hatlford, .lames Young, John Mollitt, Andrew Cavauagh, and James Kelly, were each lined s!<'.-. and costs, or IS hours' hard labour, for being drunk and disorderly, j nr.SKUTKKs. Two deserters, Joseph McJ'owell, 05th regiment, and George Hall, 70ih regiment. plc;ulcd guilty to deserting from Her Muiesty's service, and were handed over to the military authorities.