POLICE COURT- Wednesday.

New Zealand Herald, Volume I, Issue 137, 21 April 1864, Page 4

POLICE COURT- Wednesday.

(Ilclure Thoiiins liccklmui, Ksi|„ It.M.) Ass.ui.T. Alfred Smith Kiilljainos was charged hv Thomas John Walker witu having assaulted him on l-Yidav Lhe oth inst. ' ' Mr. Wynn appeared for the plaintilf, and Mr Meiniiiiui for the defendant. Thomas John Walker, sworn, deposed:—l live in Victoria-street. J know the defendant, anil saw him at the Prince of Wales hotel in llobson-street, oil the sth inst. Whilst beinfj served with a fjlass of ale I heard some abusive expressions made use of. I licensed Fulljames of using; them, when ho denied it aiul 1 culled him a liar; lie called me a liar then. The landlord then took the quairel up, saving that 1 was a low fellow for repeating vlmt I had heard. 1 t.'ieil struck the landlord, Mr. North. I tlw.-n left, the place but had not S one far bel'oie three or four ln.-n ran alter inc. draped nio back into the house, and thrust me into a back room. North then said '• We will have it out hero." T'liey then attacked me, as also a woman who was present. 1 was trvin'"' to push t lie woman away, wnen b'ulljaiues striielc"uie lour blows in the lace. Thive men 'came across when I was draped in. 1 con-ideivd it wrv unin.-.nlv and uniair. When I went into the house I called'for a glass of alo. I did not alto;;,'tie r like it ami called lor another and ottered to y,.y j.. r it, l„ lt , llf . lord did not, seen, to lit.* it, .->M w.,u!d not char-'o m e lor the glass I did n.. t ,1,-iuk. '! he defendant was trnrn staiifimp beioro tiii bar. ! e.-.-onot s. ; .- whether his back WHS towards inc. 1 can » ••••<,, lr he was not when I went in first. He was not ...iking to anyone. It was peiti.i|.'s, :ie>ie than twenty r.iiniitu; after the otieiisive expie.-sion ma.le use oi' that. piiso.i. r struck i..,-. 1 will swear thai it was not attempting to reset e Noith from un assault of mine that thev uitu« ked mt*.

Mr. Nicolls, csivpontor, sworn:—l wan lit the Princo of Wales iim on uth April list. I saw Walker and Kulljames theie. Jlr. North was behind the counter. i»lr. \Y,II ki:r came in and called for a glass ol' ale. Defendant was at tnut time talking to me. l'laintiif afterwards ealle 1 for a glass of c.ilouinl ale. Plaintiff turned round und nccusej defendant of callim; him names. Defendant was quite surprised. 110 had neither spoken to or of coinplainant ;it that time. Cum;lainnnt culled him ji liar for denying it. Nothing hut. words took place at that time. uikor struck North across the counter and thru wont out, North running after him and '.nought him h:u-k. row ensued. North tried to get. the stick away JVom Walker, hut T cannot say which struck Jirst. I*'itiljume.s was .standing near the t'litli* a( t'ie time, and told -North to let him alone for Walkor hail insulted him. Thev then fought, hut which >tr<irk tirst I can't say. l>y Mr. V* ynn : —t will swear that Walker struck Fulljames when lie was brought back. Fulljiuncs did not atteiu| t to rescue Xorfh from M'alker. Kulljames was (tiie that went outside to bring Walker in. lie was only looking en. There wen- lice there with mysell. I .-aid "go it little "uu," meaning Kulljames. 1 will .swear that tile conversation that took place before the row was not otfensi ve to Walker. It was about tne ale that was brought to us, and we said that North's a!e was {■■noil enough for anyone. The J'encii considered that. complainant provoked tile assault his language and 11y his assault upon North, the landlord. If 11»13 assault had taken place immediately alter the oJku-e. tlio Court would have lined the defendant Gd. and c ).-t» ; but ay some time elapsed the Court must inllict a line, but was not disposed to deal harshly, therefore the iine was 10s. and coats, £1 5).h., or is houra*. UUIIAOU or TilH " MI NIUICAI. POLICE ACT." Archibald Nesbitt was brought up for a breach of the above Act 011 the loth April, by leaving a horse and cart without anyone to take care of it. The defendant in the dock denied his being A. Ne-bitt, his name was Mitchell, ami lie v/us not there at all. The defendant made a great. noise, swearing tiui he was not the man, and offered to brin;* "wit.]i<'.im";s t'»tl:e -t,, and re-tied tin: question 01 his idol i t ity upon a bi,tO:i eye which he had. I'leu not allowed ; fined assa;;lt. doliii Thomas (thu hangman) was charged with nil assault upon l'aont te llacre (Paul). L'aoni, sworn, Mr. Monroe acting as interpreter, deposed, that as he was passing along Uueen-street and turning up ShorUand-street, defendant run up to him and pulled him bv the Moeve of his coat. lie pushed defendant away, but lie laid hold of him several times, and s iid he would hung him by the neck. Defendant did not hurt him, but annoyed him ixs he was walking quietly along the street and taking no notice of delendant. His Worship remarked upon thu conduct of defendant in bo.e-.ting of having been the hangman, and the extreme risk he ran in pursuing such conduct, of provoking s.ich a serious breach of thy peace, and ordered that he should find two sureties, tlv> each, for his good behaviour for the next six months. STAIUUNO Wlfcil INTI.NT. William Doran, charged with stabbing Joseph Martin with a shoemaker!* knife, was remanded until .Friday next. OH CNKAKDS. rfcabella Mcintosh, John Cooper, Win. Stewart, an 1 liobert McMullen were lined 20s. and costs ; and Jonu Keneally, Samuel Jenlcinson, and James Duncan, soldiers. were fined -Us. and costs, and handed over to the militarv authorities.