MAGISTRATE'S COURT.—MONDAY.

New Zealand Herald, Volume I, Issue 231, 9 August 1864, Page 4

MAGISTRATE'S COURT.—MONDAY.

(Before Thomas Beckham, Esq., Ji.M.) imrNKAHDs. Thomas Xolson and Jilius Wilson, were fined 20s. and costs, or <18 hours' imprisonment with hard labour. Alge-rin Percy on bail, n'o appearance ; hail forfeited. ASSAVIA. deVeiniah Sheehnn was by Joseph Brilliant ■with having assaulted him on Wednesday last, by triking him on the neck and face with his ilst. •Joseph Brilliant : I am a private in the 4th Regiment of the Auckland Prisoner is one ot the Forrest Rangeis. 1 saw him in the uuard tent on "Wednesday last. 3 was there for heing drunk. He was a pri-oner also. 1 have been a month in ihe Auckland Militia. Corporal Thomas Garrett hail charge of the lent at'the lime. 3 gave him no provocation. .Hy the prisoner: 1 did not strike any of t lie guard in ihe lent. 1 did nut threaten you. I did not seize }ou by the neck. Thomas Garret : J am a private in the 2nd "Waikato 1 was acting corporal on Wednesday last. 3 know complainant and defendant. They were both prisoners in the tent in the Albert Barracks, on "Wednesday last. The plaintiil was troublesome. 3 gave the sentry charge to keep him in. f j here nas a srutiie between thein. and they both fell. The de'endunt took hold ot complainant 1o keep him quiet. 1 did no! see any blow struck, but 1 saw blood on defendant's; bands. Ordered to pay *iOs. and costs, or to be imprisoned 1-1 days with hard labour. .\s-,\ri.T. Alexander Trotter, maMir of ilie srlioom r 'Bohulie.' was charged by Jucbard Gbim, with I»a\ii:g as.-aidtt-d iiifn by ftr.i.ing him un the side oi the head with a stick. .Mr. b'ussell appealed for the defendant. Kichard Glcl in 11i-ii : [ am a M'an.-an 011 board the tehootu-i- ' I'oiiuiic.' 'I lie defendant is master of her. 1 was 011 heard on Tonr.-day last, the master \va* al.'O there ; it was aboul half-past four. The master had a liulc in his hand, which one of Ihe passengers bad 10.-l, and told me to get it for hitn. i asked the defendant for the liule, and lie gave it to me. I then went to the main hatch Id work, and the defendant came alter me anil called lne an '• liish hound," aiul a soil ol a h several times, and then he struck me about Ihe head and arms with a slick. There was a wrangle between us, and the male came and separated us ; lie told the captain fo •jo below, and me logo forward. 1 struck Ihe defendant in self-defence, but not until I was struck. After we were scparulcd he pulled oil' his coal and challenged me to light, and we had one round. The' vessel was lying alongside the Wlutrf. Cross-examined by Mr. Russell : I shipped on board this vessel in Port Chalmers. Proceedings were taken against me there by the master to procure my discharge. I did not state 1 would be revenged before the vo\a»e was out. lie did not hand me the tlute without making some remark, but T do not know wlmt it, was. It was about ten minutes afterwards that the Captain came alt and called me names. Part. ot the hatch was open. r J he blow- left Jto mark although the place was very sore. Kielnird f Latliam deposed: I am a sergeant in the Military Train. I know the plainl ill'and defendant. I saw them while 011 duty 011 the A\ barf on 'J hurs(lay last, on board 11 schooner 011 the right hand side cd the AY barf. J saw the defendant strike the complainant several times 011 the lace and arm with a stick, and call him an Irish sou of a h . 1 was about four yards oil'. Alter defendant struck complainant there was ii seullle; lliev were pill-ted bv some person 011 hoard the 'The defendant then took oil' his coat and challenged plaintiil' to fight, iliev were parted again alter having one round. Ihe defendant then went below, and the complainant came ro me and asked me In appear in evidence. M r. luissell: I did not see the beginning of (he quailed. I do not. know what: provocation the captain had, or whether any blowns were slruek before. Tlicy appeared to hj laughing and iokiii<r when I first saw them. ~ ' e Walter Ilenulley, a seaman onboard the ' lioindie,' •deposed to having seen Ihe assault, aud corroborated the evidence of the complainant. Mr. Russell said that as another information had been laid by" the defendant, he should oulv call one witness in this case for the defence. David Preotor, .sworn I am cook on board the ' JJomdia.' I know complainant, and defendant in this case. 1 remember a dillicultv thev had 011 J.lmrsday last. I was then in the galley, about 5 or 0 lect from them. I heard some angry expressions pass botwaen them. I saw complainant lift a board and offer to strike complainant, but I did not see the blow I then saw the complainant grapple with the defendant, and but for the intervention of the mate the latter would in all probability have fell overboard. J hey were standing m opposite sides of the open hatch and the boom. assavi.t. diehard (llenn was charged l,v Alexander lVorfor with having assaulted l.ini by slrikimr him in the lace with his list. Mr. liuss.-ll appealed for the plaintiff. Alexander Proctor, swoiu;—f came < 11 board about half-past K or -I in the alt,.moon <n Thui.-dav i»st. 1 was going- down ;o (he cabin and I saw a lluie laying on the top of the em pan ion. I asked woo it belonged to, •• it is mine " 1 Hien saul '"lake it." j w.nl into t! u . cabin, and ailerwanis came on deck, and went forward and saw then, ill li.e aei of ]>eitii-g 1 iii, bag of salt tion, the ,1-t. v. 1 was. on the. stai IM-ard side. The defendant said -(.aptaiu, give me some money." j Silil[ j ~ - ,vl ' ' ;!1 " ti:o amount of l : i ;; v . ; ,. V e- as soon as •hi' ealgvi was out. lie lau-J,ed at me and sai.l he .ym-dnot wauv-s. 1 told l.ini 1 would fl -e about 11. lie then called me "a miscr.ible .Scotch hound. 1 j Jiul US( .j uu i m j^p w . expreasioiis to him

whatever t.«'tore that. lie used more very abusive larguagc, jumped across the hatch and struck me ; the marl.-s in my face are from the blow. I never struck him with the stick I had in mv hand. By the prisoner T never struck you with a stick. 'He boom is amids: ips. It was about 10 minutes before T came up after giving you the flute. The sfcicic was as near as possible 14 inches long and half an inch thick. liy the Bench :—After he shuck me we l.oth I'OUght. Ly the prisoner:—T told tl o male to let you go nr.d do your best. J slid take inv coat off. His Worship said there wi re three, witness oj> the other side, and only the insuppurtcd .statement uf the master in this ease. The information in the case was then withdrawn, and the master was ordered to ]ay . 20s. and the costs, and Glenn having, been warned by the Court, was ordered to return to hi'-i ship. I.AKCK'.n" V. Eirumuel Barnards was charged with having stolen from the Q.C.E. five cigars and a felt hut, value 19s. Mr. Merriman appeared for the prosecution, and stated that 31 r. James has prosecuted in this case, not simply for the value of the articles, but also oil behalf of other employers. Louis ,James, sworn : —T am one of the proprietors of the Q.C.E. eating house. About the 23rd of July J purchased n lelt. hat at David Graham and Co.'s. The price was either 10s. or los. The last time I saw it before it was stolen was in the dining-room of the Q.C.E., on Sunday, the 'i-Jt.h. On Monday morning T missed it. On Saturday last I had some conversation with the prisoner about tho hat. I went into the kitchen when he was at work; and asked him if ho had a ft-lt hat in his possession. He said yes, and that lie had been told 1 had lost one. I asked him to let me see it, and asked where he got it from. Tie said lie cot it from tho top of Queen-street —he bought, it at a shop there. He said he did not know the name of the shop. The prisoner fetched the hat previously. The hat now produced is the one 1 received fn in the prisoner, and I handed it over to Constable Lipsev. pam quite certain it is the same hat from the state of the ribbon, having had the hat in my pocket. 1 received the cigars produced from iliss James, my sister. There are a peculiar kind, I# lined " flat cigars." To the best of my belief there we're no others of the kind in Auckland, except those belonging- to me. I have never seen any others like them. The.-e cigars are valued at fid. each. I was selling the same kind as these produced. They are valued at Is. each. The prisoner was employed in our establishment in making pastry. He had access to my store-room for sugar, butter, and eggs. In consequence of information I received, I went to the store-room. I had from time to time missed cigars. I found the cigar box produced broke open and sprinkled with sugar as it is now. Cigars are never opened in the store-room in the ordinary course of business.

By the Prisoner: —George, the waiter, did not toll me that you had piirehuscd a liat. I asked George if he knew where the hat was. He told me he believed Kmanuul had got it. 'J'hat was about the middle of last week. J had never seen you will) the hat myself. You did not tell me where you £ot the hat "when 1 asked you. JJeforc .1 spoke to you about the hat T Lad been to your room if) search for it, hut could not find it. You pave me the hat yourself, By the Bench; — George ami the prisoner art-the only two persons having access to the btoieroom, except my own family. .lames :—1 am an assistant at Graham and Co.'s. On the 2:iul July J sold 11 r. Louis James a felt hat. 1 believe the hat produced to lie the same. T have never teen any other person in the trade with similar hats. The vahie ot the hat is 10s. (id. I have not the least doubt of this being the same hat. Miss Sophia .Tames :—1 am sister of the first witness. The prisoner was in the employ of my biother and mother, who carry on the (J.C'.K. He has been in the habit of sleeping on the premises. In consequence of suspicions I had ] searched his bedroom on Saturday last, and found in his pocket the three <i.-a rs now product d, and the puces of the fiat ciirar were on the table. The round cigar wan also in his pocket ami the ira<rm< nt of it on the tahle. Sometimes ho was cntiusted with the key of the store to get .butter, mi gar ami c«rirs, hut nut cipars. 1 have m-t the sl?L'ht« >t d« übl of the cigars produced heing my brother's pr< pi 1 ty as one of tl.e proprietors of the U.C.K. On Saturday ioitniglit. I taw tVo hat-pro-duced in my hnlher's possesion at the O.C.K. .1 can swear to the hat ln.m the crumpling of the ribbon. By the prisoner:— 7 nevi.r .1 saw you "with that hat upen your heath ( 'orporal J.ipM-y d< pon-d to having reeuved the aitichs pioductd In m Mr. .James on Saturday The prisoner :tafi d that he had hi mrht a hut similar to I\ ; r. Jan ijf'.l.ut wa> unahleto state fiom wlam he piilf based it. ( hu.-ied to 1m; imprisoned fir two months, with, hard labt.-ur. i:r Srs.wN.Aii { rrnr.v.UT ' ami Syi.ru.' r«!r. *W\nn ;i] ].!;« d, on behalf of thema>ter of the 'Sylph,' ior ai: inlbimation against the mai-tef of the 4 Susannah Cuthl ert ' tor sailing, hy which the foimer vessel was run into and totally wrecki d. The M'.mmoiises were- oi deled to he issued for "Wednesday next. 'i he ii.quiiv to he Anther postpned should the 1 Susannah Cuthbeit' not have leturnul hv that time.