POLICE COURT.—Tuesday.

New Zealand Herald, Volume I, Issue 250, 31 August 1864, Page 6

POLICE COURT.—Tuesday.

(Before Thomas Beckham, Ksq., P.M.)

DUUNKAKDS. Charles Lewis, James I'gan, Michael Panel, Kobt. Lcary were! charged with being found chunk, and were fined 2(ls. each, or to bo imprisoned for -18 hours' with hard labour. CUTTIN(i AND VOUNDINO. John Prinult, alias G rccn, was charged with cutfing and wounding Alexander Eaglcton. Mr. Wynn ajipcareel for tlio jirosccutor, Mr. Bevcridge for the defendant. Mr. Wynn said that ho had investigated tlio particulars of this case and he had every reason to believe that there was no malice, that tlio oflence resulted in a mere diunkoi biawl. The jirosccutor did not wish to pioceed wifh tlio case. With the consent of the other side and und(r the discretion of the bench, ho would ask that tho information might be withdrawn. Withdrawn accordingly. Hczekiah Mann was charged with violent assault upon Samuel Clay. The jiiofceutor being enable to appear, the case was adjourned till Monday next. nui-Acn 01- Tim mvnicii'.m, act.

Andrew McMilty was fined (iOs. lor riding in his cart, there being no one to guide his hoi so. lIIU-ACII OK Till-; IMl'OlNliycO CI.AVSE.

Thos. Brown, liobt. Lincoln, 'J liomas Aitkin, W. Mackintosh, and W. Atkinson, weie chaig'ed as above, and tined 10s. each, cost.

Frederick Wignty was chargcd with having on the 2-lth of August last, stabbed constable Canncy, of the Ainu d Police, Piosecutor: I was on duty in Quccii-sticet, cn Wednesday night last, at about half-past eleven. Saw a crowd collected opposite the Q. C. IS. fc'aw scrjcant Ciyslal, and constable Ilaughton, trying to gel a militiaman away. I went to their assistance. A lush of five 01-six militiamen c; me up,oll me, and fi» cl to ' nish me, 1 was stiuok by me or two of them. AYhile engaged Avith the militiamen, 1 felt a stab in lay right hip, I looked lound diieetly and saw Mr. James knocked down, and the prisoner held to me on the light. 1 cannot exactly say that he is the man that rushed upon me. Theie was no other person but the prisoner near me 011 tlio right. I cannot swear that lie was the man, but there was no other prison near me who could have done it. I believe he was tl'.c man who stabbed me. 1 did not s< e anything in his hand. I put my light hand to my hi]i, and felt blood, and sung out that 1 was stabbed. I went into Mr. Jcmcs' to see the wound. 1 felt veiv weak. Was next remove<l to the guarcil'orm. where my wounds was dutsed by an assistant from Dr. Lang's.—Coat and trowseis produced which weie stained with blen d and exhibitiei a hole caused by Hie instiument. passing thiotigli.— There is a veiy large quantity of biood ujic.ll thim, which came fiom the wound received. The insti nmi nt pass(d thicuf.-h llie whole of the clofhes J woie on that occasion. 1 believe prisoner belongs to the Tianspoit Coij s. Cios's-examincd by Prisrncr: 1 do not know the man whom tho other c flicers weie taking to the giaird-iiH to when i lccched the wound. Ifdwaid Marlin, night watchman in (^ucc-n-.*trect ill the lower pait 01 the; Ciesccnt: Kccollcct last Wednesday night. .Saw a distm I ance at the Q. C. K. a little after ele veil o'clock. Saw the ]:riseiier theie and four or live moie. Miiitiami 11. iSaw the prise ncr strike Mr. James, who was knocked eiown at his own dcor. Saw the } olicc, the last witness being amongst them. Ilcaid prisriiur call out "Yen aie a cowaioly lot of dogs; I have a knife, come < ut- hue and I will let you F(e how I can use it." Iloatd shortly after that the piosecutor was stabled. 'I he prison* r was then about a jaid ire 111 piosecutor. 1 was about le.-ur yaids fie in the pi-OM-cnteir. 'J be.- prisoner was ncaie.'t to bis l ack, lint there weie thice or lour moie to (lie vindwanl side in fix nt. t-aw the ju isener strike the prosccutor about a minute before' the prosecutor cried out that he was stabbed. 1 gave information wltcie be went to. I knew vhcie ho was, and j.ointed him out to the j oliee. 1 am quite sure tho ]<risoner is the n an who called out " C ome out yen cowardly dogs, 1 have a knife, Jxc." 1 know the position of the persons who weie mar the pie secule r. It wculd ha-ve hem imj ossiblo for the ] eoj.le in tioi.t to have stabbed the e-enstabie. He bad his bateli U]> piolccting himself in lion I when he was stubbed. Cicss-I xamined by iho Prise lier: The prosecutor icceivcd the wound after the attemj-.t to take tho Militiaman. Saw the knife picked uje, and examined it. It was a sheath knitc. By the Bench : Tho jiriscncr was then in the road.

Charles Clarke, a constable in the Aimed Police, CiOpOMel that he knew the lust, witness, Mailin. .Saw the- prisoner at the Ocmnicrcial Hotel. He was pointed out l,y Marlin. lie stati dso in prisoner's presence. A) piel.ene'.e d the, prisoner, mid took him to the guaicl-roe m. tv-archeel him, and icuind in his ].ex bet a hancilce 1 chie't. [llaneike.-re hief proeiue eel, stained with h'ioi-d.] Tho blood was flesh at that time. It was then about, a quaitcr pa.'t • leven. The prisoner taiel the witness Mailm was under a mistake.

I'lisone r declined to 'tsk this witness any questions. Samuel J!. Davies, Lieuli'iiant e,i the-l-'th battalion of the Miiitaiy Tiain : 1 was outside the <i. C. K. about, eleven o'clock on Wednesday night. I was standing 011 the dooistep ol the private entrance, iraw a disturbance. Two police-men were taking away a man belonging to the Transport Coips. 1 heard some of the" Militiamen say that they would not sufl'er their eomiade to be taken to the loek-np. Did not see the prisone'r. Saw the prosecutor coming towards the eloor oi the Q.C.10. alter the police bail taken the Militiaman into custody. Heard him say that he had been stabbed. Yk e-nt insieio with him and saw his wound; it was bleeding profusely. It was situated in the back ] art of the ihigh. 1 went outside the bar-door of the Q.C.K. and saw a knife. [Produced.] It was wot, as if it had bec-n either dipped ill water or wiped with a wet cloth. 1 tool: it inside and place.d it on the counter of the Q.C.K Ido not know who took it up. It was looked at bv several people v.-ho weie there. During the disturbance I saw- something glitter in the light. The Militiamen were 011 tho pavement. Komo of them were on the road.

Louis .lames, proprietor of tlio Q.C.K., exposed . 1 was obliged to put a drunken Militiaman out of my house 011 that night. Several Militiamen were round the door at (he lime. The Jilisoncr was one ol them. Asked thej police to keep these Jioni coming in. One of them had struck witness, isaw tho piosecutor. lie told me he was stabbed. By the prisoner: 1 did not give vou in charge for striking me. Slight have done so. I'saidl know you by your veiie.e. ' '

By the Court: I was knocked down. The watchman told me the prisoner was the man who stabbed tlio constable.

Arthur .lames. Crystal, Sergeant in the aimed police: I remember last Wednesday. There was a clit-till-bailee in lront. of the Q;C.*IS. made by the Ist A\ aikato Militia. The prisoner was one of ihem. 1 received tho knife from a gentleman in the Q.C.K By the prisoner : 1 askeel you whether knife produced was yours, to which you replied, " that it was not; that you were not in'tho habit of wearin"oiie." • D

_ By tlio Bench : I know thataknif'o of this description is worn by two-thirds of tho Waikato Militia.. I know the fact because I was once a sergeant in-the Waikato Militia myself.

By the prisoner: I examined your waist to see whether you had any bolt round you.

Joseph [Patrick lirewen, Member of tho E.C.S.T.: Saw thej prosecutor's wound on Sunday morning. was situated 011 the right hip. It was about half an inch in length, and, as I believe, about twu-ea^iitlis of an inch in depth. It could not havo been ii:i'7;e;ioci by a person in front of the prosecutor. It. must nave bo-eu by a person standing on his side behind Ji'iin. \\ hen I saw it it was slightly inflamed. Tlio nrosocl'tor_ was slightly iovei'ish. There was no danger, anil in tho course of u week or two tho prosecutor will be well.

Tho Pench committed the prisoner to take- his trial at tho current Criminal Assizes of the iiiiproiuo (Jourt.