POLICE COURT.—Friday.

New Zealand Herald, Volume I, Issue 253, 3 September 1864, Page 5

POLICE COURT. —Friday.

(Before Thomas Beckham, Esq., R.M.) DUUNKAKDS. "Win. Shutler (a new comer), Win. Rusty, Henry IV'auiiold, and Thomas fcjmith, charged wim the above oiienee, were liued 20a. and costs, or the usual alternative.

EMIJEZ7.LKMV.NT. Edward D. Lawrence was again brought up under habeas corpus cliarged with the above ottence.

There being 110 appeanince on the part of the prosecution the case was die-missed.

Air. Wynn appeared on the part of tho accuscd, remarking very strongly upon the manner the case had been conducted. bince tlw ttth of August last this e.tsse had been frequently remanded, the accused having been brought through the publie street* in tho hands of the police.

His Won-hip quite agieed with the learned gentleman, and obeurvod the whole aii'siir had been, andin'iod m a disgraced way. "\YILiTI. DISOKEDIEM'E. (Ic*»rge Sawyers, Oh.orge Thorn, and Andrew .Tauk-i'ii were charged by Captain Peters, of tho • Portland,' with wiliul disobedience on the high teaa dunug ihe passage iroin England in that vessel.

Mr. BevcrMge ior the prosecution. l'risoners pleaded nut guilty. James I'eters, caplain ot tho k Poitland,* bcingsworn, : X am master of the ship 4 Portland,' now lying in this harbour. Tin* prifaOiuTS are iM-tifled seamen belonging to said vessel. On the passage iivm i-.nglanU, on tho '.iuth Juno at 10 o'clock, a seaman named u'Biien, hi going ait to go to the wheel w.js taking liberties with some of tho female passengers. i tald him to desist. The prisoners the.i n-U-riered, and deiicd iue to do anything with O'Brien. I told them repeatedly to leave, hut they relused to do bu. 1 told ilium lnoie than a dozen times to obey mv orders, wnioii t-hev leiu&ed to d«•-

On the suggestion ol hit V>'oiship. Jlr. Bevoridge withdrew tile charge of "continued wilful diaotediem i'," and continued tho ca: eot " wilful disobe-

utcnee " only. l'risoncis said that on tho night in question, at 10 o'clock, the mate was about till owing U' brieu overboard. '.tliey seized hold of him. Tho captain to.d lis to yo oil the poop, and we then reluscu until the captain would promise not to ill-usi- U ijiieu. When i. j iiid so we returned lo our worK directly.

ilis Honor remarked ihat according to tlioir own tiiey pleaded guilty to disobedience, lie should therefore sentcjiee the prisoneK- to 4 weeks in tiie common gaol of Auckland, with hard labour.

ANOTILEK. CASE. George Henderson, George Sawyers, Angus McKenzie, and (icorge Thorn, seaman of tho same vessel, were charged with tho tamo The prit>oners pleaded not guilty. Sir. iioveiidge again appeared for Captain l'eteis.

James Peters, stated : Tho prisoners are all articled seamen oil beard of my vessel. At t> o'clock on the '23 rd J uno, on crossing tho lino, the prisoners came all and wanted to know it'they were to keep up tho usual custom of shaving and extracting money from the passengers. 1 told them" no," and they replied," that I might as well do so, as - it would bo dono whether I likeu it or not, and a d d sight worse." 1 then left them. 1 called them alt at 1U o'clock at night. Henderson was tho lirst I culled. 1 asked if ho would cany out his intentions. The prisoners wero absent Irom their work lor two idle till l'J o'clock. Henderson, one of the prisoners, stated : That tliu captain put them in irons lor nino (lays, i'roseeutor's evidence resumed :—

Tho other two prisoners would not go to work till I released .Henderson, and Jlcheuzie.

Tho Kesident Magistrate hero observed it was impossible that t lio case ot disobidionee could hold good if-ainst Henderson and JUcKenzie, as the uieu would iind it lather a ditlicult matter to go to work when in irons.

Cross-examined liy the prisoner Sawyers : I asked all of you to go to work individually, and you all refused to do any mui t: work oil board, till I released Jlclvenzie and Henderson. When. I released them you went to work the same day.

This closed tho case lor the prosecution. His Worship remarked that although the prisoners JMelvenzic and Henderson had escaped punialrm<*itin this ca.-u yet Uiey richly deserved it. On looking through the log, it was evident that the seamen of tin: ' Portland/ wuie one oi'tho worst crews that had como into this harbour, and that they had been guilty according to tho official log, uf almost every criiuu a seaman could commit.' The entire defence rested upon tiie l'aot of its being their watch below at the time the oU'ence they were charged with was committed ; this was lio plea in their favour, lie should older tho prisoners Thoru and Saunders, to be imprisoned tor l i days' with hard labour, and dismiss the prisoners Henderson und McKeime, hut warned them not to appear before the (Jouit again.

ASSAULT. L. O'ljrion was charged by C'apt. Peters with the above offence. 'i he prisoner pleaded not guilty. ill'. lieveridge appeared for prosecutor in tliis easo also.

James Peters, deposed:—On the, 20th Juno at 10 o ciock at night, it was ihe prisoners reliel, lie cuiue ult on the poop iaddci; ihwt- »i'iv some lomnles who iiuu not gone ociow when the bell rung ; I told him to * UooMandrcmeiiibci* wherche was. iie immediately stepped up before mo near tlui cabin door, mid asked why he 'sas'• to go oil." 1 iOid liiin that I diu not want auv noise or row m the sli^j; lio still, however, slopped"; w)it'll I wont on the poop 1 put my hand on him anil told liim to go below, uud unorlier mull slioidd take his place at the wheel ; he then struck ine and knocked me against the side of the ship, m consequence of which i have now a mark oil my brow ; 1 put my hand on him to stop him Irorn going (•o the wheel.

The prisoner Baid that lie lad no questions to ask, "but that the captain's evidence was false, he had ono witness, the boy at the wheel, who was howevor now on board. The captain struck him and knocked him ■down.

The captain was here ordered to go beel: into the witness box, and on being asked said lie would swear positively that he never struck tlie prisoner. The Bench ordered tho boy to be sent for at once, but the captain informed the Court that the individual in question wns von eat, having run away from the ship.

The Bench remarked in passsng sentence that the prisoner's conduct from the very beginning had been bad. Tho log wns witnessed by several of the passengers onboard, and the occurrence mustliavo happened ill the BJglit of all. He should order the prisoner *to be imprisoned for 12 weeks, in the common gaol of Auckland with hard labour. TIIIIEATJ KINO I.ANO.VAC.E. George Johnston was cliargcd by Thomas Bray with using threatening language towards him at Newtown, on the rroraing of the Ist September last, also with hreakinir the windows of his house.

Thomas Bray : I live at Newton. At 2 o'clock in tho morning <ho prisoner nrno to my house, shouting and swearing—very drank. He threatened to murder me, and pull down tho house. Bo smashed my window. I firmly believe ho will injuro mo now if he -can. X«m afraid of him. ETo is my son-in-law, und has used his wife very badly. The prisoner stated thnt tlio complainant had broken up his home. He wns ordered by the Bcnch to find two sureties for threo months to be on his good behaviour. THKEATBNISO LANGUAGE. Jane Lynch, a nice-looking: little girl of six years ■of age, was here brought up, charged by George Cumming, a man about six feet high, with using threatening language.

The complainant stated, that the mother of the prisoner is constantly drunk. He blamed the parents for it more than tho child. He remarked ho was net afraid of his own life, but felt alarm as to the safety of his children.

The Bench observed fhnttheparcnts proved themselves worthless, by not attending in Court to-day. An annoyance might be given by a child as well as by an adult.

Mr. Beveridge hero said ho could not remain in Court and allow a child of such tender years to bo undefended. On the part of the accused, therefore, ho wished the complainant would withdraw the charge against her, and, if necessary, proceed against the parents.

His Worship warned the 'accused not to como before him again or ho should send her to prison. The child seemed very intelligent, and answered his Worship's questions in a very clear manner. The appearance of the complainant and accused caused a great deal of amusement in Court. OBTAINING MONEY tTNIIER I'ALSE PRETENSES. Robert Pearcc was charged by Dr. Wm. Coolfskell with the above offence. Prosecutor not appearing the case was dismissed. Mr. Beveridge appeared for the defence and stated the whole affair was a mistake. nESEKTIOK. Richard Edwards pleaded guilty of desertion from he ' Flying Foam.' Mr. Beveridge appeared for Captain Perkins, who was engaged at the Supreme Court. Case remanded till this morning.