POLICE COURT.-Monday

New Zealand Herald, Volume I, Issue 255, 6 September 1864, Page 4

POLICE COURT.-Monday

(Before Thomas TScekham, Esq., K.M.) ]Mtl'N K AUI»S. John Ilall was lined idOs. and costs, or -18 hours' imprisonment for the uhove ott'once. VIOLKNT ASSAI'I.T. llezckiah Mann was brought up on remand, filiated by one Thomas Edward Dry hurst, with assaulting him on the 27th .August lust, by him down and trying to choke him, thereby doing him grovious bodily harm.

Mr. Lee appeared for tho prosecutor, ami Mr. Ueveridge for the prisoner, who pleaded not truiltv to the charge.

Prosecutor being sworn, deposed: I live in Mills Lane, Queen-street, and am a carpenter by trade. J know tin: defendant. Saw him on Sunday the 27th of last month in the house of 31 r. Samuel Clare. The accused came in about a <|uarlor past six in tho evening. Ho made som.i allusion as to my beingu " fancy man," and said if 1 was any man I would take it up. 1 made no reply, and lie walked out. He came in a ii.:eoiid time, ami ut-od v 'jrv in«oW7it Uuiguufju towards

me. Itoldliim ;:s it wnsSuni! Ny, I would talk 1c liim tomorrow. I rc< cived a severe blow immediately 011 sayi. g these words. I was sitting down at the time. 1 o then caught ho'd of me hy the throat, threw me dov n, and kicked mo on tho ribs. 1 felt a heavy weight on the die t., and became insensible. "When 1 recovered 1 :'oinil myself lying in the next room. I have been laid up a week from tho results of this violence. 1 am not aware that I £avo the accused any provocation. By Mr. Beveridge: I was invited to the house by Mr. Clare. Mr. Clare i.s father-in-law to the accused. I know Mann's wife very well. She was in the house when accused camo in. I wa< not sitting on the sola when Mann camo in on this occasion. He accused me of being his wife's " fancy man." Mrs. Mann had been living at Clare's house for a fortnight or three weeks. I cannot say how many times [ have been to the house during that time. I was employed doing some work for Mr. Clare until I was laid up. 1 was employed by Government as carpcnter previously. 1 was doing sundry little jobs for Mr. Clare. 1 made a doorway to the next house. (The witnesses in the case were then ordered out of Court.) I was there during tho day, and left at night. They were all my Iriends in the house. I lived opposite the back part of Hie prisoner's house, and was in the habit of visiting there at his own invitation. I was never there except on business. I remember the prisoner c( ming in on the Saturday. I was sittingon the sofa with the prisoner's wife. I was not many minutes in the prisoner's house on that day, but I saw Mrs. Maim again in tho evening, who told me her husband would not like to sio me. 1 might have seen her again on Sunday. I saw her very frequently. 1 will swear positively that 1 was not ill the prisoner's house with his wile alone on the Sunday or Monday. l<e-exainined by Mr. Lee : I never visited prisoner's wife clandestinely. I should consider it very wrong to put my arm round any married woman's waist. Samuel Clare : I am a mariner, living in Mills' lane. I remember Sunday, yesterday week. Prisoner camo into my house oil that day and demanded his child. The child was delivered to him. I witnessed tl o assault complained ol by the prosecutor. I took hold of tho prisoner, and when I did so he kicked (ho prose mentor on tho right side. Dry hurst was insensible for nearly three quarters of an hour. ! liy Mr. Jicveridge: "l invited prosecutor to tea. Prisoner came in when we were at tea and asked his wife to come and see an old iriend, but she would not go, and he then went out. Prisoner camo in three times in the evening and quarrelled with his wife, threatening: to break her jaw and knock her head oil. lie abused Pryhurst very much beiore the accused struck him. lam positive the accused did not in my hearinu: call the prosecutor a il fancy man." Prisoner struck prosecutor without assigning any reason for doing so. 'Jhe prisoner's wife was staying at my house at the time- Prosecutor was there constantly for one week. lie was engaged in papering a room in my house. The prosecutor was at my house every night, aflcr 1 came home from tea, which was on the Wednesday night, until the Sunday on which the assault in question happened. No one struck the prisoner during the even ing to my knowledge. ]5y the Pcneh : The prisoner's wife was living at mv house because she had been turned out of her own house by her husband. The prisoner had spoken to me about prosecutor's attention to his wife, anil told me to look out. t saw nothing in my house.

Surah Ann Clare, wife of the last witness, slated : 'llie prisoner's wile was tinned out. of her house by her husband, but Ido not know for what reason. 1 know that the prisoner found fault with his wife for keeping company with the complainant. My daughter is very young > I consider that 1 did what was right in asking the complainant to my house even aflcr having heen warned of tho supposed intimacy between them by her husband. This closed the case. Mr. lieveridgo addressed tho Peneh on behalf of his client, in ;i very able speech, remarking' upon tho provocation the prisoner,had received trom the hands of the prosicutor, as it had been distinctly prov d that an intimacv had existed between the complainant and the prisoner's wife; though he had been unable to draw from tho witness how far tho intimacy had gout; —and dilated very strongly upon the conduct of the mother in encouraging: tho visits ot Hryliurst, who, above all people, ought to he the first to endeavour to keep her daughter in the path ot rectitude and honour. The learned gentleman trusted, theretore, though the piisoner had done wrong in going to the extreme length of punishing the complainant, and taking the law into his own hands, he thought that the prisoner would scarcely have been human if he had not resented such conduct, and he hoped that the Jit nch would show its opinion of the conduct ot. tl.e complainant by rii-mi.-sing the case. The Pench was of opinion that although no man should take the law into his own hands, yet tho ] rovocatiun hud been very great, the conduct ot the 1 uivnt.s had been most disgracelul, the complainant'a attention to planner's wife had been unieiuitting, : nd he considered therefore that a merely nominal fine would he sufficient, ami lie should therefore order the accused to pay Is. and costs. ASSAULT. .John Finlay was brought up charged by Gcoreg Marshall with assaulting him. M r. Pcvei idge, accused's counscl, produced a medical certificate from L)r. l.ee, stating that defendant was unable to appear, in consequence of which the case was adjourned until next Monday. ,\NOT!IFK CASK 01-' ASSAUI.T. lvichard Lloyd was charged, on remand, with tho abo\e oll'enee by Alexander Turnbull, by kicking him on the leg, and thereby breaking it.

The prosecutor not being .sufliciently recovered to appear, the case, on the application of Mr. licveiidge, -who appeared lor accused, was adjourned till next I'ritlav.