MAGISTRATE'S COUNCIL—Tuesday.

New Zealand Herald, Volume I, Issue 292, 19 October 1864, Page 6

MAGISTRATE'S COUNCIL—Tuesday.

(IJi.-tuitj 'liiom-'i.s iiuckhaiu, Ksq., 11.M.) J'iirNKEXXKsy. Eilward Lewis was charged with being drunk, and it being his thiid otienee, no was ordered to pay HOs. costs or -IS hours imprisonment with hard labour, ami seven da.\ s additional. William tniilh was treated in I ho usual maimer, and Kii/.a outon bail, thetimounl was ordered lo be forfeited. Till-: IHCK CASKS. Thomas Giyn, William binitli, Eugene Hanks, and George J ones were plaeed in the dock to receive sentence of the larcenies they had been convicted of ihu previous ( lay. .His Worship remarked (hat afterserious consideration the Court, lounil that it had no alternative but to imprison ttie accuseds. The Court Jim! no power to hand them over to any institution for the purpose ol r>. formal ion, and if it had he was afraid the authorities ot siielk an association would lind it ditUeulL to keep them under proper surveillance, llis Worship would, therefore, order them to be imprisoned iu the common jaol of Auckland, and leave it to the prison Authorities to take what steps they could, in order to prevent, them Irom being lurllier contaminated by older offenders. The Court, in these cases, how'ever would not inlliet. the usual term in consideration of the age of the otlenders. ' All the boys had made their appearance in the Court I bfiort', and I wo of them hud been convicted at. the

last sittings of tke Supreme Court for obtaining gaods under false prctences, and liad been dealt leniently with by Hisllonor the Chief Justice. It did not appear however that the mercy of (lie Court bad any good effect upon them. lie should sentence the prisoners Thomas Glyun and William Smith, who bad pleaded guilty to two larcenies of the respective value of 12s. and 17s. Gd., to two months imprisonment, and order the lour prisoners to be imprisoned for the space of five calendar months' for three convictions of the same nature, such punishment to commence, as regards the prisoners Smith and Gdyn, at the cxpircition of their first- sentence. ASSAULT. John Williams was charged by Patrick O Byrne with (he above oflence, by feizing him by the neck and striking him on the face with his clenched fist on Friday last. Complainant deposed: I am a general dealer living in Chancery-street. On Friday last I was passing defendant's door. I was ordering a number of children away who 'were near my door when the prisoner came out and said something which I coulc. not understand about the rent of the house being too high. The accused is a tenant of mine. I told bjm to leave my house, and that it was too good for lnm and liis wife to live in. With that he rushed upon me and collared me by the breast, caught me by the neck, and struck me with his clenched list on the side of the head. By the accused : I did not come to your house on Sunday night and want to light- with you. Ann Carey; lam the wife of John Carey, and reside in Chanccry-strcct. I know the complainant and defendant. I saw the defendant striking the complainant on Friday last. This assault arose in consequence of some words I had with the defendant. The complainant came out of the house and the d cfe 11 da;it then said " what do you want here ?" and immediately struck liim upon the face with his clenched list. By the defendant: You struck Mr. O'Byme first, and then the complainant struck you. Ann JTurly : I know the last witness. I live with her, in Chancery-street. I remember last Friday. Tlie defendant came out of his house and had some words with the complainant. Sir. O'Byrne then knocked down defendant in the mud. I cannot say who struck the first blow. I will not swear that the accused did not strike the complainant first. Ann Carey, recalled: I was present during the whole transaction. I saw the complainant knock down the defendant after he had been struck first by the defendant. His Worship found the accused guilty, but the complainant having taken upon himself to inflict puuisliKicnt upon the accused, he should order him to pay a small fine of Os., wldcli with costs would amount to £1 7s. Gd. FOKGEItY. Thomas Faweett was brought up under warrant charged with having feloniously forg d the name of Joseph Banks, of Bokeno, to a cheque on the Bank of ISew Zealand for the sum ol' £47 13s. Sir. Bevcridgo appeared tor the prosecution, and the prisoner was undefended. Jlr. Beveriuge applied for a remand until Monday, in order to procure (lie attendance of the prosecutor. Tiie prisoner stated that he had two witnesses, and that he should be prepared with his defence on that day. lie remarked also that he had offered to pay tin; money in Melbourne, but it was declined. The prisoner was then remanded until Monday.