MAGISTRATE'S COURT.—Monday.

New Zealand Herald, Volume II, Issue 315, 15 November 1864, Page 5

MAGISTRATE'S COURT.—Monday.

(Before Geo. Eliott Kliott, Ksq., J. 8., auel D. 13. Thornton, .Esq., .1.1'.) hki;.\ken.\i:ss. Eliza Brodie, Joseph Hurt. Robert Doran. Ilonora McGiath, William Jones, Bridget IJankey, and John Collins, charged with this oU'ence, wore treated in tin; usual milliner. ASSAI'I.TIXCr A l'OlilfK cnNSTAIfU". WIIE.V IV THE r\r.Cl'TlilN 111' lllri IHTY. Thomas Beeves was charged with the above oll'cnce. The accused dill not appear, the service of the summons being duly proved, a warrant, wcs ordered to be issued for the accused's apprehension. ASSAUI.T. John Watson Douglas stood charged by Joseph Ferry with having assaulted him 011 board the ' I'.ritisli Trident,' while on the high seas, by striking him on the face with his lists, and afterwards kicking him. Joseph Berry : I am a licensed hawker, now residing 111 Auckland. I «as employed to assist the butcher and keep the poultry. Oil (he loth Sept.. tin; defendant ordered mo to assist the sailors in working the ship. 1 obeyed his orders. About, six o'clock ill the evening the defendant desired me to feed the fowls ; 1 told him T had done so. He then ordered nie lo feed them again, and 1 replied that, 1 could not do jo because there was no biscuits soaked. I."pon mnkinc this answer the defendant struck me twice on thef.iceand kicked me down, and alterwards kicked meBy Mr. Bcveridge : I was not articled onboard. 31 v duties were to help the butcher ami feed the poultry, On the day in question the sea was very rough j and all hands were engaged. 1 was not asked to give the fowls any water. 1 told ( lie mate that I would not obey his orders that evening. 1 was on the poop when the assault happened. I was ordered into the hospital by the doctor for a week. I did not t-'Il the doctor T was suffering from rheumatism, it was quite light when the assault was committed. Vernon Grey: I was a passenger on hoard the 1 British Trident.' T was present when the assault on Perrv was committed. I had no conversation with the parties before the occurrence. By Mr. Bevoridge : 1 saw the defendant strike the iulormant. l'erry's face was .swollen in consequence. The complainant ran away immediately. 1 cannot swear that, Perry did not fall down. John K. .Symor.ds, another passenger by the same vessel, deposed to having witnessed the assault, and corroborated the testimony of the last witness. Bv Mr. Uevcridge : The complainant used no insulting language. Mr. Beveiidgo submitted that the Bench could not from the evidence before the Court, tind the accused guilty of the charge against him. It was proved by the complainant's own testimony that he had been most impudent to his superior otlicer. All the witnesses had been most contradictory in their evidence, lie trusted the Bench would, by their verdict-, shew their disapproval of such insolent behaviour. John Wright sworn stated: I am master of the ' British Trident,' the defendant is chief oflicer on • board, and the complainant was assistant butcher. I was present when the assault was committed. I heard the mate order the complainant to feed the fowls, and the complainant with much insolence refused to do so. The mate then pushed him otfthe poop. 1 swear he did not full. Ifc went to the hospital in consequence of rheumatism. far as I could judge, the defendant did not strike the complainant. By the Bench : The complainant signed articles, which I produce. 'the Bench gave a verdict for the plaintiff, and ordered the defendant to pay a line of £2, or to be imprisoned tor 14 days. ANOTHKB CASE Of ASSAI'J.T. Henry Dufty and 'J homas Milner were charged with having assaulted one Beter Grace, by striking hint in tlie face with their lists. Complainant, deposed: 1 was sitting in my house' in Wyndham-strcet, on Tuesday evening last, when I beard a great noise of my dogs barking. On my out into the yard I found the defendants, with another man, were attempting to cross my premises. 1 remonstrated with them, but, they persisted in coing through my property. Duffy then drew a knife and said he would rip mc with it, and struck me on the right eye with his clenched list, and severely cut my face in two places. Milner came to his assistance with n piece of wood in his hand, anil threatened to knock ray liend oil'. I cannot s;'y whether he struck me or not.

US ■ ' ■■ » ' ii_. By the defendant Duffy; The dogs ran in tlic yard. I cannot say whether you ■were bitten or not, I never struck you. I did not urge tlie dogs to bite you. William Mauglian deposed that lie was employed in tlie Greyhound Hotel, and resided in the next house to the complainant. He saw Grace and Dufty in the yurd, talking very loud to cueli other. Two dogs had hold of Duffy. Alilner then came to his assistance, aiul struck one of the dogs with a piece of wood. By the complainant: I saw some marks on your but cannot say whether it was dirt or blood. X didjnot see anybody strike you. By the defendant, Dufty: I saw no knife ia your hand. Yon were alorie when the dogs were worrying yon. I know tlie dogs belonging to Mr. Grace to be very dangerous, so much so that it became unsafe to use the right-of-way on his property. Daniel Gough corroborated the evidence of the last witness. 13v the defendant Dufty : A stranger would probably mistake Mr. Grace's property for a public riidit-of-wny. There is a fence on both sides of Mr. Grace's premises. Mary Grace, daughter of the complainant, stated that she had seen Milner strike one of the dogs with, a piece of wood. She had heard her father ask tlie defendants to go back, but they refused to do so. X saw Milner strike my lather with his hand somewhere about the breast. I saw some blood after wards on my father's face. I do • not know liow it came there. 1 did not hear either of the defendants talk about a knife. l!v the defendant Dufty : I did not see you strike my father. David I'obertson stated that he was present dtirint; part of the occurrence, and had seen two dogs hanging 011 to Dufty, and heard a man cry out, '' hold him, hold him.'* That person is the complainant in the matter. I never saw either of tho defendants strike the complainant. Kolu rt Jones gave evidence corroborating that of the last witness. The lienuh found the prisoners guilty and ordered the accitM'd to be imprisoned for fourteen days. LUNACY. A man named i'Mmund MeKenna, a private in tlie '2nd AYaikato Militia, upon due medical certificate from I 'fs. Goldsboro' and Lawrence as to the state of his mind, was ordered to be conveyed to the Lunatic Asylum. ASSAULTING A WIFE. Thomas Oilman stood charged with having, on the evening ot'Thursday last, assaulted his wife, Harriet Oilman, bv pushing hev out of the house and locking tlie door against her. Hie complainant stated that the defendant was in the constant habit- of locking her out of lier own home and assaulting her; and 011 Thursday last upon her coming home, he had forcibly put Iter out of the house and locked the door against her. By tlie defendant: I did riot have £-0 when I left the house. I have left my home and living with a female friend named Mrs. Dyett. I should have stayed at homo if you had allowed me to do so. Thomas Oilman, a boy of about 10 years oi age. corroborated the evidence of the complainant respecting the alleged assault. The accused stated that lie was willing to take his wife back again if she chose to live with him again and did not deny the assault. The Bench lined the accused in the sum ot £2, or ordered him in default to be imprisoned for fourteen days. ASSAULT. George Peters was brought up charged by John Freeman with having assaulted him witli intent to do him some grievous bodily harm, on Friday last, bv stabbing him with a knife. The prisoner pleaded guilty. The Court sentenced the prisoner to be imprisoned for one month with hard labour. A Sl'Y. Thomas Lilly was charged with vagrancy. The Commissioner of Tobcc stated that tho accused had before made his appearance in the Court, charged with being a spy. He had then failed to V. good account of'himself, and the Resident .Magistrate had ordered him to find sureties of £50 each, to hi' 011 his good behaviour for 12 monthsIt was supposed that tlie accused was a deserter, but he had been passed before the camp and no regiment acknowledged him. Mr. Kaughton observed that he brought the matter forward ill order that the accused's sureties might be renewed. The prisoner stated that he was out of work, and was seeking for employment. The Bunch ordered" him to find two sureties of ,'Jlt'll each, to bo on his good behaviour for the space of six months.