MAGISTRATE'S COURT.—Tuesday.

New Zealand Herald, Volume II, Issue 346, 21 December 1864, Page 5

MAGISTRATE'S COURT.—Tuesday.

(Before Thomas Beckham, Esq., li.M.) DRUNKENNESS. Edward Jones, Frederick (Smith, and William Wallace, charged with - this offence, were severally fined in the sum of 20s. and costs, or in default 48 hours' imprisonment. ASSAULT. WYSK V. M A C >" A M AI lA. Mr. James Macnamara, charged with assaulting Mr. Wynn, appeared to answer to his bail, which was enlarged until 12 o'clock to-morrow, by consent. BREACH Ol' IMPOUNDING ACT, 1856. George Dickßon stood charged with a breach of this Ordinance, by allowing a horse to stray in Hobson-streel, on the 14ih instant, uud was lined in the sum of 10s. and costs. Michael liyan was also charged with a similar ollence, by allowing six cows to stray in Victoriastreet. '1 lie accused did not appear. The service of the summons, and the particulars of the ollence, being duly proved, a line of •!os. and costs was recorded against the defendant. Another charge, against Alexander Carril, of a breach of the same Act, by suffering a horse to stray in Cook-street, was also heard, and the defendant fined 10s. and cojts. Wm, Murray was charged with a similar offence, and mulcted in the same amount; and Archi bald Nesbitt, for suffering two horses to stray in Harding-ton-street, was treated in the same manner. BEJSACJtES or MUNICIPAL I'OLICK ACT. Thomas Jones and Samuel 'I'liornley were charged with allowing their horses and carts to remain in Queen-street, oil the 15th instant, without any persons in charge, and severally fined 10s. and costs. WILFUL DISOBEDIENCE TO LAWFUL COMMANDS. Edward llogan stood charged by Capt. Oughton, of the ship ' jNimrod,' with tlio above otl'ence on the 13th instant, while on the high seas. Prosecutor deposed : Prisoner is an ablo seaman on board the ' Kimiod,' of which vessel I am master.

On tho 13th Decombcr the ship -was at eca, au3 on that day about 8 o'cloct in tlio morning X ordered the prisoner to go to his duty, but ho refused to do so, and continued rofractory until wo arrived in harbour last Saturday. 'Xlie prisoner in defence said that the prosecutor had ordered him oil duty the preceding day for insolenco, which did not seem to hare nuicli weight with the Bench, who found the prisoner guilty, and ordered him to be imprisoned in tho common gaol of Auckland for iour weeks, aud to bo kept to hard labour. ANOTIIEH CASE. James Halbey, Robert Rallies, and fTo]i7i Crompton, pleaded guilty to an offence of this nature, preferred against thorn by Captain Caughai, of the ' Mystery.' Captain Caughai produced tho log, signed by tlio chief oflicer. The Court ordered tho prisoners to be imprisoned for 14 days, and to bo kept to hard labour. TllK IIOBDKRY AT Mil. E. KING'S. Richard Dutnfrey was brought tip on remand, charged wilh having stolen a quantity of wearing apparel, a gun, and other articles, to tho value of £2 t 14s. 3d., from the houso of Jul ward King, ill tho Kyber Pass Road, on the ( JLh November instant. Tho Commissioner of Police applied for a further remand, in order to obtain eridenco as t.other charges against the prisoner. J. ho Court remanded the prisoner until Friday. violent assaui.t. James Evan stood charged by Richard "Walker with having assatdted him on the 27th November, at Matakana, by knocking him down, kicking him in tlio ribs, and thereby breaking ono lib, and injuring two more. The Sergeant Major of Polico said that tho prisoner hiul two aliases, viz., Kvnn Gill and James Lloyd. T he prisoner stated that his name was J.ancs Evan Julia Lloyd Gill. Richard. Walker, deposed: I am the informant. On Sunday, tho 27th November, 1 was at Matakana in Mr. Yercoe's house. At live minutes to nino in the ovening, tlio prisoner, accompanied by two men belonging to the survey, came to tho houso. \Vo were in bed at tho time. I saw a light, and arose in consequence. I saw tho men about tho house an hour and a half previous. It is a farm house. When I was going to bed I saw them sitting at a table. At 9 o'clock I saw tho blind pulled down, and light put out. I got up to order them away with only my drawers on, when suddenly tho door leading "to the garden opened, and the prisoner rushed out, knocked mo down, kicked in my ribs on both sides of my hody, and jumped on inc. 1 suffered great pain, and on tho following day 1 crawled as far as Mrs. Lamb's, who sent lor Dr. Cruicksliunk, who has attended mo since. I never had an angry word with prisoner sinco I liavu been in tho place, which is six weeks yesterday. By prisoner: You put Mr. Yercoo to bed that night. Mr. Vereoe and 1 wont down to the store that day. I hud two glasses of ale during the day. I took a bottle of pale brandy home, which I carefully stowed away in my boots in my bedroom, for safe keeping. 1 was perfectly sober when I went to bed.

Uy the Court: I did not desire to turn tho prisoner out, but liis two companions, who had no business there. 1 havo charge of tho house for Mr. Yercoe. ■Alexander Cruickshank deposed : I am a member of Koyal College of Surgeons, Edinburgh. Oil the 2Sth November I was called in by Mr. Walker to attend him at Mr. Lamb's. Upon examination 1 found one of the prosecutor's ribs on the left side was broken. On the right side below the liip-joint there were signs of a severe contusion. About two days after, on furiher examination, I found much discoloration on both sides of the body. Ido not consider that any serious results will follow. The prosecutor was so deaf that it was with difficulty that his evidence could be elicited. The Court fully committed tho prisoner to take his trial at the next session of the Supremo Court for a violont assault. THE ItOBBEKY AT THE ODD FELLOWS' ARMS. John Leonard was brought upon remand, charged with stealing a wuteh and chain, value £11, from the waistcoat pocket of James Nicholas, in the skittle alley of the Odd Fellows' Anns, Chancery-street, on Saturday last. James Nicholas deposed lam a boatman, residing in Auckland. I know the prisoner. On Saturday morning last I was in the skittle alley of the Od'd Fellows' Arms, in Chuncery-strcet. I wiis playing u game of skittles between ten and eleven o'clock. About a quarter of an hour afterwards the prisoner came in. I had taken my coat and waistcoat oil', and they wero lying on a feat in the alley. In tho waistcoat pocket was a watch and some silver. When tho prisoner came in he sat down alongside of niv clothes and turned tliem over. When 1 looked round I saw my watch lying on the ground, and I picked it up and asked tho prisoner what he had got in his hand. On opening his right hand I found 4s Gd, which I recoveied from him. The prisoner then tried to laugh the matter oil'. I had about 5s or tis when 1 commenced playing. By the Prisoner: The guard was not- attached to

the waistcoat when I found it upon tlie ground. The watch wns in tlie jocket, and could not have fallen itselt. 1 did not see you pick any moiiev oil tlie ground. The natch and chain now produced are my property, and are worth .£ll.

Mr. Wall deposed : I reside ut the Odd Fellow's Anns, Chancery-street, and was there last Saturday morning about 10 o'clock, in the skittle alley. *1 saw prisoner and prosecutor there. The prosecutor's coat and waistcoat were lying on a seat on tho lolt hand side ot the alloy. I saw the prisoner sitting beside tho last witness's clothes, anil groping about them with his hands. I saw a watch drop to the ground, and the prosecutor at once came and picked it up, accusing the prisoner of having some money of his ill his hand. The prisoner tried to laugh it olt, and ho was afterwards given into custody.

Sergeant Mollov deposed : That he had heen sent for to the Odd I'ellows' Arms, Chancery-street, on Saturday last, and the piosccutor had given the prisoner into custody for stealing a watch and chain. He had taken possession of the watch and chain, which he now produced. Tho prisoner, in a long rumbling story, denied all knowledge of the theft. The Court said that there was not sufiicient evidence to warrant the Bench to send the prisoner for trial, at tho same time there was no doubt but that he was a very suspicious character, and required the surveillance of the police. The prisoner was consequently discharged.