POLICE COURT.—Wednesday.

New Zealand Herald, Volume III, Issue 872, 30 August 1866, Page 4

POLICE COURT.—Wednesday.

(Bcforo 3. Browning, Esq., 3.V., and F>. B. Thornton Esq., J.P.) DBUNKENESS. James Kane, John Taylor, and G-ustav Eoo - nell, were each charged with this offence, and ordered to pay a fine of 20z. and costs, or in default to bo imprisoned for 48 hours with hard labour. DKEACH OF SLAUGHTER HOUSE ACT, P. G. Cliiyton was charged by F. 0. liowis, with a breach of llio ll.th clause of the. " Slaughr ter House Act," by skinning or dressing cattle after 10 o'clock at uight.

Mr. McCormaek appeared for defendant, and asked the prosecutor, Mr. Lewis, to point out the clause under which, the information was laid. There was n clause against slaughtering cattle after a certain hour, but none against skinning or dressing carcases. P. C. Lewis deposed : Defendant has a license to work in the public slaughter house, at; Newmarket. On Thursday last night, about eleven o'clock, McOullogh and another slaughtermau came to ray house and reported that the. lessee was working after hours, George JNTcsbitt was the. next witness called, but did not appear. The service of the subpoena was proved by constable Costello. Edwin M'Culloeh, licensed slaughterman, deposed : I was in the public slaughter-house on Thursday night Inst, after the hour of ten o'clock. Defendant was there. I saw him knock two bullocks down after ten o'clock that night. I reported the circumstance to the Inspector.

By Mr. M'Corniao.k : I sometimes carry a watch. I had no watch that night.. There is no clock in the slaughter-house. I saw tho publichouse clock before I went down to the slaughterIt was fully twenty minutes past ten when I sayr the defendant knock do.vii the bullocks.

.Robert iSosbitt deposed : I was in the 2f cwmarkot slaughter-house on Thursday night last, after ten o'clock. Defendant was there. I saw him dressing u bullock after ten o'clock.

Cross-examined by Mr. M'dormack: Tho last witness delayed the defendant, by .not proceeding quickly with his work. Dofon.dll.nfc complaineil of this in last witnesse's hearing. Ten minutes after the ildor was cleared defendant killed a bullock.

Mr. M'Cormack argued thero. was no ofTencc proved, as there was no such offence in the Act as skinning and dressing. The Act contemplated the slaughtering of cattle only, and allowed an hour to clear away, after which time the slaughter-house must be closed, and defendant had not exceeded the time.

The Bench found the case proved, n.ad fined the defendant iu tho mitigated penalty of 20s. and costs.

Charles Mills was charged with a similar offence. Found guilty, and lined 20a. aiid costs. BREACnES OF THE LICENSING ACT. "William Rose was charged vritli a breach of the 29th. clause of the. above Act, by allowing music and singing in. Ms house for public entertainment. Mr. Gillies appeared for the prosecutor. Mr Beveridge and Mr. VVynn for the defence, Sergeant Murphy deposed that he Trent into tho hotel kept by defendant on Saturday night last, about ten minutes tc nine o'clock/ In a large room immediately behind the bar ho saw about 50 people sitting with drink before them. This room was the most piiblic room in the house. Tho laudlprd was there. A woman named Christina McOrao was playing a piano. She was not there as if she had just cOnio there. Witness had frequently seen her there before. A man was standing alongside the piano sinking. Witness asked defendant if he had permission to allow music in his house, and he replied he had not.

Constable O'Sullivan gave similar evidence. Christina McCrae deposed that she was in the large room behind the bar of tho Coach and Horses Hotel on Saturday night last from halfpast six till eleven o'clock. She was amusing tho company there by playing the piano:. Slie was employed by defendant to do so*. Mr. Wynu addressed the Court for tho defence, and argued that this Court could not. disturb a decision which had already been given in a previous case in this Court by two other justices. The proper course for the police to have adopted was to have carried the case to a superior Court if they were dissatisfied with, the previous decision. The Bench considered the case proved, and inflicted a penalty of £6. ANOTHEK CASE. Peter Storier McKenzip; was charged with having allowed music for public entertainment to take place in the [Tmon Hotel,

Police Sergeant Murphjr deposed that lie went into the Union Hotel on Saturday night last, about twenty minutes, to: nine o'clock. In a large room attached to the. public house, he saw thirty or forty people: sitting there with drinks before them. At one end of the. room a platform or stage was erected, on which there was a piano, which a man nained Henry Chalmers was playing. A. man was standing beside the piano singing. On asking defendant, he said he had no permission. He did not know what permission meant. Mr. Commissioner Naiighton deposed, that the name of P. S, M'Kenzie was on the window of the Union Hotel, and that he had told witness that morning that lie held jiho license, although witness believed tllo.liccnso to bemado out in the name of Mr. Morrih. : Constable O'Sulliyan supported the evidence < of Sergeant Mm-phy. '....;. „■■.. Mr. J3everidgo addressed the Qoitrt on behalf of defendant, He argued that it had not been ' proved that the man playing had not been employed by defendant. It had not been shpwa '

that defendant was the holder of the license under the Act. It would bo shown that the holder of the license was J. C. Morrin. 8,. P>. Lusk was called and deposed that tho license for the Union Hotel had been issued to J. C. Morrin.

Tho Bench considered the case proved, and ordered defendant to pay £5 and costs.

Ephriuiii Milk was charged with a similar offence, nnd was mulct in the same amount. Mr. Ueveridge gavo notice that he should appeal ou the two last cases. ASSAULT. William. Sale was charged by J/aines (Jurne'y with striking him on the head with in iron scraper. Mr. McCorinick for the plaintiff; and Mr. Wynn for tho defence.. . The ease- was brought under the Following circumstances: —Plain tiffwas foreman to Messrs. Amos & Co., and defendant was employed to paint drnys for thorn, jijc went into the stable to get a brush, when plaintiff ordered him to put. it down. Oh his refusal, plaintiff seized him by the neck and tried to get the brush from him. Defendant then, struck him on the head with the scrapnr. This was the assault cornplained of, A cross action was brought by Sale against G-urney for assaulting him, In the first case tho defendant was ordered, to pay a fine of 40s. and costs, The second ca*e; was dismissed. ASSAULTINa A CONSTABLE. Phillip Lowis was charged with assaxilting. a police officer, by striking hini on the face with his clenched fist.

Constable McCaffery deposed that as he was assisting Constable Olver to take, a prisoner to the loulc-up, ho was struck on tho head and face by some one.

Constable Olvor deposed: That he saw the prisoner strike tho complainant several timei over the head and face. -

Tho defendant being a Frenchman, Mr. Cunningham interpreted. Ordered to pay a fine of -60s and costs or six weeks' imprisonment.

James Tackett, was charged with assaulting James IrXcCaffery, a constable, by striking him on the head and face with his fist. .He pleaded guilty, and was ordered to pay a fine of 60s and costs or six weeks' imprisonment, Henaro was charged with, stealing a stick of tobacco. He pleaded guilty, but on the application of Mr. Naughton the case was remanded till to-day. This concluded the business.