POLICE COURT.—Friday.

New Zealand Herald, Volume IV, Issue 1053, 30 March 1867, Page 5

POLICE COURT.—Friday.

(Before Thos. Beckham, Esq., R. M.) DEUNKENNESS. Peter Murray and Bicliard Jones, were convicted of this offence, and ordered each to pay a fine of 205., and the costs, or in default, to be imprisoned for 48 hours with hard labor. LUNACY. Charles Mason, and James McGinn, upon the testimony of Drs. Goldsbro and Stratford, were committed to the Lunatic Asylum. BREACHES OF LICENSING ACT, 1863. Charles Mack was charged with having been guilty of a breach of the 28th clause of this Act on the 16th inst., by permitting gambling in Ms house, known as the Shamrock Hotel, situate in Albert-street. Mr. Commissioner Naughton appeared for the prosecution, and put iu the Act, under which the information had been laid. Mr. O'JSTeill appeared for defendant, who pleaded not guilty. Patrick Molloy, Sergeant Major of Police, deposedAt about a quarter to 12 on Saturday, I proceeded to the Shamrock Hotel, of which the defendant is proprietor.. I entered the house, which was closed at the time, and turued out a number of men, who were standing in a large room. I wen t into a room behind the bar where I found three men playing cards for money. Defendant was one of the players, and when I entered he put his hand upon the money, 2s. I brought away the cards produced. X left the house, and. defendant followed me, and requested me to return the cards, saying that he would not "be nice about a £5 note," if I complied. Cross-examined by Mr. O'Neill: Saw no one drinking, but about 14 men were in the house. They were not all boarders. I asked the defendant why his house was not cleared, and he replied that some of the men lived there. I went into the room in which the men were playing by the passage door. I will swear the men all had cards in their hands. I will swear they were playing a game, but I cannot tell what game. They may have been playing tricks. I will swear they were playing for the money.

John Finlay, a builder, deposed that he was in the house on the night in question. Saw cards in a pile on the table and also 2s lying near them. Not one of the cards was in the hands of the men sitting at the table. The Sergeant Major made a " hop " into the room and seized the cards.

Cross-examined by Mr. Waughton : Mr. Mack was a witness for me in a former ease.

His Worship said it was a great pity the Sergeant Major had not taken the bribe if it really was offered, and forthwith handed it over to the Commissioner of Police, and laid an information, immediately. The Bench however, could not convict on the information, though there was no doubt that either the Sergeant Major or John Finlay, had been guilty of direct perjury. Defendant was discharged. George Rowley was charged with a breach, of the 26th claase of the same Act, by selling liquor in his house, known as the "Coaclimaker's Arms," corner of Albert and Wellesleyscrects, on Sunday the 17th. Mr. Commissioner .Naughton appeared for the prosecution.

Mr. Joy appeared for the defendant, and. pleaded guilty, stating- circumstances in extenuation.

His Worship fined the defendant £10. William Kose, proprietor of the " Coach and Horses," was charged with a similar offence by supplying drink on Sunday morning, the 24th instant.

Mr. Commissioner Naughton appeared for the prosecution.

Defendant pleaded guilty, stating in defence that the offence was committed by his barman, during liis (defendant's) temporary absence. His Worship ordered the offender to pay a fine of £10.

ASSAULT. Eliza Ifempingstall was charged by Mary Ana Matthews witli having assaulted her on Monday the 25th, by throwing stones at her. Mr. Brookfield appeared for complainant. Defendant pleaded not guilty, and all witnesses were ordered out of Court. Mr. Brookfield having briefly stated the facts of the case, called Mary Ann Matthews, who deposed, I was live ing on the Wliau Koad, at Mount EdenonMonj} day last. My daughter married John Dunn, k carpenter, lately deceased. Sint-c his death X have been subjected to annoyance from MrsHempingstall, who charged me, shortly after his decease, with having poisoned him. She threw stones at my daughter and myself, and called us murderers. On Monday evening last defendant entered my house. My daughter had been recently confined. Defendant asked me for the nurse, and followed me to the bed-room door. The nurse said she must not enter the bedroom, and defendant said the nurse was smothering my daughter in the bed. My husband put the defendant out, and she picked up a large stone, and threatened to throw it through, the window. My husband caught hold of her hand and prevented her. She then became very violent, saying that I was the old doctoress, and Dunn was not the first man that I had mnrdered. In consequence of her violent conduct I am in bodily fear.

Elizabeth Campbell, the nurse, gave corroborative testimony. Defendant called several witnesses in defence, the first of which said she knew nothing whatever of the circumstances, and the others did not appear. Ordered to find two sureties of £25 each, to be of good behaviour for six months,

IAECENY. John Malony a discharged soldier of the 57t!i Regiment was brought up charged by Charles Shields, a private in the same regiment, with, having on the 23rd instant, stolen from a barraek-room in the Albert Barracks, two silver medals and clasps, value about 10s. 6d. Prisoner pleaded not guilty, and was defended by Mr. Joy. Mr. Commissioner Naughton who appeared for the prosecution, informed the Bench that the principal witness was a soldier who had embarked on board the ship Maori, bound for England. Tne case was adjourned until 1 o'clock for the production of the witness in question, and on the Court re-assembling at the appointed hour, Mr. Commissioner ISTaughton informed the Bench that through the dilatoriness of the military authorities, the evidence against the prisoner was insufficient to secure a conviction, from the fact that a person, who it would appear had received the stolen property from the prisoner and subsequently pawned it, had gone to Hobarfc Town, so that a most essential link in the chain of evidence for the prosecution was deficient. The prisoner was therefore discharged. Mr. Commissioner Naught on informed the Bench that the evidence of the prisoners woulcl be required on Saturday (to-day), in a eharge which had been brought against another party for a breach of the Mutiny Act. His "Worship instructed the Commissioner to write to the officer commanding the troops on board the ship England now lying in the harbour, acquainting him with the circumstances of the case, and also, to issue the necessary subpoenas to secure the attendance of the witnessesThis concluded the business.