POLICE COURT.-Monday.

New Zealand Herald, Volume IV, Issue 1121, 18 June 1867, Page 6

POLICE COURT.-Monday.

(Before Titos'. Beckham, lisrj., K.il.) DRUNKENNESS. 15oderick JJobinson, John Wright, William Saunders, William Dixon, George Smith, Sarah Moore, James Ferelough, Andrew Buchanan, William Gilliam, John Steers, and John Humphries, were puuished for this offence. APPEAL UNDER THE HIGHWAYS ACT. His Worship delivered tlie following judgment in the case of William Galbraifch, against the Highway Trustees ot the Mount Albert District, being an appeal against the assessment ot' the Board, on the ground of insufficient description of the appellaut's property. His Worshi;) said, with reference to the caso which was heard on Saturday—ail appeal against j the Chairman and Trustees of the ilount Albert Pistrict, under the highways Act, —it would s;;ein from the evidence and from the notice to the Chairman in reference to tho appeal that ; hem was no doubt at all as to the assessment

: accurate, tlicy do not appeal against that, iuii if, would seem that it is against the mode in which tiie assessment was arrived at, not the result;. The only point for the Court to consider is whether or not each separate property should have its specific assessment, that is the real point at issue ; and after careful consideration of the 23rd clause of the Highways Act, the Court is of opinion that there should be a specific assessmsut of o:vh property. But it can. only affect this one case as the time has elapsed for interfering with the others, if indeed thero he others of a similar nature, therefore the Court feels itself bound to order that this particular case be amended. It will only require a few moments to make the amendment and.then the whole matter will he in sl/thc quo. Each of the rate payers may have separate interests, and unless each property has its <r.vn specific assessment, I think injury may be dono to the ratepayers. Mr. Hesketh applied for costs. • i I is Worship said the amendment was of such a trifling charactcr that it was a matter of no moment. Mr. Hcslceth said no matter liow trifling tho amendment might be ito'ould only he amended by tho course he had adopted. His Worship said the only mistake, was as to the construction of that clause, and other parties were equally liable to run into the same error as tho Mount Albert .Highway Board. In fact, tho Highway Board at the North Shore- had committed the same mistake. His Worship ultimately allowed the appellant costs and the costs of the Court. CHILD MUKDER. Mary Jane Palmer, was brought up.charged with having been guilty of child murder at liemucra, on the 28th Muy last. David Ifeanealy, a milkman residing at Remuera, deposed that the prisoner was in his service up to the 2Sth May last. About halfpast four o'clock on the morning of that day, witness heard the prisoner moaning in her bedroom, and upon inquiring tho cause, prisoner said she had a cramp in her stomach. Went awaj at about u.30, returning at 10.30, and from some information he received wituess went into her room, and found her lying on the bed with a blanket over her. Asked her what was the matter, snd she said "nothing." Witness's wife in his presence accused her of having given birth to a child. Went all round the house and found traces of blood about, the place. Went and brought Dr. Fisher who went into the girl's bed room accompanied by witness's wife. After about ten minutes the doctor came out, and witness and lie found the dead body, a female child, wrapped up in canvas lying Ridden in a toctoe bush outside the house where witness had searched previously. Prisoner had boon, eleven weeks and two days in witness's service. I'Tevor had any idea that she was pregnant. Prisoner declined to cross-examine. '■ Alder Fisher, member of the Boyal College of Surgeons, England, and a licentiate of Apothecaries Hall, deposed, that he proceeded to the house of the last witness, where he found the prisoner lying on a bed, and dressed in her ordinary clothes. Examined her, and found that Bhe had given birth to a child, and witness had

to deliver her ol" the after birth. Taxed her with having gi vou bir th to a child, and she at first denied it, but afl erwards confessed that she liad, and that site placed the infant in some rushes near the well. Found tho child as described by last witness. The body was th-vt of a female child and was quite cold. The child was quite small but Izad arri red at maturity. Tliorc were no marks ot violence. Could not y from the examination then made vrhciher or iiotthc child was born alive, but the j>qst mortem examination disclosed the fact that the child had breathed freely. Whether the child li:ul l.«a born dead or .-.lire witness could not fay. .Had knocrn a' child breathe froely when par! y born, which died before the completion ol f.he birth. The naval string was lorn asunder about five indies from the child s body, and the portion attached to the afterbirth was lacerated in a similar jnanlier. There w:i■ no ligature on cither extremity. In consequence of the navel string being so much lacerated that the probability of heiiimorhage would be rery slight, it would render a ligature unnecessary. Believed there was no heminorhagc. Believed that the infant's death was caused by its extreme weakness, and exposure to cold. The probability was that the child was bom alive. Believed it was, but was not sure. The evidence having been read over to the prisoner and the usual caution given she declined to say anything in defence. His Worship committed the prisoner fox* trial at the next criminal sittings of the Supreme Court for concealment of birth. This concluded the business.