POLICE COURT.—Tuesday.

New Zealand Herald, Volume V, Issue 1400, 13 May 1868, Page 4

POLICE COURT.—Tuesday.

(Before -T. Newman, Esq., J.P., and Dr. Home, .T.P.) Drunkenness. — John o Wahu (a Sandwich Tslander), Robert NoUn, and John Dillon alias McGuire, were each fined os and costs, or in default 24 hours' imprisonment for this offence. Breach of tub Lunatics Act amendment Act. —Elizabeth George, of Onehunga, was charged with neglecting to contribute tj the support of her sister, Sarah Roe, in the Lunatic Asylum, she being able to do so.—Mr. "Wj'nn appeared in support of the information ; Mr. Hughes for defendant, who pleaded her inability to pay.—Elizabeth George deposed that she had a sister living in the Lunatic Asylum, and hud also a brother to support who was an invalid. Her only means of support was £1 per week which she received from Mr. Nathan.— Phis being the only evidence, Mr. Wynn said ho could not ask the Court to make an order.—The ca?e was therefore dismissed. Non-payment of City Hates.—Senry Hardington and S. Brown ware summoned for non-payment of city rates. After some consultation between Mr. Wynn and Mr. Krookfield, it was agreed that an order should be registered against the land, and no proceedings should be taken against the parties, because they had no beneficial interest in tho land.— An order was made to the above effect. Assaulting a Military Constable.—J as. Hart and Jessie Lamb wore charged with using abusive and Uireafcenins language towards one Patrick McDermott, a military policemm, and threatening to take his life.—They pleaded guilty to the charge.— Mr. Commissioner said, although the prisoners pleaded guilty he did not know whether the evidence of the plaintiff should not be taken, as he had frecjuo»tly to go into that neighbourhood to look after his men, and he wished to be protected in tho execution of his duty.—The prisoners were ordered to find two sureties of £Lo each to keep the peace and be of good behaviour for months.

Alleged Forgery by a Colob-Se:.geakt.—Wil-liam Heald wis charged with having forged a cheque for £10 on the Savings Bank, on the 10th June, 1566, with intent to defraud one James Brien, deceased. 'Mr. Brookfield appeared for the prosecution, aud'Mr. Wynn for the- defence. Mr. Brookfield opened the case by stating tho faci.s cf ihe case. He said that in 1864 orlßGo the deceased Brion deposited Borne money in tho Bank, to whose signature tho prisoner was a witness. In 18S5 Brien was mortally wounded at Nukumaru, and in June, 1566. prisoner font from Wanganui an or ier purporting to be signed by Brien and witnessed, by prisoner for the sam of £10. This order was cashed by tho sergeant to whom it was sent, and remitted to prisoner, who has never as yet accounted tor it to the Captain of his Company whose duty it was to collect tho effects of the deceased and forward them to tlorse-guards for distribution amonghis nearest of kin.—John Ooombe, deposed : I aiu accountant at the Savings B ink. A private of the 18th Regiment, named James Brien, had an account nt the Bank. This account was opened in September, 1864. On opening an account at the Savinzs Bank we require the depositor's signature. The document produced purports to bear the mark of Brien. and to be witnessed by William He ild, Color-Sergeant, 2nd battalion, 18th Royal Irish. At that time Brien deposited £14. Thres months afterwards £4 was withdrawn by Sergeant fieald. I had an order for the withdrawal of that £i, which I now produce. The order is signed by Brien, witnessed by Sergeant Cavaniia»h. The money was pjid to .Sergeant Heald who endorsed tho order. In 1866 I paid the balance to Servant Molloy of the 18th Regiment who presented" the order now produced, which is dated, Patea 10th June, 1866, purporting to au.horize Sergeant Molloy to withdraw the money, and signed by Brien, witnessed by Sergeant Heald.--Arthur Molloy, Sergeant in the 2nd 'battalion, 18th Regiment, deposed: I know Sergeant Heald. tie is ColorSergeant in the same regiment. I know his handwriting. The document produced is in his handwriting. (This was tin signature note). The endorsement on the document relating to the withdrawal of the £4 is iu Sergeant iieald a handwriting. In June, 1866, I was stationed i» Auckland. At that time Sergeant fleald waß stationed at Pi.tea. Tn July, 1866, I received a document from Sergeant Heald. It was an order for me to receive £10. The whole of it, excepting the printed portion and the endorsement, is iu the handwriting of the prisoner. Oh receiving the document I went tot he ''avings Bank and received the sum of £10 ISs 2d and endorsed the order. I sent the amount less the Post-office charges and the stamps down to Color-sergeant Heali, from whom I received a letter acknowledging its receipt. I know James Brien, a private in tse lSth Regiment. Ho was shot. There was only one James Biien in the Regiment to my knowledge.—Albert James Alexander Jackson deposed : I am lieutenant and adjutant of 2nd Battalion, 18th Regiment,_ stationed at Auckland. I knew James Brien, a private in that Regiment; I saw him on the 25th January, 1865, at the village of Nukumaru in the province of Wellington. On that day he was mortally wounded, and died on the same day. I attended his funeral with that of other of our men on the evening of the 26th. Prisoner was with his company, at that time being Color-Sergeant of the company to which deceased belonged.—r-Thia was the case for the prosecution. Mr. Wynn said he should not trouble the Court with any l emarks, but would ask them to dispose of the case in the usual manner, and ho would advise the prisoner to reserve his defence.—Prisoner was then fully committed to take his trial at the Criminal Sittings of the Supreme Court, bail being allowed in two sureties of £50 each, and himselfi n £100. This concluded the business,