POLICE COURT.—Friday.

New Zealand Herald, Volume X, Issue 2788, 4 January 1873, Page 3

POLICE COURT.— Friday.

[Before P. A. Philips, Esq., R.M.] Abusive Language. —James Campbell was charged with using abusive language in Short-land-street on the let inst. The prisoner admitted the charge, but asked the Court to overlook the offence, as this wa9 the first time he had ever fallen into the hands of the police. Judgment in this case was reserved, until a second charge of assaulting the police had been heard. Assaulting the Poltce. — The last prisoner and one of his mates, Hector McKenzie, were jointly charged with assaulting Constable Naughton, whilst in the execution of his duty. This case arose out of the first one ; as the assault was committed on the constable when he was arresting the first of the prisoners for abusive language. Both of the defendants pleaded guilty. Tho first named, for both offences, was fined £5 and costs, wil.b. the alternative of 30 days' imprisonment; and McKenzie, for assaulting the constable, was fined 40s and coats. A further charge against McKenzie, of destroying tho constable's uniform was withdrawn, on the defendant agreeing to pay for the damage done.—Michael Carey was charged with nssaulting Sergeant Walker. The prisoner did not. recollect the occurrence ; but the constable had a better memory than the prisoner, und deposed to the assault, and also to the fact that the prisoner had destroyed his coat, value 30s. The Bench fined the defendant 20s and costs, or fourteen days' imprisonment; and ordered him to pay for the damage done to the coat, or else to undergo an additioned sentence of 7 duye' imprisonment. Malicious Injuet to Pboperty Act.— Thomas Culleu wns charged, on remand, with wilfully aud maliciously breaking a glass cuse, v«lue £3, the property of Samuel Young, of the Waverley Hotel.— Thn barman of the hotel deposed to the defendant having been quarrelling with a man in the bar of the hotel, and when witness was in the act of removing the defendant he was very violent, and in his struggling knocked against a glass case and broke it.—To the Bench : Witness did not wilfully break the glass ; it waa done when he was struggling to get to the man whom he wanted to fight with.—A constable gave similar testimony.—The Bench thought that there was no wilful or malicious intention ehewn in the defendant breaking the glaas, aud that it was rather the result of accident. —Mr. Broham said that the intention in these cases was always judged from the result. He considered the evidence whs sufficient, to obtain judgment against the defendant.—Mr. Madden, not being interested in the case, rose as amicus curia, and said that it was his opinion that the case was being considered in the wrong Court; lie considered there was no ground for the present charge, and that a civil action should have been brought against the defendant. From the evidence, he considered that the damage was committed purely by accident, and there had been no evidence to show tliut it had been done either wilfully or maliciously.—Mr. Broham still contended "that the point he raised was a vulid one and applied for an adjournment; so as to enable him to produce authorities. The case was adjourned until Mondav next.

TiiaKATKNisa Language.—Joseph Couzens was again charged with threatening to tuke the life of his wife.—Mr. Beveridge appeared for the complainant, and Mr. C. Madden for tho defence. —Mr. Beveridge said that it was scarcely necessary to remind the Court that the defendant had bsen frequently brought ud on a similar charge to tho present; but lie was pleased to be able to say, that this would in all probability be the lust time, as the defendant had agreed to quit the province Upon this consideration the complainant was willing to withdraw the charge, and he would therefore apply to have it struck off the list. — Inspector Broham opposed the withdrawal of tho charge. He said thiit the prisoner had acted like a wild beast, had broken everything in the house, had been a terror to the neighbourhood, and a trouble to the police. He could not agree with its being settled so easily. —Mr. Madden thought that as the aggrieved party was content with the terms of the settlement, tho case ought to be allowed to be withdrawn.—Mr. Boveridgc believed that a treat deal of love rually existed between huiband and wife ; only it took such a peculiar and dangerous form of expression, that it was best they should be romoved from each other's company, and this would be effectually done by conforming with tho agreement the husband had made, to leave tho province.— Inspector Broham said that unless something was done, a murder would be committed in the defendant's house, and he had no confidence in the defendant's promise to leave the province.—The counsel on either side said that it was their opinion the defendant would keep to his agreement, and the Bench allowed the case to be withdrawn.

Municipal Police Act.—Richard Saudall, for allowing two horses to stray ou the 20th ultimo was fined £1 nnd costs. Cm Br-LAWg.—James Hanley was charged rritli furiously driving in Q'leen-street. This case wue adjourned until Monday next, in consequence of the forced abaeuce of defendant's counsel. —Timothy Hayes waa charged with allowing three cows to stray on the Military Roserve, and to depasture there. The defendant said, " That ho had obtained permission from Sis Honor, Mr. Brohatn."— Mr. Brohatu. " You should not call me ' his honor'—the Chief Justice only is called " his honor*.—The defendant continued : I obtained permission from the Chief Justice, Mr. Broham (laughter), to drive my cuttle to water, and that was how they came on tho Military .Reserve. —Mr. Broham explained that the defendant had asked if he might drive hie cattle to water, and had been answered iu the affirmative ; but this did not mean that they should depasture on the Military Reserve.—The Bench ordered the defendant to pay the costs of the case. —A similar charge againet a very old offender, Elizabeth Kyan, was dealt with in a like manner, —Lydia Lucus, for allowing the chimney of a house occupied by her to take fire, on the 28th ult., was fined Iβ and costs.