POLICE COURT.—Thursday.

New Zealand Herald, Volume X, Issue 2907, 23 May 1873, Page 3

POLICE COURT. —Thursday.

[Before P. A. Philips, Esq., Mayor.] Drunkenness.—Three persons were punished for this offence. VAGBANCr.—Daniel Donoghue pleaded guilty to being found in a stable without lawful excuee, and was sentenced to seven days'

imprisonment with hard labour. X/ABCENY. —Jane Ryan, for stealing a pair of boots value 7s 6d, was sentenced to one month's imprisonment. — Win. McKenzie, Charles Moss, and John Johnstone, three boys of 13, 11, and 12 years of ago respectively, were charged with stealing oQlbs. of copper nails, tho property of Messrs. Sym3 and Brown, on the 19th inst. Win. Brown, of the firm of Syms and Brown, shipbuilders, deposed : On Saturday last I left a punt lying alongside the Queen-street jetty with a quantity of copper in it. On Monday I miseed some of tho copper. I cannot identify the copper, though it is similar to that missed from the punt. These boyß might have picked the copper up from tho beach, and. I should not like to press the charge against them. Samuel Manders deposed to having purchared the copper produced from tho prisoners. Detective JefTery deposed to arresting Johnston and Moss, who said tliat they had taken some copper nails from the punt, but that they picked up the copper on the beach. Sergeant Baker deposed to having arrested tho boy McKenzie, who staled that he had picked the copper up on the beach. Each of the prisoners repeated their former statement. Inspector Brohain said that the boy McKenzie had lately come to Auckland, and had had several situations, but ran away from them. McKenzie eaid that the last place he was at ho was told that they did not want a boy any longer, and the place he was at before he was not big enough to keep it. McKenzie waß discharged. Moss was sentenced to 24 hours' imprisonment, and Johnstone, who hod been previously convicted, to seven days' imprisonment. Assault. —The hearing of the evidence in the charge of assault, Ellen Browne v. James

[nghain, was continued. Ellen Barret and Mar»aret Clunes gave evidence for the prosecution. Mr. Cornford, having addressed the Bench by commenting upon the discrepancies in the evidence, and between any of the evidence and the sworn statement in the information, the cross case was called on, and James Ingham deposed to having gone to Mrs. Browne's house, on Friday last, and there saying that if they had any complaints to make of his children, they should bo made to him. Mrs. Browne tried to shut the door on | liim, and he said when be came civilly she should not closo the door on him. He placed his foot against the door. The defendant then took up the poker and etruck at him, and he guarded the blow with his left arm and took the poker from her. He then left and she followed him down the steps, and took up a piece of wood ; she struck at him, and then seized him by the shirt produced (which was torn very much), and was the one he had on at the time. She tore as it is now.' He laid her down to make her let go of him. He stated that he did not strike her, but she struck and hit him. Witness was crosß-examined at length by Mr. Russell. Catherine Ingham, wife of the last witness, and Feter Kelly, who witnessed th< p.ssault, gave corroborativo evidence. Mr I Russell having addressed the Bimch, hi

Worship .-aid that there was a great deal of contradictory evidence and hard swearing oil both aides. However, it was very evident that Ingham had been the aggressor, and although he may have received some provocation, it was not sufficient to justify him in assaulting the complainant it: the Ur?t rase, Ellen Browne. Under these circumstances, he should fine I<;gharn 403 and c t: , or 1 t days* imprisonment, aad order :u:r ! ? ii::"i two sureties of £20 each, to keep tr,o p- v u'e ::c three mouths, i'he second ease wa» dismissed, each party to pay their own coats.

Highways Act. —-J. H. TTauson wasGharged on the adjourned case of no^.acting to hand over certain moneys, the property of the Titiraugi Highway" Board, after having received legal notice to deliver up the 'same. Mr. James Kutsc-11 appeared for the prosecution, and llr. J. 13. Russell, instructed by Mr. liitsk, for the deit-nce. Hi- Worship suggested that the matter should be fettled out of Court, ilr. J. 15. Kus-eil slated that the money had be;-n lodged i;t the bank, in the name of Mr. Hanson and one of the trustees, in the manner required by the Act. He also made an offer to srt-110 the matter, but. it was not avopted by the prosecution. After considerable discussi m, the case was about to bo proceeded with, when ilr. J. B. Rusi>eil stated that as the charge was laid ou mi information, the defendant could not be examined us a witness. Mr. James Russell applied to havo the information amended to a complaint. Mr. J. B. Russeil objected as t.ho case iiad previously been adjourned, and the defendant saddled with costs. The Court allowed the information to be amended, and the defendant was examined. In process of the examination of the witness, a number of technical objections were raised by the counsel for the defence, and His Honor suggested that as it was so difficult to adduce legal proof of the circumstances it would be advisable to take time to prepare the case. Mr. James Russell then applied for the case to be withdrawn, which was allowed.