POLICE COURT.—MONDAY.

New Zealand Herald, Volume XII, Issue 4335, 5 October 1875, Page 4

POLICE COURT.—MONDAY.

[Before J. Cosgrave and C. N. Marshall, Fsqs., Justices.] Dkuxkekess.—Ten persons were punished for this offence. Assault.—Andrew Mcßride was charged with assaulting Mr. Neayle. This case was withdrawn upon the defendant paying the costs, £ 1 6s Gd. —A case of assault, King v. Robert and Thomas Scott, was adjourned until Tuesday. Merchant Shipping Act.—John Hays was charged with refusing to obey lawful commands on board the ship John Ronnie. Mr. Laishley appeared for tho defendant, and Mr. Hesketh for the prosecution. The captain was willing to take the defendant on board, if he would return to his duty. The prisoner said he would rather go to a felon's cell than return to the ship. As he required witnesses for his defence, the case was adjourned until Tuesday.—John Gildou was charged with wilful disobedience of lawful commands, on board the ship City of Auckland. Mr. Hesketh appeared for the prosecution, and Mr. Laishley for the defence. The defendant pleaded guilty, and the charge was withdrawn upon his promising to return to duty.

CitiMixAL Assault.—Williani E.'irby was charged upon warrant with assaulting Isabella Bain, with felonious'intent, on the Ist inst. Sir. Hesketh appsared for the prosecution, and Mr. Joy for the defence. The Court was cleared during the hearing of the case, by the order of the Bench. Mr. Hesketh opened with a statement of the case, and regretted that the evidence he was in possession of was conclusive against the£[prisoner. He made the statement for the prosecution, during which he was several times interrupted by the accused. The following is a summary of the evidence: —lsabella Bain, wife of James Bain, residing in Lorne-street, deposed that she had known Mr. Kirby for eleven months. She and her husband occupied only one room in a house in Lorne-street; that room was at the back of the building. On Friday witness's husband, after tea, left the house at a quarter to six. He told her he was going to the Whau, and she understood it would be late before he returned. Witness then went out and met her mother, and walked with her to the foot of Wake-field-street. Her mother wanted ss, and she got the pound her husband had given her changed by the man in charge of Mr. Kirby's yard, and then returned to her own house. She put the change in the drawer, all but 7s 6d. The house had the same appearance when she returned as when she left. She turned round and took a kit down, intending to go for the groceries. She took her shawl down, and was about to put it round her when the prisoner came to the door. He said, '' Good evening, I saw your husband go up the street." Witness said she expected her husband to return immediately, but she really did not expect him. After some conversation, which revealed the purpose of the visit, the witness said she attempted to run out of the house, but was prevented by the prisoner, who then committed theassaulteomplainedof. Shesaidthatshedid her best to scream, but was prevented by the prisoner. The witness's husband then came to her assistance and pulled the prisoner away. She did not at the time know where her husband catne from. When she entered the house she did not know any one was in it. The prisoner, when he left the house, said that the complainant could not prove anything. The witness was cross-examined at considerable length by Mr. Joy, and re-examined by Mr. Hesketh. James Bain, husband of the previous witness, deposed that he had known the prisoner for four or five years.. Up to Friday last he had been on the best of terms with the defendant, who had on many occasions stood his friend. He left his house with his horse and cart for the country on Friday evening last, but for reasons he was prepared to give he put his horse in Mr. Cook's stables, and returned to his house and concealed himself in the cheffonier. After he had been there some time -he heard some one—he believed to be his wife—enter the house, light a candle, and go upstairs. The person was barely downstairs when witness heard some one come in, and just then he recognised Mr. Kirby's voice. Witness detailed the conversation he heard pass between then. l , and deposed to having interfered ,iS stated by the previous witness. When he heard the scuffle he judged that his wife was resisting, and he was satisfied he had no grounds for suspecting her. In reply to Mr. Joy, the witness said that the defendant had backed a bill for him for £32, and had lent him £4. He did not recollect his wife saying, in August last, that Mr. Kirby was a stranger to her. The conversation about the presents took place after the ejaculation by his wife, "0, my God, what shall I do ?" He did not make any charge that night to any member of the police force, or any magistrate. He knew O'Donohue and J. C. Kirby. He never said to them that if Kirby would give a receipt in full of all debts and demands, he would go to Mr. Hesketh and stop all proceedings. It was about 7 o'clock when the prisoner left. He was there for about seven minutes. Reexamined : It was after the sound of the scuffle had • gone across the floor to the bed, and after he had heard the fall' on the bed and the -noise proceeding from his wife, ; that ho came out from the..cheffonier. • He had a contra claim against Kisby.of £2i3a ad/for■work -and labour.,'done,. If:the!promissory, note were due And paid KyMri Kirby,- ■ he. •would then owe him'■ a few pounds.: The