COURT OF PETTY SESSIONS.

New Zealand Herald, Volume XIII, Issue 4484, 28 March 1876, Page 1 (Supplement)

COURT OF PETTY SESSIONS.

TUESDAY. •; [Before "R. Graham, T. aracOTarUne, Joseph Slay, C»r> tain Burton, h. D. Nathan, and Allan O'Neili, r j E qs., Justice's.] : ■ Drunkenness.—Four persona for first offences, and tvro for second offences, were disposed o£ in the usual manner. Obsxroctino the Police.—-John Fletcher was charged with obstructing Constable Haslett, while in the execution of his duty on the 2Sth March. The prisoner pleaded guilty, and was fined £1, with the alternative of undergoing seven days' imprisonment with hard labour. . - Larceny.—Charles Taylor pleaded not guilty to the larceny of one bag of gum, valued at £1, the property of Frank Hedges. 'Frank Hedges, master of the steamer Gemini, deposed to missing the gum, and seeing it in the possession, of the prisoner. He had communicated with the police, and they had found it in front of Walker's gum store, on the wharf. The prisoner said the gum had been given him to sell by a man .named Stoney, who had been discharged from the Gemini. At this stage, the case was remanded until Wednesday, in order' that the evidence of Stoney' might be obtained, ' Indecent Assault.'—William Lodge was charged with indecently assaulting • one Janet Price, at Auckland, on the 25th iistant. Inspector Brouam asked that j the case might be remanded until Thursday, in order that the prisoner might : be tried along with, three other persons, charged with a similar offence upon the same woman. Remanded accordingly. Obtaining Money Under False Pretencks. —Henry Wulff was charged with obtaining money under false pretences from one H. Martin. Inspector Broham stated that the man had been arrested in, obedience to a telegram fromj the police authorities at Ngaruawahia. At the prisoner's request, he was remanded to the Waikato, to bo there tried. * City By-Liws.—Henry Keane pleaded not guilty to a breach of one of the City Bylaws, by allowing a dust-box to remain in front of his premises, in Vulcan Lane, j The box did not belong to him, but had been placed there by one of the neighbours, so ■that it might be removed by the dust-cart. It had been placed at 7. 30 a. m., and wab not removed by the cart until 10. 30 a.m. i Inspector Broham agreed that the person who removed the' dust was to blame in not mak'ng. his rounds at an earlier hour. He would withdraw the charge in this case, but would not do so again. Withdrawn accordingly. Thoma3 Constable pleaded guilty to a breach of one of these by-laws, ,' Dy allowing a spring-cart to remain in Wel-lesley-sfcreefc East »vithou» a. horse'harnessed*! j to it. A fine of 10s and costs was imposed. —Abraham Nicholls was charged with a I breach of by-law 14, by riding a horse round the corner of Shortlaud and Queen-streets at other than a walking pace. Defendant did not appear to auswer the charge, and Constable O'fieilly gave evidence in support of the case. A Hue of 10s and costs was inflicted, just double what he would have had , to yay, had he appeared. Municipal Police Act.—John Thomas was charged with a brea«:h of this Act, by driving a horse without reins or without anyone on foot to guide it. The defendant did j not appear, and Constable Kidd proved the case in his absence. Fined 10s and costs, or 4S hours' imprisonment with hard labour. STABBING WITH INTENT. Antonio Marco again appeared on remand charged with stabbing James Williamson, at j Onehunga, outhe 2Sth February, with intent i to kill. ■ I John Lawford, a seaman on board the ( steamer Ladybird, deposed : Remembered Monday, 28th February last. The Ladybird i was then alongside the Onehunga wharf. \ Knew the injured man, James Williamson, j through being a shipmate with him. He- ! member seeing him on the Onehuuga wharf, ' on the evening of the 2Sth February, about ; 7.45 o'clock. Walked up with him as far ■ as the door of the Manukau Hotel, where ! they met the boatswain, Thomas Mahoney, j whom they stopped to talk to. Saw Kelly and Marco at the bar of the hotel. Had seen Marco on board the Lady bird about four o'clock that afternoon. That was the first time he saw him. He remarked to Williauson, on seeing Marco at the bar of the hotel, " There is one of the iireineu who shipped ■with us to-day." Marco could not have heard him. Marco aud Kelly left the hotel soon after and pioceeded up Queen-street. Williamson asked witness if lie would go as far as the Hibernia Hotel with him where he was going. Marco aud Kelly were then about thirty yards in advance of them. Witness said, "yes," and they went on in that direction. After they had walked fifteen or sixteen yards, they met Kelly and Marco returning. Williamson was on the righthand side and witness on the left, about ten feet apart. Williamson did not once speak since they had left the Mauukau Hotel till they met the prisoner. Wituess was about two steps ahead of Williamson, and had walked one step after passing them, when ho heard Williamson say "You are one of them." Wituess turned round, and saw Williamson aud Marco about two feet apart. He saw Marco rush at Williamson, aud Williamson strike back. He then heard Williamson say, " You struck with a stone 1" and then immediately cry out he was stabbed. After Marco had struck Williamson, he turned round and threw something from him, winch, striking Mclntyre's shop, made a noise. Marco then ran to the other .side of Mclntyre's store. On his corning round from the end of the store, a rush; was made to catch Marco by some people who had gathered about. He said he had a revolver, and would shoot six of them if they approached nearer. Some stones were thrown after him by the crowd as he ran away to the Manukau Hotel. At the time they met.Marco aud Kelly there were two men—Carr and Wel'sford—who belonged to the Ladybird, walking behind them (witness and Williamson). Did not know the cause of the occurrence. There was a reduction of wages on board the Ladybird at that time. Marco was one of the men who shipped at the reduced wages for firemen. Williamson did not belong- to the Ladybird. Was not aware that any feeling existed among the men in refereucee to the reduction of wages. Witness and Williamson were perfectly sober, but Kelly and •Marco did not appear so. Thomas Moore Philson (provincial surgeon) ■deposed: Remembered Williamson's being brought to the hospital, on the' 29th February, about 2.30 p.m. - He stated that he-' had ■ been stabbed in the: chest on a the • previous night, by a :foreigner.. at Onehunga, and was in,an anxious, excited, state. His.pulse was - quick, and His breathing short and difficult.

" "and-He complained- of a. |f ~ -left.side. : On examination, witness. fotuxU M ■j. .incised wouncLon the upper part b!^ffij u W ,■ chest,,.; This wound,..which might harel Js t inflicted by. a knifes ltad been etitchedj? 18 previous ,to , admission. The . H ... >about an inch.anda-q.uarterlong. H L .tained that the, top of the left lung haitW N s wounded, as likewise a* considerable: arten I in the interior of the chest, from,which. M t. quantity of blood had been poured into'ft, -*8 left pleura, producing, compression - and'od M i lapse of the left lung.. In a few !days! tt, Sj p ' wound opened up,. and was fouud. §3 > penetrated between the cartilages of the fin; '■*¥ i and second left ribs, close to the hreast-ficto ■"■§ i Emphysema was observed in.theyiciniWrf '■% the external wound, proving that'tieljC ? . had been wounded, but there was neitli ■"■-*< , coughing nor spitting of blood.. It Vasfoj $ ■ that death would have ensued durine& '$ . firsb few days, but, by the hypodermic-asea '£' water, much mitigation of his sufferinm r w B obtained. Tweuty-eight days had-jS ■& elapsed, during which time there hadfcea § various fluctuations iu the patient's state, tv S tendency beiug to deeper aud deoperl*. S tration, so that recovery could scarcely k 3 expected. The left luug was useless; ac & - ; dition of hectic fsver had set in. ! Tk ■ patient was very anxious- to attend tS Court, but was quite uuable to do so Tfo knife produced was . one that was likelr fa ; produce the wouud from which , ' Williams™ '-' was suffering. •.■■TT^γ" 1 * \; William Kelly deposed:. Shipped on'fojj t the Ladybird, as fireman,, on. the'S -i February last He remembered leaving jj. '?■;> Ladybird, aud walking up Queen-street \ift ; Marco on the evening of that date, betwea the hours of 7 and S o'clock. The prisma S turned in the direction, of the '•■!: Hotel, after they had proceeded. somi> dis- "5 tauce. "Witness, who was at the timb'ini ~% muddled state from the effects of dJM while considering whether he should;tnn - round or continue his course, hearda'scnEi behind him. He looked round,! arid 1 heui i Williamson, who was with. two. other jra cry out, "I'm stabbed." Marco was;tQ A in the act of running away.. He had heiij some words used, but did. not know h ■* whom. . , : ,; .. • ' '.(I Cross-examined by Mr. Bees :. Did note, r member telling prisoner to call him as a mt. v ness, as he could tell,all about it. VThe ! '■' saw the prisoner, who'was bleeding,',asktl( j"; barman of the Manukau Hotel'to. give hit : i* some water with which to.wash his eye,' Hi j .'? barman ordered him to go out to the staUi 'M, where the-groom would give him! soa 'J water. Saw. some men coming iip the nui ;' after the affray took place,, but did u{ ~i know who they were, and neither did Ju hear them make any remarks.. Before tlej .5 went out for a walk, prisoner said he if 1 been on board the Ladybird, and Mine o! the. firemen had told him to look out loi ' himself. ■ '\\ .; ■. To the Court: I never saw Williuajji -.-;. previous to that evening, and could ut ; J assign any reason for Marco stabbing tii. v| When on board the Ladybird, did not ig '| any of the men speak about reduced ffajtt M When he shipped, he did not know that ft |h v/ages he was to receive were lower than ha &| been previously paid to liremen. Ihe wag( is were £10 per month. ' ?s Andrew Carr, a seaman on board to f Ladybird, remembered leaving that .vess S on the 28th February last, in company ■wit 7 John Welsfotd, who was also a seaman ir. s board the Ladybird. On going .up tit wharf, he saw John Lock and Williamson t ' the door of th<j Mauukau Hotel talking I i a man. Hemembered seeing two atram men coming out of the hotel, whom i aad since found out were Marco ait Kelly. Itecollect seeing them go c the street, and Williamson and; Lot following shortly afterwards. . Witness ai - 1 Welsford were proceeding along tk same road for a stroll. The first two me j after going some distance returned, at! j the second two opened out apart « I order to allow them to pass. .Wla abreast of each other, a few worde ra spoken, but could not hear what thq were. Directly afterwards, heard Williaiison cry out that he was stabbed. "VVitnca then ran up to the spot, and Marconi away shouting tout that he would shoot eii Heard a noise as of something strikiDj i ■ stone while the prisoner was running avraj. It proved afterwards to have been caused b; a knife flung away by Marco.. John Welsford gave corroborative en--1 dence. ; i Arthur Jackson, a lad 13 years of age, dt ' posed to picking up the knife produced, at the corner of Mr. MclDtyre's shop aboil 7.40 p.m. on the night of 2Sth February, shortly after the disturbance took plaa. There was some fresh blood on the inife. 1 Bernard Greene, a constable of the Arnied I j Constabulary stationed at Onehunga, remembered arresting the prisoneron.thepej sent charge at 8.10 p.m. on the night ot 1 the 2Sth February. Oα arresting ' he took him into the room where Williamson i was. He asked the wounded man iE tin! I was the man who stabbed him, and he rt i plied that it was. On the way to the policj j station, Marco said that when he met VYil ' liamson that person called him a con or : b , aud struck him. He (Marco) tbHO I used the knife iu self-defence. He said tluj j the disturbance had been causod by W i (Marco) shipping pa. board the IMH bird at reduced wages. The kmfo prt| ■ duced was admitted by prisoner Ej be his. The sheath was found by witnea , the scene of the affray, and had also Mβ! admitted by Marco to be his. [Two shir ' •" of the wounded mau were then shewn, at | the cut made through them by the knife co responding to the wouud from which W; liainson was suffering pointed out! Mar was perfectly sober at the tiine ho w | arrested. . Ju This closed the case for the prosecute | All the evidence and Williamsons sW meut having then been read over to the f- \ soner, he reserved his defence, and was cm committed to take his trial at the next cr miual sittings of the Supreme Court Education Rate.—Judgment was gfo for the iJaintiff in the followiog cases, intt absence of the defendants, residents f Mangawai. Thomas luger collector « the rate - for the Port Albert _* tricfc, and Mr.' K. B. L«sk, rccei« proved the liabUity of the . pewl- - Their names were as foU° we '' j Charles Sprance, Mangawai, 10s and cos , . George Crow, Maugawai, 20s and cos» Kobert Apps, Maugawai, 10a a"". 00 " Kdward Shea, Maugawai, 10a M>o con James Dowuie, Mangawai, 10s and cos Hugh Haslem, Maugawai, lOi af d i°S The costs in each case amounted to t~ » . The liability of Wm. McCrackea, of i»» ■ Albert, was proved by John Braithw* ' collector of the rate for Mount Albert" trict, and Mr. 11. B. Lusk, receiver. , i fendant was ordered to pay his rate, ■ costs, £1 11s. John Neill, °iM§£ * , upon the evidence of the district; ,eouw : John Mellsop, also ordered to,, pay, Mi i costs, £3 Is. '■«,.(!« I At this stage of the proceedings, tie i* | was adjourned till 2.30 p.m. ~ | . On resuming, the following buflinea" > proceeded with : — , I TBeforoE. Graham, Cpt Burton, w""* b May, Esqs., Justices.] .; , : Assault.—William Souter was t« , - - with unlawfully assaulting James 5 dragging him out of his house.by W w r of his coat. Mr. Laishley appear^ W 5 defendant, and pleaded not , t Kees was'retained for = 5 after stating the case, called - ant as a witness. Jas. Lye, resident w> 1 street, Freeman's Bay, deposed: Kerne Thursday,: the 23rd instant..! ttel"". -• ) in his own house. He »».>.«**; . ; wife having been dead four' S*f\t ,* i might have been actiog wrongi/i « r> ; 1 at any rate, he had taken:a. . s: house on that evening. ■ U ,"-i i rushed-ontside-and-commenceaJC" ( i A-proceeding on her P*™^"^ o iJ <-%' s attracted a crowd. Souter and severe <§1 , then asked him to fight. After bo 0 1-

; 'hini l '6ut to'fight; the-door-was I "Si' open,' and-'Sbnter'ana'seWothers _ into the yard'throngh the | ii LaisHley •":. I did nofturn my, I "'■fdnghter-'oiit neither-'did;! at-f :c? -'•iSmßtto-'Btnk'e-myson ,I with a saw which •■■■ t? '£eldii : iny3iaha: Mrltaishley'stated-thaf '■'' '-'Sefeiiaant.adiriitted .Eavitig-committed the' « I i^nlt l : bnthad'aon'e:so'iii.ordertoprevpnt: ■ : -'ibmplainaiit; • ~ i'' l jj£yi"wqatd : be'prbved byfother witnesses.- ■•■ 'The'defendant,' William Souter,'.was''then '■ •'called,"'and deposed :/' night/ ■ ■ '■ ; ''irliea he Trent to "Lye's. house, he Saw Lye's "< • : '■aanghter;Jn| J the yard'■crying li ont ; that her ■" father had turned' her; put of 'doors. Wit-i ;; ".-jess asked Lye) to allo-nr' his daughter inside '■ ' " tliehbuse', bnt.he refused'fco Sooh'after ' : *Lye's'eon entered'the'.hpuse by the window ' and was followed'by.' his sister, who nnboltecl - ::> the door and called on to come in; '• '"'■'" 'Witne 3 ? then went 'in,' and Lye attempted '''""to strike him with ■ the" saw, but the blow - offby witness's arm. Witness : "' Sid not challenge Lye' to 'ifight, butseveral : 'others didi * He ; did not use unnecessary riolenee in rcmoVihg Lye from the house, " neither had he any ill-feeling towards him. - -■■' The affair occurred about 9 o'clock p.m., . i.'-sia there; were about' 20' or 30 persons a L present Henry Tarkes deposed that about . ' -8.30 p.m., on the 23rd,' while going'to;he'd, •■ • ' be Beard the screams' of a-young woman. He went ontside and asked her what was '•"tlie matter. ' She replied'that she had been -turned out by her father,-"who had held her s ■'' hands orcr her head, and told her that if she '■ ■ did not at once leave he would cut her down. • '■' 'with a saw: ' After some time, Lye's son and , ■ daughter went into" the house by the win- ■' 'dow, and the latter' opened the door. Did ••■' not hear any one asking'Souter to come into I 4 ■'■ the house. Lye had 'a , saw in his hand , and' threatened to ' ent ;. down' with it " J the first person who entered , the building. jl r .-Laishley stated he ' had a nnmber of ' J ■ other witnesses, but as their evidence would ■' 'not vary'from the above, he would'not call; ! ' ;; tHein. : At'the'request of:the Bench, Lye . ; ::: "m recalled,' and. stated thatrhe was'afraid 'defendant-would'repeat hi 3;, conduct,- and wished him. to be bound over tb'Keep the ' "! '*'peabe. '■ The Bench , 'was'of..Opinion that the. -■ ;7 ; assault had ; " i! '.thdtf..whatever mightfTiivye been'the feeling • J ; 'entertaiued by t the "neighbours as to Lye's ';' conduct, they h'ad.n'q.right.'to'break into his '•'.' house. ,1 The defendant Was then' bound.over, •'"'"'hiniself 'in' £25,"and"tw6 !J _siiretie3 'of £10. ; :' : '"' R each"to k'ee'p : the'peae'e' for-six ' -~■■., ,::.i ;- i -^jJ^ ; . w ia-^l'thebusmess" i ';' : - ," i ■■ : :