POLICE COURT.—Thursday.

New Zealand Herald, Volume XIII, Issue 4487, 31 March 1876, Page 3

POLICE COURT.—Thursday.

[Before C. Barstow, Esq., R.JI.] Drunkenness.—One solitary individual was punished for this offence. Training School.—Laurence Cosgrave was charged on remand with failing to contribute to the support of his child in the Training School. Mrs. Cosgrave appeared for her husband, and stated that they would be willing to pay if they were not involved in pecuniary difficulties. Mrs. Cosgrave was .put into the witness- box, and deposed that her husband was learning £2 per week at Fraser and Tinne's Foundry. They had a family of seven depending upon her husband's earnings. The two eldest- of the family were girls, and were aged 16 and 15 respectively. ,The witness detailed the embarrassing circumstances under which they were placed. If the Bench would grant them six months to pay off existing , liabilir ties, they would then be in a position to pay. His Worship said he would not make an order for three months, but at the end of that time they must be prepared to contribute.

Vagraut Act.—James George, William Henry Harris, Amos Hopwood, George Urgent, and George Yates were charged with a breach of the above Act by creating a disturbance in Queen-street. All the prisoners, with the exception of George, pleaded guilty. S. Spragg described the conduct of the men as disorderly. They •paraded Queen-street for more than two hours, brawling and using obscene language. When admonished to go quietly, they jeered .at the police officers aud became.more unruly, and when one of the leaders was arrested the others attempted his rescue, but did not strike the police. Sergeant Mulville gave corroborative evidence. His Worship ordered the prisoners to pay a fine of 10s and costs each, or in default to be imprisoned for 4S hours with hard labour. Assault. —George Urgent pleaded "not guilty" to a charge of assaulting Constable Gillies, •by striking him on the face and about the body, and of wilfully destroying two caps, valued at 18s. Constables Gillies and O'Reilly .gave evidence, in . support of . both charges. His Worship found the prisoner 'guilty, and for the first offence sentenced him' to one month's imprisonment," 7 with hard labour; and for the second, ordered him to .pay a fine of 10s and costs, and ISs for the damage done, or to be imprisoned for fourteen days, with hard labour; the last sentence to commence at the expiration of the preceding one.

OusTnucrnro the Police.—James George pleaded "not guilty" to a charge of obstructing Constable Gillies while in the execution of his duty. Constables Gillies

and O'Reilly proved the case, and the lirisoner was sentenced to fourteen days' imprisonment, with hard labour. Larceny.—Edward Caun, a young man about 20 years of age, was brought up on remand, on four charges of larceny, viz. : —

(1) With stealing, on the 21st inst., a quantity of wearing apparel, valued at 30s, tlia property of William Staunton. (2) Stealing, on the IGth instant, a silk and cotton handkerchief and some sundries, of the total value of 6s, the property of Walter Caldwell. (3) Breaking into the office of David Goldie, and stealing therefrom 205., on the 9fch instant. (4) Breaking and entering, on the 19th instant, the office of R. Bartley, and stealing therefrom property to the value of 255. The prisoner pleaded guilty to the whole of the charges, and was sentenced to three months' imprisonment with hard labour for each, the sentences to I: ke effect consecutively.

Indecent Assault.—William Donaldson, David aud James Mcllmoyle, and William Lodge were charged on remand with indecently assaulting one Janet Price, at Newton, on the 26th instant. Before proceeding with the case, on the application of Inspector Broham, the Court was cleared. Mr. Joy appeared for the aecused. Constable Gamble deposed : He remembered returniug from patrol to the station last Saturday night. Before reaching the station he heard a uoise near the Rising Sun Hotel, about 200 yards from the station. Saw about 14 or 15 persons collected at the place. On going over to them he observed the four prisoners and several others, including Price and his wife. The prisoner Donaldson was playing a banjo, and Price and his wife were dancing to the music, besides others. Price and his wife were drunk. Witness told them it was time for them to be in their houses, and not to stop there disturbing the neighbours. Donaldson then went away, still playing the banjo, and most of the others followed. Witness-went'up as far as the reservoir behind them. At. the corner of the Ponsonby Road they stopped awhile shaking hands. Witness again told them to disperse, and in obedience to this order Donaldson proceeded along the North Road, Price and his wife followed arm in-arm, and a number of men brought up the rear. Witness waited until they had gone along the road more than a hundred yards, when he returned to the station. Next morning Price came to him with a handkerchief to his eyes, and made a complaint, charging the prisoners with assaulting his wife, fin consequence of the information, he went to Price's house, iu Brisbane-street, Newton, when he saw Mrs. Price lying in bed. Her face was^covered

with blood, and bore scratches upon it. Her lip was also split for about au inch in length. He was shewn her clothes, which were r icqvered~with - mud. * ■ JanetPrice,^whose. hands and face bore considerable marks of ill-usage, deposed :' SheV was tl»b wife of jWilliam Price; and resided in Brisbanestreet, iNewton. She remembered quite well last Saturday night, being down the town with her and returning home about midnight. They met a party of young men at the top of the Karangahape Road, one, of 'whom was playing'on a banjo. Her husband stopped, and she walked on slowly. She heard a voice telling them to stop the noise and go on home. She did not know whether it was the voice of the constable or not. She walked on till she came to the lamp post opposite the Star hotel; Her husband was walking behind her, and the young men behind him. She stopped, and asked her husband to come on. She then saw the faces of the four men, the prisoners. ' She crossed the road to the footpath at the side of the street on which Mr. Baxter's shop was situated. Her husband still followed her, aud the young men came behind him. After going about pOOJyards, she heard her husband shout out, and turnin<r round she saw the four men seizing him. S& cried out, "Oh my husband, my husband." Two of the men—the brothers Mcllmoyle—then rushed upon her. Ono of them held her by the arm aud throat, while the other robbed her. She felt his hand in the pocket of her dress. She had two £1 notes in her cloak pocket; and lis Gd, a pocket handkerchief, and her door key in her • dress pocket. She also had a parcel of uuder;linen and a sunshade on her left arm. She dropped the two articles when James Mc* Ilmoyle caught her by the throat and arm. She screamed out to her husbaud, aud David MpHinoyle told the others to "keep the b from making a noise."' James McIlmoyle then gave her a blow, on the side of the head which knocked her on her knees, and she immediately, afterwards felt his hands under her clothes. She cried out to her husband that they were insulting her. James Mcllmoyle then got off his knees, and she heard her husband receive a heavy blow. The assault, the particulars of which are quite" unfit for publication, was then described. The wound on her lip was caused by David Mcllmoyle kicking her, andthat on her nose by James Mcllmoyle striking her with his fist. Lodge and Doualdson detained her husband from proceeding to her assistance. When she recovered consciousness she was lying on her left side on the turnpike road. .Her mouth was filled with blood, and her clothes covered with mud. There was no one near her. She managed to reach a house, but she was so weak, and her mouth still being full of blood, she could not make herself understood. She was still suffering much from the injuries she had received. She had had no previous knowledge of the prisoners. She was quite sober at the time, and so was her husband. To Mr. Joy : I was quite sober at the time. It is not ray practice to dance in a public road, when sober. I did not dance on the night in question, neither did my husband, and, therefore, the constable's statement to the contrary is untrue. I was not in the slightest degree under the influence of liquor, the constable's statemeut to the con rary notwithstanding. I did not dance in the street with my .clothes above my knees. My husband, when passing the prisoners for . the first time, said to them, "Play up, boys." I have made no , other statement in regard to the occurrence. My husband took me into an hotel iu Greystreet before we went home that eveuing, and treated me to a half glass of brandy. On the afternoon of that day was in the passage of the Star Hotel, Newton, with my husbaud, and there had a glass of ale. That and the brandy was all the drink I had during the whole of Saturday. The landlord of the Carpenter's Arms Hotel did not order us out of the house. I was married to my husband'in- Loudon, but have no documentary proof of the marriage. When leaving the Carpenters' Arms Hotel a person named Dempsey spoke to my husband, aud requested him to stop some tinie longer. We then went into a room, aud I sat down on a sofa. We remained there for either an hour or an hour and a-half. It was 20 minutes to 12 o'clock when.we eventually left the hotel. When I came to my senses on the North Road I found my husband lying on the footpath not far from me, about 400 or 500 yards from our home. It was about three o'clock on Sunday morning when I recovered consciousness. Neither of us left the house until about nine a.m., when my husband went to the Police Station and to the doctor's place. Dr.- .Young: .Remembered seeing last witness at her own house iu Newton about 10.30 a.m., on Sunday the 26th. She was., in bed, and was suffering from a number of injuries she had received. Her Hp was cut right through, and one of her frout teeth knocked out. She also had a slight wound on her nose, and two bruises on the right thigh, and one below the left knee. The wouuds and bruises appeared as. if they had been recently inflicted. At this stage, the Court adjourned until 2.40 p.m. On resuming, the following evidence was taken:—Benjamin O'Hara,.a storemau, residing with his father in Edwardes-street, gave evidence as to meeting Lodge and the brothers Mcllmoyle shortly before 12 o'clock on Saturday night, and accompanying them down the Karaugahape Road, where they Inet Donaldson playing a banjo, and followed by Mr. and Mrs, Price, aud a number of other people. MK Price was singing, and Mrs. Price dancing on the footpath. They stood there for about five minutes, when Constable Gamble came up aud told all the people to clear away home. They then went up as far as the reservoir, when the constable again came up and told them go on home. Witness thon went home, and Mr. aud Mrs. Price and the four prisoners proceeded along the North Road. When Mrs. Price was dancing on the footpath with her clothes'above her knees, DonaldsoD made use of an indecent expression. To Mr. Joy: Mrs. Price was dancing in an immodest mauncr. Both she and her husband looked as if they were under the influence of drink. William Price, a labouring man, residing in Brisbane-street, Newton, and husbaud of prosecutrix, deposed : He recolleoted seeing the prisoners on Saturday night, while going home with his wife. He stopped as long as one could count " one, two," and said, "Play up, boys j you seem merry." After going about 200 yards along the North Road, the two Mcllmoyles and Donaldson rushed him, and a fourth person whom he could not identify held on to his right arm. Donaldson caught him by the throat, James Mcllmoyle seized a parcel he was carrying, and David Mcllmoyle looked in frout of him, apparently in the direction of his wife. He heard his wife cry, "William, William, come to me." He threw off Donaldson, and while hastening towards his wife, was met by David Mcllm6yle, who gave him a blow on the left eye, which felled him to the ground. That was the last he knew the occurrence. He must have remained insensible fully two hours. When he recovered consciousness, there wa3 no one near him. On reaching his house he found his wife there. He would not swear that Lodge |was present and took part in the assault. He (witness) was perfectly sober at the time. He had a glass of ale at the Metropolitan ; a glass of brandy at the United Service; and a glass of brandy at the Carpenters' Arms. That was all the strong drink he had during that day. It was about 6.30 or 7 o'clock when he had the glass of beer at the Metropolitan, which was the first he had had that day. He had the brandy at the United Service at 7 o'clock, aud the one at the Carpenters' Arms about 10 o'clock. To Mr. Joy : I was not "with my wife in the afternoon, and did not have a drink with her then. If my wife said so she must have been mistaken." My wife and I had some brandy at the United Service Hotel, not at 7 o'clock, but at 9 o'clock. My wife had a • halfrglas3 of brandy at the Carpenters' Arms Hotel, but she did not drink it, but poured it into my glass. I can swear positively that, my wife was not under the influence of drink. Neither was I under the influence of drink. Neither I nor my wife danced to the music of the banjo. My wife was in such a posi--i tion, that had she danced in an indelicate

fashion she would have been worse than a brnte. Wlien I recovered consciousness, t am positive that I went homo by myself, .and thero found .fesep.k OJBnen ~a~dra p e r*s~assistaTSt" - OlaNorth Road about 150 or 200 yards from the Star Hotel, deposed that on Saturday m<*ht, the 2otli instaut, shortly before twelve o'clock he was out on his verandah, and hearing a banjo playing, ho listened. The banjo stopped playing* aud he heard a voico exclaiming in a loud tone " Stand up, man ; can't you take care of your wife." Ife then heard a noise as if the inau had fallen, and then a woman falling, and directly afterwards the same voice slioutiug, " Whjr don ? t you take care - your wife, "Why don't you take care of your wife," and "I tell you, you shau't touch the woman." There were some other words used, but he could uofc remember them. They were to the effect that no violence should be done to the woman. There was stillness for a about miuute, whoa a voice shouted out in very loud toues " Murder, murder, murder." With the intention of saving the man, witness rushed iu the direction of the voice, aud some person ran past him. He saw two figures before him, but before reaching them he was met by three men, and on asking what all the row was abont, a person whom he thought was the prisoner James Mclluioylc, wished to know what authority he had to question, them. Witness had nothing with which to defend himself, and'accordingly retraced-his steps. Oil reaching hisverandah, liesawouit'a person whom he believed to be the prisoner Ooualdson. During witness's absence he had knocked.at.the door, aud his daughter, thinking it was lie, opened it.' Witness asked him what was all the noise about. He replied that those men had wanted to violate I a woman, or words: to that effect. The persons whom" he alluded'to were the prisoners, who were standing outside the fence on the road. He said he -was defending-the man, and woman from the other three prisoners. Witness told the other men to go away, when one of them said, " Let you both come out*" "While . Donaldson ,was. making his_ statement to witness;'the others accused him (Donaldson) of the same offence. ' They then went away, aud wituess told Donaldson to cutaway out of that. IF© pointed out to him a direction over the fields, by proceeding along which hecould avoid the others. While Donaldson was outside the fence, one of the three men came up, and they had a regular set-to between them. Donaldson at length, ran away from his . antagonists, and was hardly gone five minutes when the three were in full cry after him. When Donaldson was on the he pointed to one I I of the prisouers, and said, "I know you j : you're brother to Tom-Lodge," or words to that effect. Some time after Donaldson ran away, he heard the banjo playing again* Whilst the man was on the verandah he told witness that his name was Donaldson. About an hour or more after this, a woman came to witness's place, and, kuocking at the door, asked to be let in. Not hearing anyone responding to her appeal, she went through a gate to a door at the side of the house and knocked. Witness was dressing, preparatory to opening the door, when hia : daughters rushed out to him and would not let him do so. The voice then said, "For God's sake let me in." Witness replied that there were youug ladies inside who were frightened, and told the woman to apply for admission at the next house. Detective Grace gave evidence as to arresting Donaldson on Sunday, the 27tli on the present charge. He said, in reply to the accusation, that he had bought a new banjo on the preceding evening; that he was playing it in company with Price and his wife; that three men assaulted him and broke his banjo ; and that he.had committed no assault on either Mr. or Mrs. Price. In company with Constable Gamble, wituess proceeded to the residence of the Mcllmoyle's, at Springbank, and there arrested them. They said that on Saturday evening or Sunday morning, while iu.com* pany with Price and his wife, they, were assaulted by a person named Donaldson, who broke a baujo over their heads. They also.said they had beenundertheinfluenceof drink,"but had assaulted neither Price nor his wife. Their faces bore marks of recent; scratches. Witness also arrested the prisoner Lodge, on Monday, on the same charge, He'adiuitted being in company with the other threo prisoners, and Mr. and Mrs. Price. He said be saw Mrs. Price lying drunk on the Old North. Road, about 200 yards from the Star. Hotel. Donaldson and the two Mclltnoylo's were then lighting. Donaldson had one of the Mcllmoyle's on the ground, and was striking him, and he (Lodge) went to MoOmoyle's assistance and took Donaldson off him. , Air. Joy said that if His Worship considered the evidence for the prosecution prima facie, he would uot call any witnesses tor the defence to make it conflicting. He did not think anything had been adduccd to implicate Lodge in the occurrence. The whole of the evidence was then read over to the prisoners, aud having reserved their defence, they were committed to take their trial at the next Criminal Sittings of the Supreme Court. The Court rose at 4.30 p.m.