LAW AND POLICE.

New Zealand Herald, Volume XVI, Issue 5649, 24 December 1879, Page 6

LAW AND POLICE.

BANKRUPTCY. Re Edward Boylb.— Tbe debtor in this cise was described as a contractor. The liabilities were sat down at £203, and the assets nil. Mr. Thomas Macffarlane was appointed trustee. COURT OFPETTYSE33IOXS.—To-esday. [Before T. M. Dargaville (Chairman), Dr. G >ldibro\ B. Ireland, and John Mcllw-iin, £sq«., J .P. «.] Drunkexxess.—Three parsons were brought up for drunkenness, and fined in the usual amount. Assault.—Hilyard Mitchell was charged with assaulting Alexander Lynch, by striking him with a flat iron. The c*3e was remanded until the following day. Stoxe-tiirowin'O. — Thoniis Somers and Joseph Wright were charged with throwing stones on the Great North Road, to the danger of one Archibald Wilsou. The two lads pleaded guilty. The complainant, a very old infirm man, was passing along the road, and the boys threw stones at him. The mother of one boy and the father of the other were present. The Bench Slid that if the parents would promise to give the boys a good thrashing when they got home, they would be let off with a flue of 10s, and on their giving a most emphatic declaration to that effect they wero disjharged, ou payment of the fine, to receive their Christmas boxes at home. A Wandering Gjat.—John McCallough was charged with allowing his goat to wander in Short-street, without any person having charge thereof. Defendant was not present, but the case was proved against him, and he was fined us, with cost?. Obstructing the Footpath.—William Sterling was charged with allowing two irau tanks to remain ou the footpath in Com-merce-street, Auckland, to the obstruction of the same. The dtfeuJaat pleaded guilty, and was fined Is and costs. Fighting IX rriE Street.—William Mudford and Edward John Quig'.ey were charged with behaving in Queen-street in a manner whereby a breach of the peace was occasioned. The defendant* pleaded guilty, and were each fined 10s aud co=t*. A Serious Nuisance. —James Johnston was charged with depositing night-soil in the yard of premises occupied by him in Hobson-street. The night-soil was buried in the yard. Defendant wai lined 20s ani C3;t3.

Obstructing the Carriage Road. — Charle3 Warnstadt was charged with obstructing the carriage road in Queen-street by allowing a to rcaaiu thereon. Defendant was fined 20s and costs, ha having been twice previously fined for a like offence.

Depasturing a Horse ix Unenclosed Guocjnd.—Charles was charged with depisturiag his horec iu uneucloied laud off Pioton-street. Defendant pleaded guilty, but was iguoraut that he wa) breaking acy lasv, the ground being enclosed on three sides, lie was fined la aud costs.

Usinc Obscene Language. — Thomas Hutchison was charged with using obscene language in Albert - street. Defendant pleaded not guilty. He had worked for Mr. Demp3ey. Mr. Dempsey, of the Britomart contract, deposed that the defendant had used " most indescribable language " towards him one evening when he came to have his account settled, and had to bo turned out of tho house for being violent. The using of the obscene language was proved against the defendant, but at the request of Mr. Dempsey, aud under the peculiar circumstances of the case, the prisoner was discharged with a warning. Howdy Conduct. — Edward Scott was charged with behaviug in a public strest whereby a breach of the peace was occasioned. The case wa3 remanded until tomorrow. Driving on the Wrong Side.—James Donaldson wn charged with being the driver of a vehicle in Wellesley-strect, and not keeping on the left or noar side when meeting another vehicle. Defendant pleaded guilty. Dr. GoUlsbro' stated that not only was the defendant ou tho wrong side, but he persisted iu it, and he considered it was a gross case. Ho was fiucrl £2 and costs. Crossing a Railway Tkack.—Matthew Harford was charged with driving a vehicle acro3S a level crossing when an engine was approaching, and within a mile from such crossing, on the 11th inst., at llemuera. Defendant stated that he baa driven for seven years, and never had been guilty of any such crime, and that he " never heard a bit of a whistle, nor Been a bit of the train" until the horse's foreleg* were on the track, and the train 40 yards off. The horse had run oil him. 'Xhe engineer and cuard of the traiD, however, told a very different story, showing that the defendant had deliberately crossed over within of the train, and that the whistle had been blown

three times. He was found guilty, but the impossibility of sc?iug a train comiog when crossing at the Newmarket station was well known to the Beneh, who said there ought to be a bridge there, and this was au excuse in some measure for the offence proved against him. He was fined £2 and costs. Using Threatening Language.—Joseph Measures v/as charged with using threatening language towards George Sydney Hanson, throwing a knife at him, and challenging him to fight. There being no appearance of either prosecutor or defendant, the case wa3 struck out. Stabbing his Wife. — Stephen Home was charged with feloniously cutting and wounding his wife, Jane Home, with a knife, thereby causing her grievous bodily harm. Mr. Tyler appeared for the defendant, and requested that Mr. Mcllwain refrain from sitting upon this case, as he was trustee of an estate in which complainant is concerned, and had also expressed himself strongly against the prisoner. Mr. Mcllwain said that ho himself saw the propriety of his not sitting upon the case, and accordingly retired from the Bench. Jane Horne, wife of prisoner, stated that, on Saturday, the 13th iust., tho prisoner weit out at a quarter to S in the niorninp, and returned about 2 o'clock p.m., the worse for drink. She was ironing at tho time. He took her unawares, and commenced to pull her clothes off, and stripped her to the waist. He struck her several blows with his hand, and then stabbed her three times with a pocket-knife on tho rijht arm, face, and on the shoulder. When she saw the blood, she sang out, "Ami going to be murdered ?" and became unconscious. The first thing she remembered afterwards was seeing Father Walter Macdonald and the doctor, but she did not know what happened in the interval. She gave her husband no provocation whatever for the assault. She identified tho clothes

that the prisoner had torn off her, and whiok showed stains of blood. Orosa - examined by Mr. Tyler : She uaw the prisoner draw the knife from his right hand coat-pocket after he had struck her with his fist. Uβ opened it, and when he did 80, he had hold of witness, or she would have run away. They had been married 20 years, aud had seven children. Hβ was drunk at the time ho struck her, or he would not have done it. He was as good when sober as ho was bad when drunk. She had no fault to find with him when sober. He was very good to her and the children when sobor. Alfred Kaymond, residing next door to the prisoner, stated that about 2 o'clock in the afternoon named, ho was at home. Hβ heard Mrs. Home singing out, " Oh, Stephen, dear, don't!" He did not go at first, because she so often called out for assistance, her

husband always knocking her about; but on ' hearing her cry out "Murder," he went at ones to her assistance, into the house. He ?aw the prisoner holding his wife by the hair of her head by one hand, and braadishing the knife over her with the other. She was bleeding profusely, and was quite senseless. Witness at once pulled the prisoner away, saying, " For God's sake don't murder your poor wife !" Witness had some difficulty in getting him away, and while endeavouring to do so, the prisoner used most abusive language towards him, threatening to cut his throat. He at last got him away, and tried to get the knife from him. Witness after a struggle succeeded in getting the knife away from him, and it had blood on it. He identified the knife which was shown in Court. The prisoner then went out, and returned in about 10 minutes, while another neighbour and he were trying to get Mrs. Home out of the house. He was going again to assault his wife, when witness interposed, on which prisoner threwa tumbler at him. Mis. Home was taken out of the house into witness's house for protection. When witness took the knife from the prisoner, he put it on the table. Cross-examined by Mr. Tyler : Prisoner was in a very excited state at the time. A little drop affects him. He appeared to be mad becau3e witness interfered with him. Dr. Bayntun deposed that he was called in to see Mrs. Home on Saturday afternoon. 13th December, a little after '.i o'clock, and found her iu a neighbour's housa. He ordered her into her own house. She was in a fainting etate, and bleeding profusely. After her removal, he examined her, and found aa incised wound of nearly three inche3 iu length on the lef c shoulder. He could not probe the wound, but it appeared to be a deep one. He had great difficulty in stopping the bleeding, and afterwards sewed it up. He found numerous bruises or contusions about the body. Oα her right arm there was a slight flesh wound newly inflicted. He did not remember any wound on her cheek. The knife produced might have caused the wounds. He counted, in all, eleven contusions on her body, ill addition to the wounds. Mrs. Horn? is progressing favourably, though the wound is not yet healed. The wound on her shoulder, in his opinion, is a dangerous one, from its proximity to the joints. Mr 3. Maud Matilda Leather testified that she lived next door to the prisoner, and heard cries of "Murder" on Saturday, the 13th iust., proceeding from his house, in a woman's voice. She went to the house to s-e what was the matter, and saw Mrs. Home sitting down, her clothrs satu rated with blood, aud torn off down to her waist. Witness Raymond was standing between Home and his wife, holdiug Home back, and she saw a pocket-knife on the table. Her attentiou wa3 drawn to the knife by their being blood on it. Mrs. Horna cried out "1 am stabbed! I am stabbed !" and was bleeding profusely. Homo then left the house. Kayinond and witness then tried to get Mrs. Home into their house, but before they succeeded, Home returned. As soon as he came in, be picked up the knife again off the table, and tried to get at his wife again, but Raymond prevented him. They had a struggle together, while witness succeeded in getting Mrs. Home out. Richard Gamble, Serjeant of Police, deposed : He proceeded to the kouse of prisoner between 3.30 and 3 o'clock in the afternoon. He went into the house of Alfred Raymond, and saw Mrs. Home there, half-naked and covered with blood, (lowing from a wound in her shoulder, and on her right arm. She had also a small wound on her cheek. He directed Constable MoOlellan to arrest prisoner, sent for Dr. Bayntun, and tried to staunch her wounds. The constable arrested prisoner, and brought him to the station. Dr. LSayntun then came and dressed her wounds. He saw tha knife with which the wounds were inflicted; it was then covered with blood. He got it from Alfred Raymond. [Kuife produced.] Constable McClellan deposed that he arrested the prisoner on the 13th inst. about 3 o'clock in the afternoon. When he arrived prisouer was sitting down at the back of his house. Prisoner said he was "sorry he had not cut hia wife's b throat." Sub-Inspector Pardy said that was the case for the prosecution. Mr. Tyler declined to offer any remarks, as he couceived that the Justices had no option but to commit the prisoner for trial. Felonious Assault: Another Char:e. —Stephen Home was charged with assaulting Alfred Raymond, with intent to do him grievous bodily harm. Alfred Raymond deposed to the circumstances of the aßsault which grew ont of the circumstances of the previous case. Corroborative evidence was given by Sergeant Gamble, Constable McClellan, and Mrs. Leather. Mr. Tyler reserved the prisoner's defence for the Supreme Court, and the prisoner wa3 committed to take his trial at the next criminal sessions of the Supreme Court on both charges. Bail wa3 applied for, but refused. MANGAWAI COURT. [Before F. 11. flnll. Esq. (chairman*, o. Hiseldcn, Ksq., and W. U. rarrand. Esq., J.lYt.l Mr. Hull retiring from the chairmanship at the close of this year, and no one accepting tho position, leaves the Justices in a peculiar state. It is hoped that a Resident Magistrate, or, at least, a Stipendiary Magistrate, will soon be appointed, and if possessing more legal knowledge than is usual amongst Justicee, it will be beneficial to these districts.

The first cases before the Court were those brought by the To Arai Highway Board, when Mr. Farrand, the chairman, left his seat on the Bench. Several summonses had been withdraws, us the rates had been paid, leaving only one, viz., J. M. Mook's case, to be brought forward, which was finally closed with judgment for tho Board for the amount claimed, viz., £5 14s Gd, with costs added. Powell v. Rice: Abusive language. No appearance of prosecutor. Case dismissed. Kyre v. Lawrence, claim £5, for cutting down ft pohutukawa tree. Judgment for plaintiff. 5s and costs, £1 Os Gd. The bringing forward of this case gave considerable satisfaction, as timber-stealing is very common, especially in the neighbouring districts. The defendant was considered to be let off very easily. The tree in question was ornamental as well as useful in holding up the bank on the coast. Eyre v. Lawrence : Abusiva language. The defendant was bound over to keep the peace in his own recoguisance of £10.—[Own Correspondent]