LAW AND POLICE.

New Zealand Herald, Volume XVII, Issue 5944, 4 December 1880, Page 5

LAW AND POLICE.

POLICE COURT.—Friday. [Before K. f. lUrstow. Esq., K.M.] WIKE-BKATIsr.. — Daniel Priscoll, on war rant, was charged with assaulting and threatening his wife. He recollected nothing about it. He had a drop of drink, and she might have fallen down and hurt herself, for she was intoxicated too. Mrs. Priscoll desired to withdraw the case, and prisoner was discharged. Lakcknv.—William Scott was charged with stealing two hides, worth IHs, the property of Messrs. Hunter and Nolan. He pleaded guilty. He had stolen the hides, and sold them to Messrs. Ireland Bros. He was sentenced to -a month's imprisonment with hard labour. Incendiakism. —Richard James Owen surrendered to his bail on a charge of setting fire to the premises of William Edwards, at Mount Eden. Mr. Parrty said the case had been exhaustively tone into at the inquest. The police did not feel justified in proceeding further with it. Mr. James Russell appeared for the defendant. The accused was discharged. Tjik Property Tax.—George Welch was summoned on a charge of failing to provide a statement of his real and personal property, in compliance with the provisions of the Property Tax Act, 187!). The case was withdrawn.

Assaults.—Two charges of assault preferred against John Purcell by William Bell and Henry Wilson were withdrawn. Mr. Theo. Cooper appeared, and stated the parties had settled the matter amongst themselves. A Necugent Husband.—James Gunson did not appear to answer to a charge of failing to comply with an order of the Court for the maintenance of his wife. Mr. Pardy applied to have the case adjoined till next day. Granted.

Assault. — John Webber was charged with assaulting Alfml J. Edmonds by catching him by the throat and bumping his head against a wall, on the 27th of October. Mr. Tole appeared for the plaintiff, anil Mr. Tyler for the defendant. The plaintiff and defendant were members of a musical band, in which there were a number of discordant elements. Mr. Tole opened the csse at some length, and called the prosecutor, but Mr. Tyler submitted that the Court had no jurisdiction, as from the opening address it was manifest that the dispute was about the possession of a shed, and the question of title arose. Mr. Tole denied this, and the Bench decided to hear the evidence. Alfred J. Edmonds deposed he ha'l been a member of No. 3 band, and defendant was another. Witness owned a shed in Hardinge-street, in which the band practices. No person had a right there without his permission. He gave them the place free of rent, as long as lie was a member of the band. He left the band in consequence of a dispute about the election of a friend of his, and he then demanded rent, and they told him to put his head in a bag. On the 27th of October witness went into shed, and Webber took him by the throat, pushed him against the wall, and challenged him to tight. They broke the lock off the door, and he bought a new lock and locked the place up again. Some music and stands were taken out of the shed. Witness obtained them from a Mr. Brown, and accused had him apprehended for stealing. Part of the music was his own property, and he had an interest in the rest. Last Wednesday witness was assaulted by two other bandsmen, and accused said to them, "Give it to him, boys." He was afraid the conduct would be repeated. Cross-examined : He did not belong to the band on the 27th of October. He went there to get possession of his property, and he took the key out of the door and put it in his pocket. Accused demanded it from him, and then committed the assault. He claimed the shed as his property, and they claimed it € os band property. He brought this case on because they refused to give him an apology for having him imprisoned on false charpes. He wrote to Mr. Webber on the -24th of Noveniber, informing him that he had put on a new lock, and warning them against maliciously injuring his property, as he would prosecute them, and sue them for rent. He had previously instructed Mr. Tole to demand an apology. (Mr. Tole's letter was put in.) Mr. Weliber took no notice of either letter. William Edmonds gave evidence as to the assault. Webber took off his coat, and tie, rolled up his sleeves, and challenged plaintiff to fight, but he declined. Charles John Cranch gave evidence as to the assault on Wednesday evening last. Two men fastened on Edmonds. One caught him by the ears, and the others held him behind. Webber was present. Samuel Waterman, a boy 12 years of age, was examined as to the nature of an oath, and his answers being satisfactory, he gave evidence as to the assault on the 27th of October. This was the plaintiffs ease. The defence was that Mr. Webber only caught him round the waist, and endeavoured to take the key out of his pocket, as Webber, being secretary of the band, held himself responsible for the property. Mr. Tyler contended that the jurisdiction of the Court was ousted, the question of title having arisen, but his Worship was of opinian that he had jurisdiction. Mr. Tyler drew attention to the fact that the assault was alleged to have been committed on the 27th of October, and the information was not laid until the 29th of November. The defendant was examined. He said the shed belonged to two members of the band. He took no part in the assault on Wednesday last. It was between Edwards, one of the owners of the shed, who was trying to get into it; while Edmonds tried to prevent him. He then gave his version of the assault on the 27th. He never put his hand near his throat, but put his hand round his waist to get the key. He had repeatedly met the plaintiff since, and never molested him. Mr. McComish, bandmaster, William Philpot, and George McEwan were examined for the defence; after which the case was dismissed with costs, £5 Is.