LAW AND POLICE.

New Zealand Herald, Volume XIX, Issue 6341, 15 March 1882, Page 3

LAW AND POLICE.

DISTRICT COURT.—TI-esuay. (Before J. E. Macdonald, V.x\., Judje.J

The Court sat this morning. Larche y. D.tRGAVILLt. —His Honor gave judgment in this case, heard on Monday, the particulars of which were stated at length in yesterday's issue of this paper, as follows :—The with me in this case was whether, the" parties bein? undoubtedly partners, the plaintiff's cause of action was one of the class which could be at law prosecuted by one partner agsinst another. There arc three questions submitted in Lindley's "Law of Vartnership" as test questions. On the circumstances of this case, I think the answer to each question is against the plaintiff. Nonsuited.

POLICE COURT.-Tuesday. [Before J. E. Macdonald, Esq., R.M.]

Druvkexxess.— Two men were punished for drunkenness. One man was discharged with a caution. Ivdecent Exposure.— John Jones was fined 10s and costs, or in default 4S hours' imprisonment, for a breach of the Municipal Police Act, by indecent exposure. Damaging Property.—Kavan Mason was charged with wilfully and maliciously committing damage to a door to the amount of £1 10s, the property of Patrick Carr, Newton, on the 12th instant. Adjourned till Wednesday. Assault.—John Masters was charged with unlawfully assaulting Mary Ann Masters, by striking her about the body and face with his clenched fist. Complainant did not appear to prosecute. Case dismissed. Larceny.—Margaret Phillips alias Mary Watt was charged with stealing from the dwelling-house of George F. Brimblecoirb, a gold watch, chain, and a piece of silk, worth £9, the property of the said George F. Erimblecomb, on or about the 24th October, ISSI. Remanded to Monday next. Larceny. — David Thompson, alias Roberts, was sentenced to a month's imprisonment, with hard labour, for stealing a rug, worth £5 the property of Richard Bulling, on the 13th inst. Larceny.—A charge preferred against George Reill3', of stealing a butcher's knife and steel, worth 10s, the property of Edward Michael Hallett, Parnell, on the 7th inst., was dismissed. Assault. —Daniel Fallon was charged with unlawfully assaulting Henry Byron by seizing him by the back and arms, and knockiug him down. Mr. Tyler appeared for the complainant, and Mr. Tole for the defendant. Mr. Tyler opened the case at great length, and called Henry Byron (of the firm of Hammond and Byrou), who deposed that, some time since, he had a quantity of totara logs consigned to him. The logs were placed on different parts of the reclamation. Paid freight on the logs. When the logs arrived he requested Mr. Fallon to have them " passed." The logs were supplied to Malone, a sub-contractor of Fallon, from tho firm of Spirgo and Co. The request as to the passing of the logs resulted in some being passed and some not. The passed logs were removed. Had instructions from Mr. Malone to sell those that were not liassed. Until they were passed defendant had no right to take the logs. More logs were rejected than passed. The particular log which complainant tried to remove was 15 x 12 by 45 feet long, which was the size of logs agreed on to bu supplied. Mr. Hammond, witness, and two carters, went to the reclamation ground to remove the logs. Attached one log to the axle of the dray. Mr. Fallon appeared on the scene and ordered one of his men to' Unhitch the log from tho dray. Witness was resting ou the log, looking at what the men were doing, when Fallon, without warning, seized him and rolled him over the lol'. Defendant gave him a shaking ; felt the effects of it afterwards. Did not resist at all. Defendant's men then shifted the log. Robert W. Hammond and two other witnesses were examined. After hearing the evidence of the witnesses called by complainant and defendant, and th« remarks of learned counsel, His Worship said : —

" For some time I have had no doubt about this case, except as to the excess of force. As to that we liud'defendaut quiet enough— ho semis for a policeman, and if Mr. Byron hail kept quiet till the constable arrived, this assault would not have occurred, but instead of waiting, Mr. Byron, finding his two men under tlie dray giving way to defendant's men, encouraged them ' to hold on to the log.' This, no doubt, was the cause of. defendant's anger, and the complainant, having gone to seize the logs with some sort of toree, cannot expect much sympathy in any disturbance that ensues, and I cannot weigh too closely the nature of the assault except manifestly excessive, which iu this case it was not.' . Case dismissed with costs.

Assault.—William Lcyn was charged with unlawfully assaulting Nga Peke, by ca'ching her by the throat and attempting to choke her. Kate Power was also charged with assaulting Nga Pcke, by striking Tier on the face an! body with her clenched fist. There was no appearance of the complainant, and the cases were dismissed. Bigamy.—Elizabeth Darrau was again brought up on this charge. F. M. Hewson, recalled, deposed that the portrait produced was a likeness of the man prisoner had pointed out to him as being Fred. Smith, it was only quite recently that he got sufficient evidence to support the present charge. To prisoner : You did tell me that I was not your lawful husband, but you subsequently denied it. Arthur Innis, recalled, recognised the portrait produced as that of Fred. Smith, aliax Robert Darrali, husband of accused, and the person whom he saw in Hewson's house at Mount Eden, iu IS7S. Dr. Macdonald, recalled, stated that ho believed the portrait produced to be a photograph of Robert Darrali, who came to witness for a marriage certificate. Detective Strathern deposed to arresting accused on the present charge. Explained charge to prisoner, who replied that the reason she married Hewson was that Darrah had deserted her. and she had to marry Hewson to get a home; that she loved Bob Darrah better than Hewson, and she took every opportunity of meeting him, and bad done so at Hewson's house. The depositions were then read over to prisoner, and she was cautioned in the usual way, and asked if she wished to make a statement, to which she replied, "All I have to say is that Hewson knew that I was a married woman four years ago." Prisoner was duly committed for trial at the next sessions of the Supreme Court.