POLICE COURT.—Wednesday.

New Zealand Herald, Issue XXI, 15 May 1884, Page 3

POLICE COURT.— Wednesday.

[Before His Worship the Mayor and Mr. B. J.P.'fl.] DauNKKKiiEss.—Xhomaß Orr, charged with , being drunk and disorderly, pleaded guilty, ana was fined 20s and costs, or in default forty-eight hours' imprisonment. One mm was punished for an ordinary offence. Xjauokny.—Thomaa Hamburg was charged with stealing a quantity of olothing, worth £5, the property of Captain MoArthur, on board the steamer Argyle, on or about the 26th of April. Mr, A. E. Whitaker, appeared for the aocused, and pleaded not guilty. Sergeant White asked for a remand till Tuesday, which was granted. Bail was refnaad. Indecent Assault.—The caae against Norman MoKenzie, charged with indecently assaulting Margaret Hurley, a child 7 years of age, was called. Mr. Napier appeared for the defence. This caae had been partly heard on the previous day, when the evidence of the child waß taken. . She was subjected to a olose and searching cross-ex-amination by Mr. Napier. Her evidence was read over to her. The allegation was that the accused put his hand -under her clothes. There was no one present at the time of 'the assault. Ann, Bride, wife of John Bride, of Albert-street, near the prosecutor's house, deposed to seeing the little girl between eleven and twelve o clook, frequently running in and out of the passage to the street." He saw prisoner going into the passage twice after Mrs. Hurley had gone away with a parcel towards - the wharf. When witness saw. them the little girl was with., him, going towards Mrs. Hurley's house, and about five. or six minutes afterwards "she saw l the child standing in the pasßage with her face towards the fence crying, "and prisoner was standing inside" the door of .Mrs. Hurley's house. . She asked the ohild what she was cryiDg about, and she said there was a man in the house, and in reply to questions, she said she did not know him, and her mother did not wash for him. He asked her if the man touched her, and she said he took her on his knee and put his hand nnder her clothes. Prisoner was all this' time standing at the door, and must have heard the conversation, and he then went away. He appeared to be under the influence of drink, but was not quite drunk, and could walk quite steady. She _ afterwards saw him in the Eagle Hotel from the street. He left the Eagle, and walked up the street, and it was then she called the constable's attention to him. This was about a quarter of an hour after the conversation with the child, and the constable arrested him immediately. She drew his attention to the prisoner. The witness was croas-examined. Mrs. Hurley gave evidence as to the child having made a complaint. The arresting constable, Donovan, also gave evidence. Mr. Napier addressed the Court, and the Benoh retired to consider their decision, and on their return the Chairman said they did not feel justified in oommitting the prisoner for trial. Sergeant White then asked to have the case treated as a common assault on the evidence already given. Mr. Napier assented to this course. The prisoner was fined 5s and costs for being drunk ; and for the assault he was finod £5 and costs, or a month's imprisonment. Assault.—Michaelßreen, jun., arrested on warrant, was oharged with assaulting Thos. Acheson by striking him repeatedly with his olenohed fist. Mr.' Napier appeared for the prosecution, and Mr. Speed for the defendant. The Court decided that, as Justices could not be procured, the case must be adjourned. Mr. Hurst undertook to sit if the case was only to oocupy a limited time.

[Before Mr. Hurst and Mr. Tonka, J.P.'s.] Mr. Speed, for the defendant, pleaded not guilty ; and Mr. , Napier appeared for the proseoution. The prosecutor deposed 'to the' defondant striking him and kicking him, causing him a blaok eye and wounds on his body. In cross-examination he admitted having a quarrel with his wife, but denied abusing defendant's mother. Annie Biggins, Thomas Higgins, and Ellen Hutchinson (wife of the prcsecutor), and Charles Mills (a dealer), Joseph Tye (» gaslighter), gave evidence. The defence was that prosecutor had spoken to defendant in a foul manner of his mother and himself, and the blow was struck in self defence. Thomas Breen, brother of defendant, - and Mary Broen, mother of the defendant, Mrs. Scott, and Annie Howard, were examined. The defendant also gave his evidence. Defendant was bound over in his own recognisances of £50, and two sureties of £25 eaoh, to keep the peaoe for Bix months. The costs were £5 18s.