LAW AND POLICE.

New Zealand Herald, Volume XXI, Issue 7206, 20 December 1884, Page 3

LAW AND POLICE.

SUPREME COURT. —Judge's Chambebs. [Before His Honor Mr. Jurtice Gl]lies.] His Honob Mb. Justice Gillies sat in Caambers yesterday, and the following applications were dealt with. PfiOBATE.—Mr. Mahony moved that probate be granted to Elizabeth Vialou, the executrix named in the will of the late J. R. "Vialou.—Granted. -Mr, Mahony also applied that probate in the will of Henry Scholas be granted to Mary Andrews.— Granted. Administration. — Mr. Mahony moved that letters of administration be granted to Thomas McDonald, husband of Mary Ann McDonald, deceased. Lettters of administration granted.—He also applied that letters cf administration be granted to Walter Sesan, the duly appointed attorney of John Salmon, thfr eldest brother and next of kin. of the late Solomon Salmon; Ordered to stand over till Tuesday.—ln re William Mullen Douelas, Mr. George. moved for letters of administration with will annexed. Administration granted to S. Douglas.— Mr. Dufaur applied for probate in the wills of Mary Kelly and Wiremu H. Moe. The former was granted, and the latter allowed to stand over. I Prosatk.—Mr. Coleman applied that probate be granted in the will of the late William Swaiuson.—Probate granted. R.e William Macon, . Deckasbu.—Mr. Button applied for a summons to show cause ; why administration should not ba granted. —Deferred as not being properly on the list before the Court. Clark t. Clark.—Mr. Button in this case applied for a summons to show cause why issue should not be tried to ascertain the date of cemmencement of action.—No order waß made. Bill or Costs.—Mr. Robert Paul moved in person for an order to twc bill of costs delivered to him by Mr. H. H. Lusk, n solicitor. The usual order for taxation was made. Auckland Native Lands Colonization Company v. New Zealand Native Lands Settlement Company.—Mr. HughCamptfell moved, on behalf of the plaintiff, for le:ive to have the cause tried by a special jury of twelve.—This was allowed to stand over.; McLeod v, Macfarla.ne.—Mr. Hesketh moved for an amendment of the ordor of the 24th October, ISS4.—The amendinent was made as prayed. / : Thorp v. Tuicukino. —Mr. Dufaur applied for leave to issue writ of sale.—Ordered that affidavit be filed showing why application was not made before, eight years .'having elapsed since date of judgment. ' POLICE COURT.—PKIDA,Y. [Before H» G. Seth Smith, Esq., !R. IL] Drunkenness.—Pour men were; mulcted in the usual penalty of 5s and casts, or 24 hours' hard labour. Thomas Kinfjham was remanded to to-morrow (Saturday) for the purpose of undergoing medical examination in the meantime. / Larceny and Drunkenness.—Edward Regan was charged with drunkenness, also with stealing a bottle of rum, valued at ss, the property of R. F. Luks, on Thursday. Accused pleaded guilty to fch'e first charge. Mr. Napier appeared for the defence on the second charge, pleaded not guilty on his behalf, and asked that tfaf; caso might be remanded to Monday; for the purpose in doing so he drew the attemvion of His Worship to a paragraph which appeared in that morning's HkriLD on t'h'i case, which, he said, absolutely conviche/1 the accused on the statement made therein. It alluded to facta before the charge tos proved, and gave the previous convictions of the accused. However, he did not thir.k the Court would be influenced by such statements. The remand was granted and bait allowed. Accused in bis own recognisances, of £20 and two sureties of £10 each.

Largest.— Thorn/as Brown was charged with stealing a donijn shirts valued at 30s, the property of J\<mes Caughey, Karanga-hape-road on Thursday. The accused pleaded guilty. James Caughey, draper, Karanga-bape-road, was examined. A sentence of 7 days' hard labour was inflicted.

Breaking d Entering. — Edward Murphy, on remand from Wednesday, was again brought, lap on the charge of breaking and entering ' the broom factory of Thomas JV Harbutt, at the comer of Basque-toad and ExmouVh-street, and stealing therefrom two dozen brooms, valued at 325, on December 6. Mr. E. Cooper the accused, a.nd explained to the Court that he had acted under a misunderstanding -when applying for a remand, on Wednesday, in stating that the accused had thought he was sentenced on both charges on Tuesday. Sergeant Pratt conducted the case on behalf of the prosecution. Henry Cook, employed at the factory of Thomas J. Harbatt as atoreman, deposed that on the 6th instant he made up a parcel of six dozen brooms for Mr. G. W. Owen, Queen-street. There were, four dozen of Wo. 3, and two dozen of No. 2. He left tbe.m near his bench on the top floor of the bu.ilding. At half-past nine a.m. his attention was called to another order, and in looking j.long the shop he missed two dozen of No. 2 'brooms. Crots-examined at length by Mr. I Cooper as to the fastenings of the windows. Lawrence Albert Harbutt deposed that he was manager for his father. The accused was employed in the factory in the capacity of broom stitcher up to Wednesday the 10th instant. He corroborated tha statement of the previous witness as to the brooms being in the factory on Saturday. He secured the factory, and the brooms were there at the time he locked up, The windows were all secure. There was a broken pane of glass oh the ground floor. He handed the key over to Leslie Morrison after locking up on Saturday- He returned to the premises at ten minutes to eight on Monday morning, and found the accused and two other sewers there. The accused waß working on the ground floor on Saturday. He missed two dozen of No. 2 brooms on Monday at half pant nine. [In stepping down from the witness box to examine the brooms the witness fainted, and bad to be carried out of Court.] Leslie Morrison, an was examined. From Saturday to Monday he gave the key to no one except Hogan. Cross-examined by Mr. Cooper : He went with Hogan to the factory on Sunday to wet corn. He aaw nothing amiss on that morning. The accused occasionally got the keys for the purpose of making overtime. Edward Hogan, another employ*, said he received.the key from Morrison on Sunday morning and opened the the building, which appeared to be quite secure. The witness, L. A. Harbutt, who had recovered from his indisposition, was recalled, and said on examining the premises he found corn disturbed and clay mud on the bench near the broken window on the ground floor. Tbe buttons of the window were unfastened. One of the windows on this floor had been nailed. On examining it on Monday, he found the nail straightened out, as if the window had been opened. Cross-examined by- Mr. Cooper, as to the fastenings of the windows. Sulphur was burned on the premises on Sunday morning, but the windows were not opened for ventilation. Margaret Cheek, storekeeper, Karangahaparoad, remembered the accused offering a dozen of broomß to her for sale, on Satnrday, the 6th instant, between eight and nine o'clock p.m. She purchased them for 12s, had sold one, and the police had removed the balance; Edward Hughes, detective, deposed to arresting the accused on the 10th instant, for stealing horns, and subsequently charged him with the second offence. He admitted selling the brooms. Mr. Cooper addressed the Court for the defence. His Worship considered that it had not been made Buffioiently clear to him to commit the accused upon the charge of breaking and isntering, A charge of larceny was then laid against the accused, and a plea of guilty entered. Mr. Cooper aqked for the leniency of the Court, The Bench inflioted a sentence of one month's imprisonment with hard labour, to run consecutively with the sentence of three months imposed on Tuesday.

Wounding with a Knife. — Thomas Higgins on remand from Thursday, was charged with unlawfully and maliciously wounding Elleu Hutchinson with a knife at Lorne-street, on Wednesday. Sergeant. Pratt conducted the case on behalf of the prosecution, and Mr. X. Cotter defended the accused. Ellen Hutchinson, wife of Thomas Hutchinson, deposed that she left her home, which is next door to accused's house in Lorne-street, about one o'clock on Wed' nesday, to procure a buokefc of water from a tap at the back of accused's house. When returning with the water she saw Catherine Shiels [called into Court and identified] sitting inside accused's door. She nodded her head to witness, and thinking she had something to say, went to the door. Accused shoved her out. Higgins ■ threw a cap at her, and it struck witness on the cheek. The accused came out at the same time with an open knife in his hand. She put up her hand to save herself, and the

knife ran in her arm. She conld Bee about an inch and a half of the blade. She had had a word or two with the accused before he pushed her oat. Her husband left home about eleven.o'clock that moraing and returned aboat one. She only saw two others about at the time, a man named A. Loftus [calied into Court and identified], who came to Iter assistance and dressed her arm, and a young woman named Shiels. Crossexamined by Mr. Cotter: She hr;d been previously before the Court for drunkenness, bat did not remember how often. She had liquor to drink on the 17th ints., but was not intoxicatod. She had«j had no quarrel with her hußband. She ilid not say to Lioftus that she had fallen dowa on a glabs bottle and cut has? arm. Charles J3. Tennent, medical practitioner, deposed that the last witness was bronght to him on the 17th instant, bleeding from a wound across the left wrist. It was an inch in length, and. a quarter of an inch in depth. It was a clctar incised cut, which would, in his opinion, be caused by a knife, and could not hare been done by falling on a piece of glass. The wound was olose to the ulna artery, an'l would be d:wgerous if exposed. Tetanus ouight supervene. She would hive to abstain from intoxicating liquor. Any knife like the one produced (an ordinary carving knife) might cause the wound. She was now partly out of daoger. Crossexamined by Mr. Cotter: The complainant was more or less under the influence of drink. Ellen Bourke, wife of Laurence Bourke, Lorno-street, saw the accused push the prosecutrix oat of the house, and his wife take what appeared to be a. teacnp anil throw it at the prosecutrix.- It struck her on the face. Afterwards witnean satr some blood on prosecutrix's left arm. She did not sue her fall down, but saw a man, stopping at the accused's house, euceavouring to pull a broom from the prosecutrix. Cross-examined by Mr. Cotter : The prosecutrix was not always sober. Henry Bood, miner, deposed that he lived next door to the accused's. He saw the prosecutrix in his house on Wednesday, about noon, and there was no cut on her arm. - He next saw her in her own home with a man dressing her wrist. Thomas Hutchinson, labourer, Lome-street, husband of prosecutrix, said he left his house about half-past eleven a.m. on Wednesday. His wife's arm bad no cut on it then, and when he returned about half-paat three p.m., he saw his wife in Bond's house, having her arm dressed. Cross-examined by Mr. Cotter : He had had a quarrel with his ftile that morning about eight o'clock over a shilling, to pay his fare to the North Shore. Constable O'Brien deposed that he receired information about a quarter past one o'clock on Wedneaday, in consequence of whioh he proceeded to the house of the prosecutor. He saw a man named Loftus there attending to the prosecutor's wrist. A complaint was made to him, and he subsequently arrested the accused on the charge. Next day he found the knife (produced) on the staircase. Mr. Cotter then addressed the Court, and drew attention to the manner in which the evidence for the prosecution had been called. It was the old stereotyped groove of calling evidence, which would only fit in and substantiate the charge. He did not blame the present officer conducting the prosecution. In this case two other material witnesses were present, and saw. the whole quarrel, but v. ere not called. However, he would produce them. The evidence was then read over to the accused, who, after being cautioned in the usual manner as to any statement he might make, asked permission to call evidence for his defence. Alfred James Mitchell, watchhoase keeper, Auckland, produced a sworn record of the convictions of the prosecutrix at the Police Court. There were three convictions for drunkenness, one charge of assault, m which she was discharged with a caution, and another of assault, which was dismissed. The five charges extended over a period of two yearß. Catherine Shiels, general Bervant, residing with the family of the accused, deposed to hearing a row in Hntchinson's house between twelve and ono o'clock on Wednesday. The prosecutrix was calling out for help, as her husband wan murdering her. She came into Higgins' house with an apron round her arm. She was under the influence of liquor. The accused requested her to leave his house. As she was leaving she picked up a cup, and then threw it at the accused's wife. She proceeded outside, and pioking up a washing boiler, "fired" it into the house, narrowly escaping hitting Mrs. Higgins' little boy, who was on the floor, and used threats that she would smash the : house down, &c. She then attempted to strike Mrs. Higgins with a broom, and in doing so the apron on her arm became disarranged, exposing a cut on her wrist, whioh she said had been done by falling on a glass bottle when chased by her husband. When she entered Higgins' house her face was bleeding, and apron Btained. From the time the prosecutrix entered the house first to when she left along with Loftus, who bound up her arm, the accused had not raised his hand to her. Cross-examined by Sergeant Pratt: But her evidence was not shaken in the least. .Alfred Loftus, a boarder of the accused's, gave corroborative evidence,, and swore poiitively to seeing the husband of accused outside the- window shaking his fist when the prosecutrix was in the accused's house. He saw the affair from beginning to end, and the accused did not raise his hand to the prosecutrix at any time. When the prosecutrix's arm became exposed she caught hold of him, and pulled him into her house, and locked the door, where he bound np the cut. His Worship dismissed the case.