POLICE COURT NEWS.

New Zealand Herald, Volume XLIV, Issue 13393, 23 January 1907, Page 5

POLICE COURT NEWS.

DISTURBANCE ON THE INDRAGHIRI. FIREMAN KICKED UNTIL UNCONSCIOUS. Two members of tin 1 crew of the s.s. Indragliiri named Lawrence Duffee and George ■Swvill were charged before Mr. C. C. Kettle, S.M., at he Police Court yesterday with assaulting Win. Ross McAndrew (also a, member of the crew) on January 16 so as to cause him actual !>o«ily harm. Sergeant Hendry prosecuted, and accused were undefended.

.lames McXaught, chief engineer on the s.s. Indr.ighiri, st.at< d that some time ago an offence was ounmitted against the rules of the steamer on the high seas, and most of the firemen took part in the affair. They were ordered to pay 13s 8d each to repair the damage done, and all paid with the exception of McAndrew, who refused to pay, saying that ho was not. the actual culprit, and did not consider himself liable. (In 'He rest of the men signing the papers if. was freely stated by most of them that "they would take it, out of McAndrew." Duffee ..aid. "We will take it out of McAndrew when we get to Auckland.'' (In this occasion witness told the men that they could settle their differences ashore, and that he would not have any quarrelling on board the steamer. Witness did not see any of live actual row in question, but was in the second engineer's cabin at the time of the disturbance. Duffee afterwards came past the cabin, and witness remonstrated with him for having kicked McAndrew. saying that, if he had used his fists lie (witness) would not have had anything to say in tho matter. lie also said that among Britishers they expected at least fair play. Duffee said he was a good Britisher himself, but McAndrew was a cur, and that he would kick him again. Witness saw McAndrew lying unconscious on the deck, with tho captain and the doctor standing over him.

George L. Cotterill, second engineer 011 the same steamer, said 011 the night in question McAndrew came aboard the vessel under the influence of liquor. .Savill was partly intoxicated, hut 1 hitter was not so. Witness saw Savill and McAndrew fighting on the deck, and lie separated them. McAndrew fell unconscious to the deck. Snviil afterwards kicked McAndrew on the face with the heel of his boot. Ho also stamped on Me Andrew's face. While witness was preventing Savill from kicking McAndrew l)utfe<» came along- and kicked McAndrew over the heart and then in the tare. MoAndrew was lying- unconscious on the ckfk when lie was kicked. Duti'ee and Savill were then removed to another part, of the ship. Duffee afterwards asked wittier why he took McAudrt'w's part, and witness said he would take any man's parr, who was being kicked. Duffee also asked witness if MeAn drew didn't deserve to bo kicked, and witness said, " I know nothing about, that. It's not a fair thing." Duti'ee then replied, "All right : 1 kicked the man, and I'll kick him again. I'll jump on him and kick iho — — our of him."

To Savill: You kicked twice with the heel of your lxiot. James Porter, fourth engineer of the Indraghiri. and Harry l.a.dlow, third o Hirer on the same steamer, ga\e similar evidence regarding the assault. Dr. Sharman said oil the night of January 16 he was called to attend to McAndrcw, who was then lying unconscious on the deck of the Jndrughiri. lie was differing from severe concussion of the brain, and was bleeding from the lip-. Tin re was a wound over the left eye and other bruises on his face. Ills condition was \ery .serious. Witness ordered his removal to the hospital. The complainant, a. fireman, said he had a. slight recollection of going on iioard the Inilraghiri on January Jo. Witness had been drinking with the accused. Before the -•reamer readied Auckland the accused knocked witness about in the forec ast This was liecati-e witness informed the cap 'ail! that some members of tie* crew had broached whisky cargo. A reused had al.-o threatened to "dump" wit-miss overt). as was done with troublesome people on some ships going to America. Accused had broken two sets of witness' false, teeth. Oil lie- dale in question Savill knocked witness on to the. deck. lie (witness) then feU a kick and hear.l someone say, "Don't kick him. Duffee. Thai's a (owardlv thing to kick a man." Witnes- did not remenibci any more, as he was rendered unconscious.

j Constable Armstrong gave evidence of th" ; arrest. I Ac used did not give evidence, and eoni seutfd to In- dealt with summarily. lien formally charged they pleaded I guilty to assaulting McAndrew. but not ! guiltv to kicking him. j Mr. Kettle .-■aid lie was satisfied thai acj cused kicked MeAndiew. The lussanlt was a i very serious one. Accused were each nciii teneeil to a month's imprisonment, I On hearing their sentence's c used thank- ] ed Hi. Worship, and asked permission io 1 .-hake hands with MeAndrev.-, and ihi- was ' allowed. | . j CHILI* APANDONINd (ASK. | II AH INC ICBTHKB VL).I» (CKNHI >. I The adjourned hearing of the oa.-o in j which Sarah McPhuiid was charged with j abandoning her child at Orakei on October !13 lv as continued. j For the prosecution Minnie Hera, a Maori ! woman residing at Orakei, said accused left ; her (accused's) child in a Maori whare at i Orakei. When aci-ic-ed was going awayv.itI ni'-s told her to take the baby with her. She i did not promise accused that die would mind the baby lor her. It was not tine j that accused gave willies* t.he baby to mind. I In reply to accused witness said the night beiore aetu.-ed went a way .-he asked her to I lake the baby until her (witness') -i.-ter c ame ! home again. Witness' father objected to j her sister taking the baby. He said, "No; too many babies to keep." Next, morning accused asked witness to lake the child, and she al-ci refused. Her father .-aid to accused. "No: you must, take the babv away with you. li yon warn to give the baby away take it somewhere else." Before acj cused arid the man Powers left- Orakei , Bowers said, "Why don't you lake thai j baby? You can feed it on bread and water." To this witness replied that she did nor, know that the child had Is-en fed on j broad and water. Accused and Powers then went away. The child was afterwardsfound crying in the whare. Witness called ' out to accused that, she had left the baby in the house, and she replied, "All right; leave baby there." She (accused) did nee return for the child. "Witness gave the baby to a Mrs. Mauri, who handed it over to a j Mrs. Mincluini. The baby would no; eat ! anything for two days. It cried so bitterly 1 that it was- thought it would die. In answer to accused witness said she did j not take the baby from MePhund's arms. [ The baby Wits found lying on a bod. j Kita Thompson, also a Maori woman, j ga\e corroborative evidence. i Mr. Kettle stated thai he had grave doubts 1 a- to whether there r.as actual abandon I ment. Th"iv was certainly no evidence of j exposure. It was quite clear that the child i wa- deserted. j Sub- Inspector Cordon said it was a -can- ! daloii- thing that wi. white child should be j left in this way at the. mercy of Maori.-, j lie submitted that the evidence amounted | to abandonment. i The further hearing of the ca-e was adI journed until .Monday next in order thai, j Bowers might be called.

AFRAID OF THE DETECTIVES. A middle-aged man named John 11. Me Murray pleaded guilty to obtaining £2 from Horace Jones, license*' ot the Rob Roy Hotel, Freeman's Bay, by means ol a valueless cheque. Sub-Inspector Cordon explained that accused owed the licensee a fee/ shillings, and presented the cheque in payment of the money, receiving £1 15s ill change. The cheiiue was subsequently returned from the hank, where ii had been sent, and marked " No account." Accused, who hud given himself up to the police because he " thought that the detectives were after hint," was convicted and ordered to come up for .sentence when called upon. He was also prohibited for 12 months.

ALLECED FALSE PRETENCES. Arthur 11. liinsiead, a young man. was charged with having obtained clothing valued at £2 5s 6d from Abraham Cook by means of a false pretence, and further with having pretended to be a medical practitioner. Chief-I>etccti\« Marsack applied for a week's remand, stating thai other charges would probably be preferred against accused. The. remand was granted. Rail was allowed, iu two suirotk's of £50 oath.

MISCELLANEOUS. David Cooke, who had been charged with vagrancy and remanded, was- brought beforo the Court yesterday. The relieving officer tor the Auckland Charitable Aid Board (Mr. Jones) informed the Court that the Board could not see its way to admit Cooke into the Costley Home. Cooke had previously been in the home. but. he only remained there for some days and then went away. An officer of the Salvation Army offered to take the old man into their charge, and Mr. Kettle adjourned the case for three week-, accused promising to go to the Salvation Army Home. Norman MeOullen, who did not appear, was sentenced to one month's imprisonment for disobeying an order of the Court for the maintenance of his child. The arrears amounted to £5 6s.

By consent Edmund Wright was ordered to contribute 17s 6d per week for the maintenance of his wife and child.

Four first offenders (three women) were each fined 5s and cost.-, or in default 24hours' imprisonment, for drunkenness. Mary 10. South was charged with disorderly conduct while drunk, and bo with assaulting Mary Edward. Sub-Inspector (>ordon stated that the defendant and the complainant, had been drinking together in a hotel, and when they came outside defendant knocked the complainant, to the ground. Defendant was fined 5s on the first charge, and on the second she was ordered to come up for sentence when called upon. •lohn Cogan, who did not appear, was ordered to pay 7s 6d per week for tile support of his illegitimate child. William Nathan was sentenced to three months.' imprisonment, for disobeying an order of the Court for the maintenance of his illegitimate child.

Albert E. Goldsmith was sentenced to three months' imprisonment for disobeying an order of tho Court for the maintenance of his wife, the warrant to be suspended so long as defendant pays 7s 6d per week off the. arrears £30 Is.

A month's imprisonment, was imposed upon Thomas Payne for disobeying an order of the Court- for the support of his mother.