CITY POLICE COURT.

Otago Daily Times, Issue 7125, 15 December 1884, Page 4

CITY POLICE COURT.

Friday, December 12. (Before MeßErs Logan and J. P. Jones, J.P's.) Drunkenness.—One offender was convicted and fined. Letting off Fireworks. —Frederick Woodifield waß fined Is and costs for letting off fireworks within the city. (Before E. H. Carew, Esq., R.M.) Wife Desertion. —The adjourned hearing of the charge agaiust James Cherry of deserting his wife, and leaving his wife and children without adequate means of support, was resumed.—Mr Denniston for the prosecution, and Mr Macdonald for the defence.—William Hapburn, auctioneer, gave evidence as to defendant giving him instructions to sell the house and land in Castle street. He gave the firm a power of attorney, as he was likely to leave the Colony. If the whole property was sold Mrs Cherry was to have £30, and if only part she waa to get £25. She was to have the furniture. This was reduced to writing. The balance of the money received was to be retained by the auctioneers till they got further instructions from Cherry.—ln cross-examina-tion by Mr iiaoJonald, witness stated that tha propsrty was not sold, owing to the reserve being toe high. Witness received a telegram from defendant at Auckland stating that he had been arrested, and asking that £20 might be sent him. Witness telegraphed that £950 bad baen offered for the property, but Cherry replied that that was " not good enough." Tha furniture was worth about £65 cr £70. Sho said she could not live with Cherry again.—James Forsyte, a neighbour of the parties, said that some yeara ago he hid seen Mrs Cherry turned out of hor house by her husbaud in the night time. She was undressed. —Charles Robortson, brother of Mrs Charry, said that during the last two years Cherry had bean very intemperate. Ho w.-is in tho habit of using very bad language. A few days before ho cleared ■ out ho told witness he waa going to do so, and would sell his property. Witness said he should not do "so; that if ho wished to do so ho should rather sell tha properly and give hia wife half the proceeds. Ho declared that he would never give her a csut, and the children might

go to the Benevolent.—T. J. Foofce gava evidence as to Cherry's bad conduct when drunk, and his bad language to his wife.— Tor the defence Alex. Stewart was called, and stated that on one occasion he was present when a dispute occurred, and Mrs Cherry struck her husband on the head with a fenderrest weighing some pounds. He staggered into another room and lay down. He was not tipsy. Witness suggested to Mrs Cherry that she should put her husband to bed, but she refused, and said, " Let him lie there." Witness put him to bed and dressed the wound. Witness remembered Cherry having two black eyes. Mrs Cherry told him she had given him them when be was asleep because 90 had used bad language to her the night: before. He bad often heard her say that she did not care if Cherry went away, provided he made over the property to her. She had often threatened > in Cherry's absence to run a knife through him. Her temper was fiery.—Crossexamined : Latterly, he believed, Cherry bad been in the habit of drinking too much.—L. Smith i-tated that Mrs Cherry had told him she had given her husband two black eyes.— James Cherry, the defendant, stated that when he married ha had a section and three cottages in Arthur street. Mrs Cherry had none. One of the children, a boy, was earning £1 a week, and living with his mother. It was not true that he always threatened to leave his wife, and that the children could go to the Benevolent. He had used a little bad language. He had only struck her once, 19 years ago. She had Btruck him many times, and used violent language to him. She struck him with a fender-rest, and gave him two black eyes on another occasion when he was asleep. She had struck him with a pot four months ago. Whenever sha struck him she used to run away into the street. He used bad language, but she was tarred with the same stick—only she was 'cuter, and used bad language when no one was. present. He always gave her all the money he earnedj except a few shillings ; only when they had a row he used to spend about a pound. After ho left Inglis' he told her she did not treat him properly, and he would go away. She often told him to go up-country and work at his trade, or go to Melbourne. He refused to do either. The morning before he went away ha asked her to make up friends, and he would reform. She said she would if he made over the property to the children and herself. Ha refused to do so, but offered to leave the property to her and children by will. He refused to make it over because she was trying to get him into the Lunatic Asylum. She said sha was going to her lawyer to get a separation, and he said it would be a good thing. Sha used some bad language, and said she would "euchro" him. He then-went to Mr Hepburn. That night she told him again to go up-country or to Melbourne, and he said he would not, but would go to Auckland first in search of employment, and if not successful there, to Sydney and Melbourne. He instructed Mt Hepburn to sell the property, and put a reserve on it of £1280. On his way np he tried to get employment at Christchurch and Wellington. Ha sought employment unsuccessfully at several shops in Auckland. He was arrested next day after his arrival in Auckland. When he left he had no money except £30 he borrowed from Mr.Hepburn. He suggested to the auctioneer that the firrnfture should be left to Mrs Cherry; that £50 should be given to her if the whole property was sold, and £25 if half was sold. He further told Mr Hepburn to inform his wife of this arrangement, and that he intended sending her money whenever he got employment. When he left, she had £413s a week, and lived rent free. The furniture was worth £150 or £200. It was not his intention to go away and leave his children unprovided for, —In answer to the Magistrate, defendant stated that when he went away he did not say good-bye to his wife or children.—The Magistrate thought there could be no doubt whatever that Cherry intended in going away to desert his wife and children, and he was convicted accordingly. He would make an order for the payment of 27a a week, the mother to have custody of the children; security to be given to the amount of £500.

Satobday, Deoembeb 13. (Before Messrs E. H. Oarevf, Esq., R.M., J, Logan and A. Rennie, J.Ps.) - Dkunkennek.—One offender was convicted and fited. Attempted Mubdvb at Nokth-East Vasley.—Baucaup Jacob Vandyke was brought up on a charge of unlawfully and feloniously shooting with a revolver at Mary Anne Wadsworth, with intent to murder her, at the Upper Junction Hotel, North-East "Valley, on December 12, —Inspector Weldon applied for a remand, as the occurrence took place on tha previous evening, and the girl, who had been wounded, was unable to attend. —Prisoner waa remanded until next Saturday. Chakge of ;Mtjeder at Nesthoen. — Thomas Crowley and Lawrence White were charged with having on December 3, at Nenthorn, feloniously, wilfully, and of malice aforethought murdered William Meldrmn.— Mr Danniston appeared for Crowley.—On the application of Inspector Weldon, prisoners were remanded until next Thursday.

Stealing a Watoh. —Henry Fitshall was brought up (on remand) charged with having stolen, on November 25, a diver hunting lever watch and silver albert chain, of the value of £8 10j, the property of Joseph Heweon.'Balclutha.—Detective Henderson applied for a further remand in order to Bubpcena prosacutor; but prisoner said he would plead guilty.—The watch and chain were Btolen from the person of Hewaon while he was drunk in the Crown Hotel, Balclutha. Prisoner afterwards attempted to pawn the watch and chain in Dunedin.—Ssntenced to three months' imprisonment with hard labour. Attempted Robbery fbom the Pebson.— John Howell was charged with attempting to steal on the Ist December, from the person cf Bridget M'Harry, a purse containing 163 and a handkerchief of the value of 2a.—Accused pleaded not guilty, and was defended by Mr J. Macgregor. — Accused had previously been charged with 'tho same offence in another form. He waa seen at 8 o'clock a.m. on the lat on the railway-station platform, Duaedic, by Ranger Burt, attempting to pick the pocket of Mrs M'Harry, who nad tho articles mentioned in the information in her pocket at the time.—Mr Macgregor said he would call evidence to show that it was almost impossible for accused to have been at the railway-station at the time mentionad.—George Bodley, manager of the Leviathan Boarding-housa, stated that accused had been lodging there. He waa there on the Ist inst. Previous to the train starting in the morning he was usually about the front cf the house to receive payment from lodgers going away. Witness did not sea accused go away that morning, and there waa very little chance of his going away from before 6 o'clock till half-past 8 o'clock without witness seeing him.—ln answer to a question as to whether accused was in the habit of going over to the railway-station,' witness said that it was so common for lodgers to go in and out that he would not notice whether any particular (ne went towards the station.—Mary Bodley, wife of the last witness, stated that on. tho Ist inst. accused was staying at their house. She saw him for the first time that morning, between 9 and 10 o'clock. He was then coming downstairs for breakfast. Did not see him going out or coming in. He usually got up about 9 or 10 o'clock. Never saw him before 9 o'clock. —The Bench said they did not think there was any doubt as to the identity of the accused. That was sworn to positively by two witnesses, and ho was a man of marked features, who was likely to be remembered for a considerable time. The evidence for the defence did not go to prove an alibi. Sentenced to two months' imprisonment, with hard labour.