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Colonist, Volume III, Issue 306, 25 September 1860, Page 2

Lecture.—We beg to remind our readers that the Lecture on George Stephenson, by G. Heppel, Esq., which was postponed on account of the weather, will be delivered to-morrow evening, : at the Institute. ; New Zealand Flax.—The last quotations from the Home News are not much more cheering than heretofore concerning this article. We copy the following:—'Flax.—At sale four tons New Zealand flax-straw, ex Harwood, part sold, first class damaged JlB, and secondandthirdclass ,£l3. Eight bundles 26 cwt. loose, ex Zealandia, were taken in at.'s2o per ton.' This last sum, if: generally realised, would pay, supposing it could be sent to England as cheaply as wool. When the. chrome is ready for forwarding we hope some enterprising indiiidual will give flax (not flax-straw) another trial, so as to make a top and bottom cargo. H O p S .__We copy the following prices of hops from the Home News :—' Sussex £B ss. to £4105.; Kent, East and Mid. £4 ss. to £7 75.; yearling s £2 ss. to £3; Foreign (duty 455.) Bavarian £7 10s, to £10.' ' Supreme Court.—The following are the Criminal Cases tried in these Courts in New Zealand for the year 1859 ;— Committals Convictions, .; Auckland . . .38 .^7 Taranaki . . ..- ■. 0.: . 0 Wellington . . . 61-. 28 Nelson ... .0 0 Canterbury ... . 21 13 < ■ Otago . . . - 4 2 89 60 Marriages in New Zealand in 1859.— Auckland 188; Taranaki 24; Wellington 110; Hawke's Bay 14; Nelson 64; Canterbury 119; Otago 81. ; RESIDENT MAGISTRATE'S COJIRI. Saturday, Sept. 22. • [Before J. Poynter, Esq., Besident Magistrate, and E. X: NewcomevEsq.J Donald Barnes, Charles Biti," Peter Sims, and Peter Cutting, seamen on furlough from the steamer Airedale, were summoned by one of the constables of the Nelson police force (Mytton), for assaulting him in the' execution of his duty. E. Mytton sworn:—Was fetched on Tuesday evening last by A. Stewart, constable, to go down to Mr. Lewthwaite's, Wakatu Hotel, owing to a fight that was, .taking place; saw the prisoner Bird when he went down, he was drunk; saw also the other three who appeared _ to be in the same condition; witness collared Bird, and in return got a blow for it; Sims and Cutting were not so drunk as the other two; Bird swore and said he would not go with him; got him down.and called for assistance; Watts came, and witness" asked Watts in' the Queen's name to ;assist him; Mr. Stafford also assisted to bind his hands i when witness was down Barney struck him across the; face; Sims and Cutting, after Bird was tied and whilst he was in charge, released him by untying his hands, the Bird flew, and ultimately they all got away and went down the beach together. • ; . ■ Cross-examined by Bird: It was near Lewthwaite's when I took you in charge; I held your hands whilst Mr. Stafford^ tied them. vsh a i handkerchief. . ' ■;■: : # ■ On the question being put to the prisoner Sims, as to whether he had any thing to ask, said he did not recollect the evening in question at all. It appeared to him as a dream. (A laugh. Cutting denied helping any cne to untie the hands of the prisoner Bird. - ; bims very innocently said lie heard nothing, saw nothing, and remembered nothing, about it. (Ano-; ther laugh.J , , ,r T : ' Alex. Stewart sworn said: that on Mr. Lew-; "thwaite's barman coming to the poliice station and telling him there was a terrible row, Mytton sent, for him and went down; saw Bird and Barney in; a very disorderly state, squaring away; witness asked Barney what he was about. He said i is that to you, you —— constable ——-,' and, was holding out his fists; witness then took him into custody, and in doing so received a blow from him. Watts came-forward to take hold of the prisoner, when asked to do so by Mytton, and both were knocked down by the prisoner; got up and was knocked down again by some one from behind; Barney kicked him when down.. The prisoner Cutting and another man then released ; the man we had in charge, y,;.; , John Lewthwaite, of the Wakatu"Hotel,_ sworn: Kecollect the disturbance on the evening in question, and remember also the constables being present; on that evening as .witness was coming from the billiard room; he was met, by the boy, who told him there was a drunken man in : one of the bedrooms; wituesa went and found one of the pri-

sottefß th?i'c \ witness told him he- tnnst go from there, but he said he wo~uld not; hewaoj however, put out; and going rou^nd to the bar found him there again, and again'put him out. In doing so witness was struck by Barney on the head with his fist.; he was put outside a second time, and 1 from the number of people outside and in, it was evident there was some one urging them on; a man named Simpson and another named Nesbitfc were close to the door looking on. Mr. Lewthwaite sent for the constables, after which he locked the door. Saw from the window they were tumbling about as if they were drunk. . Wm. Watts sworn: Remember the row at Lewthwatte's, and assisted the constables on that occasion when asked to do so. Saw Bird and Barney there, also Sims. Myttori had hold of Bird, •and Stewart had Barney; was struck by some one but do not know who. Witness was knocked down near the weighing bridge. Saw Mr. Stafford there. , -:;•.- ■■■■ •' ' ■■''•'■ '" :-''■:, ; Hugh Henry Stafford sworn: Was present on Tuesday evening last and saw the row; saw Bar- • ney and Bird at'Lewthwaite's door. Saw Wynen strike Watts, who told him (Watts) to come away as he was no constable, at the same time knocking him down. Witness assisted in tying Bird's hands with a handkerchief. Cross-examined by the prisoner Barney, who loked very knowingly in the face of the witness: —" You did not forget i; to tie them either, did you ?" (Roars of laughter^) . •■■• Barney here tried to explain the cause of the disturbance. He said that he and his mates after being on board the steamer for some months, wished'to;, have aday's spree, and.forthnt purpose hired a:-'coach and all proceeded to Richmond. After returning they'were having a friendly glass together,-when they' werd.given m chatge to the police. At this period pi his oration he Was stopped by the. magistrate, vh- f p"V .' i : Wm. Wilkie sworn: /Was present on Tuesday part of the time of the disturbance. -First saw Mr. Lewthwaite putting out two men from his house, and assisted in releasinghim from the hands of Barney, and.put him (Barney) |n.the middle the road. Saw the constables take .Bird and Barney in charge. Wifness told spme of the bystanders that it was cowardly in not assisting tne constables; Watts, assisted. JLfterwardasaw the defendant Sims i interfering, wjth the. police, and allowed the prisoners to make, their escape. , John Turner sworn: Was present and witnessed the disturbance on Tuesday last. • Saw the defendants there, who all appeared drunk. /They were playing about together and squaring/jup at each other. Mytton, the constable, was there. Saw him struck by Barney. ' Watts was assisting the constables^when Wynen went to himan^sked him why he interfered, and aawhimjgiyeiim a pull when thethree (Barney, Wattsi arid Mytton) fell down together. Saw Mr. Wilkie assisting the constable Stewart. This closed the case; \ ' i The magistrate asked what • they; had. to'say in defence, when the story above given vpas repeated, but this failing to satisfy his Worship, fined Barney and Bird in the sum of £5 each, and Sim 3 and Cutting in the sum of £3 each. James Wynen, gentleman, was then summoned by Mytton, the constable, for resisting him in the execution of his duty. Defendant denied the charge. - - •. > E. Mytton sworn: At; the row on Tuesday evening last, •sa.w/defendaht -give Watts a backhanded blow, against the weigh r bridge; and for a time he appeared stunned by the blow. Watts was giving good assistance when 'defendant interfered, and would not have been able to manage one of the defendants had not Mr. Stafford been there. • ■ ' ; :-'■'•■•';■ ; Cross-examined: Saw you strike Watts. He appeared to be sober. Did not hear you say that Watts was not in a fit state to assist. You did not strike me, but you interfered to prevent Watts assisting me. , Hugh H. Stafford, sworn: Was present at the row, and saw Wynen there. Saw him pull off Watts while in the act off assisting the. constable. Heard Wynen say—-"What are you doing there, you are no constable. I , . . . - ,„" Cr6ss-examined: Am quite positive you were there. f v . ' L John Turner .sworWt^Was present when the row took place on Tuesday, Wynen was there. , Saw him pull Watts off the policeman. Watts fell down with the constable^ and Barney, near the corner door. Mr. Wynen, in defence said, lie tried io-assist Mr. Lewthwaite in the row.<■ He believed Watts was not in a fit state to assist, and maintained he had not been guilty of a, breach of thp? peace ,and proceeded to call witnesses to that effect» but was prevented doing so by the magistrate, who fined him in the sum of £10, including costs, Janet Macdonald was fined in the like sum. and costs remitted. .-.' . , i Henry Clouston was summoned by W. L. Wrey, for allowing three horses to stray in I^ile-street East. . >>,- ■ ■■■■■? ~ ■■v- •■"" fl1lJ W.L. Wrey sworn: Was going, to his grbund on Wednesday last, and saw the horses in the road, and identified them as the property of the defendant. Cross-examined: They were near the river ;>it was about half-past 9 o'clock. - My land is partly fenced. They were grazing on the high road. George Richards (a lad about 16 years of age), after being asked if he knew the nature of an oath, said—Recollect seeing Mr. Wrey on Wednesday morning last; saw three horses belonging',to Mr. Clouston on a Mr. Wre/s land.: Saw Mr. Wrey about 10 o'clock sitting on the spur of the hill on a seat; saw Mr. Clouston and stopped and talked with him; saw Mr. Wrey after I saw Mr. Clouston trying to drive the horses off his ground into the.eitreet. \ : ~ ; Fined 3s. and costs. ;^ y . ■ ' James Bentley was summoned by one, of the Constables, under the constabulary force ordinance, for allowing a vicious dog to be at large without a muzzle. E. Mytton, constable, sworn: Last Saturday, he was on duty in Bridge-street, and the dog of Mr. Bentley flew at his throat; he backed out in the middle of the street, and the dog followed him. When Mr. Lowe had it it flew at him. Believed him to be between a blood-hound and^ a ] mastiff. The dog ought to be kept muzzled, as it is a dangerous dog. 'Cross-examined: Was-^noi going towards the pump on your premises-when the dog attacked witness'.^. ■'■ '•'- ■ . ■' '." .'; ..'. '■..■"•■': Thos. Goodman, baker, sworn:' Know a dog belongingto Mr. Bentley; believe it to be a bull and mastiff; believe it to be" a ferocious dog; when it was in possession pftMr. Lowe it came out twice and attacked witness." Told Mr. Harp«tf ; the constable. ..,...,"..'.. # .' John Henry .Austin Lowe sworn: The dog: is a very playful dogj and never knew him. to be guilty of any ferociousness, he is a large heavy dog» Have had .him four yearsi and from him because he was in the habit of jumping into witness's garden and spoiling it. , - ■ "" ' r The magistrate in dismissing the case cautioned the defendant as to his securing him in future, and recommended him to register the dog, if it was not registered. , r Another case in connection with the above was tried yesterday (Monday), when a fine of 40s^and costs was given. ■-■"■-:- \ _-^ -Mrs. Clarke Was summoned by W. L. Wrey, for allowing, a cow in her possession to stray.