Saturday. February 8th.

Wellington Independent, Volume XXII, Issue 2634, 11 February 1868, Page 4

Saturday. February Bth.

(Before J. C. Crawford, Esq., KM.) DRUNKENNESS. Edwin Hnll, an old offender, was fined 20s, and Henry Lowe, John Barmon, George McArthy, and George Strung 5s each for this offence. ASSAULTING A CONSTABLE. E. E. Morton was charged with assaulting tho police in the execution of their duty. Mr Buckley appeared for the police, and Mr Allan watched the case on behalf of Mr Browne, who has laid an information for perjury against the defendant. Mr Brandon appeared for the dofondant. Charles Frasor, constable, deposed that yesterday afternoon he had a warrant to arrest tho prisoner on a charge of perjury, and on going to his house saw Mrs Morten, who said that Mr Morton was in the house, then coming up the passage. Witness said to him " I have come to apprehend you on warrant 5" prisoner interrupting said on what charge ; witness replied "on a charge of perjury," and laid his right hand on prisoner's left shoulder, and said " In the Queen's name you are now my prisoner." Prisoner asked to see the warrant, and witness produced it and read it to him (warrant produced). Prisoner asked witness to come into the room for a fow minutes, and he complied, going into the front parlor. Prisoner sat down, saying " I want a copy of your warrant, and witness replied, " You won't do anything of the sort ; you will have to come with mo at once." Prisoner said, " All right, I'll go with you." They both then walked to the halldoor, and on it bei"g opened, witness was a little in front. The prisoner then pushed him violently on the shoulder, shoving him out, and slamming the door violently, breaking a glass pane in it, and said, cf Now you can open tho door if you can." Witness watched the door for a fow minutes, when Constables Eeid and Campbell came up. Witness sent them to the rear, and remained j himself in front, and the door being broken open with a piece of timber, got in. Constable Reid got in first, and seized prisoner by the left shoulder ; and when witness went in, prisoner seized him by the collar, and tore his coat open (produced) on the loft shoulder. Witnessand constable Reid then had to force him out of the house into the street, where he still resisted. There were thirty or forty persons outside, and prisoner called on Mr McDougall, saying " Will you see me treated in this way ?" and witness said, " Mr McDougal! will not interfere." Prisoner also appealed to Mr J. Martin, and he asked if he might be allowed to walk quietly j and witness said he had escaped once, and should not do so again. Mrs Morton caught hold of witness' arm, when they were between the hall-door and tho gate. Mr Buckley : Aft hat was the state of the house inside ? Mr Brandon objected, as it was not evidence. Witness, in continuation, said that the house looked very bare. There were no carpets, and very little furniture in it. He was not in the uniform of a policeman, but witness knew perfectly well what ho wus, for lie was pr» Bent when prisoner was comvicted of selling liquors without a license. Prisoner knew he was in the police. Witness had been in the police in Victoriu, and hero for nearly three years. Had he not been assisted, ho would have been afraid of his life between prisoner and his wife. Cross-examined : It was about a year and a half ago that witness" went to prisoner's house to search for spirits. Had not spoken to him since to his knowledge till this occasion. Witness saw the parlor and tho hall. Was not aware that it was an office.. There was a map hanging on the wall. Did not observe a clock in the room. There were books on the table. Did not observe any matting on the floor. Did not go into any other room. Re-examined . When prisoner was Bhown the warrant ho was very civil and did not object that witness was not a constable, and seemed ready to come. Constable Reid deposed that between three and four o'clock on Friday afternoon he went to prisoner's house, and a lady came to the door, and he asked if Mr Morton was in. She Baid he was not, and asked what witness wanted with him, and he replied that ho had a small summons for him. She replied that he had gone down, she thought, towards the steamers. Witness looked for prisoner in that direction but could not find him. He then returned towards his house, and met Constable Fraser, telling him he had a warraut for prisoner's arrest, and that he was confident he was in the house. Witness asked Fraser to execute the warrant, while he waited outside unseen, and Fraser proceeded to do so, and got inside the house. Witness heard the slamming of the door, and the breaking oi the glass, and saw Fraser outside in a running attitude, as if he had been pushed. Fraser said, "Go bohind, he's bolted." Witness went behind and looked about, but could not see prisoner. He then came to the front, and they forced in the door and entered the house, witness preceding, and met prisoner in the passage. Witness caught hold of him by the left arm and said, " You'll have to come with us." On Fraser coming up, prisoner grasped him forcibly by the collar, and after a struggle Fraser got himself clear and seized his other arm. While prisoner was being got outside, he resisted violently, and continued resisting till they met Mr Martin. Prisonor was crying out to everyone, "See how they are treating me at last." Prisoner resisted very violently till Mr Martin said " Go quietly," Witness was in uniform. Sergeant Monaghan then came up and took Fraper's place. Cross-examined : Did not go into the room. Did not observe that Mrs Morton was violent. She had no knife or poker. She was crying and making a noiso. Believed that Fraser would have stood very small show in tho house if he had been unassisted. Re-examined : Had not opportunity to observe Mrs Morton's conduct very closely. Prisoner was claiming everybody's sympathy. This closed the case for the prosecution. Mr Brandon, who said he could call no witnesses, said he could not justify prisoner's conduct, but it might be extenuated. His Worship snid he was unable to deal with the case summarily. Mr Brandon continued that the constable was not in uniform, and he would urge that in extenuation of the offence. The prisoner wus then fully committed to take his trial ; his Worship expressing his willingness to take buil for prisoner, himself in £60, and two sureties of £50 each. PERJURY. Tho sanio prisoner, E. E. Morton, was then charged on tho information of J. Browne, with having committed wilful and corrupt perjury. Mr Allan appeared for tho prosecution j MiBrandon for tho prisoner. The prisoner was then remanded till Monday next, on the same bail as in the provious case.