POLICE COURT.

Wellington Independent, Volume XXVI, Issue XXVI, 27 July 1871, Page 3

POLICE COURT.

Wednesday, July, 27. (Before Edward Pearce, Esq, and Joe Dransfield, Esq, J.P.'e.) MERELY A FAMILY MATTER. Edward Smith, Rose Smith, and William "Barlow, were charged with assaulting Henry Milward. Henry Milward, landlord of the G-.obc Hotel, Adelaide road, said just as it was getting dark on Tuesday evening the prisoners, Mrs Smith and Barlow drove up to Ins house. Mrs Smith asked if ber husband was in, and he said y.-s ; whereupon she asked for two drinks, but witness would not serve her. The prisoners then went inside, and as soon as Smith saw Barlow ho stuck him. Witness tried to stop them, and opened tho door and took Smith off Barlow, when they both turned on him. Barlow held witness' arms, Smith prasned him by the throat, and Mrs Smith pulled his beard. Smith also pulled a handful of hair out of witness' head. Finding himself unequal to the three of them, witness sent his eon for the police, while he ran down the street for assistance. Prisoner Smith : Didn't you send men to ■waylay me ? Witness : No, I did not. By the Court : Prisoner? were not ill-treated in my house. Mrs Smith and Barlow were drunk when they came to my house. Sn.ith was not, and wao quite quiet till Barlow came in with liis wife. William Milward, son of tho last witness, cavtSaiToboralive testimony. Elizabeth Hook said Smith, the male prisoner, wasi^bar ■„ lien he c.ime into the house about finir o'clock. Prosecutor: Did I say I went for M'Carlhy ? Witness : Yes. The Bench : Who isM'Carthy ? Witness : God knows ; I don't know the man. Female Smith : Was I drunk ? Witness : You drunk? No fear. In defence, Smith said lie had been some time in the house, and had got too much to drink, and when his wife came in with Barlow he struck at him. Milward tried to separate them, and they struggled. After a while, they left the house, and when they hud gone a little distance they met a v niau named M'Carthy, with some others, who set on them, and they ran into Chaplin's for safety. Female Smith corroborated the statement of mole Smith. The Bench dismissed the female prisoner, and fined the other two 20s, or, in default, committed them for seven days. THE SAME PABTY— INTBODUCTIOX OF A FRIEND. Edward Smith was charged with assaulting Charles M'Carthy. Prosecutor deposed that on Tuesday Mil•srara colled on him for assistance, and he »nd two others went with him to the hotel, when prisoner ran out as they approached, and went into the swamp and lay down. Witness followed him, when prisoner drew a. knife and tried to stick him, "jobbing" at •witness with the knife, and cutting him in Beveral places. Prisoner then got up and knocked witness down. Prisoner : Didn't you strike me first? Witness : No. By the Bench : I was quite sober. It was about an hour after dark. I was lying down in my bunk when Milward camo. I don't know prisoner, and never spoke to him before. Prisoner said that on his way home he had been set on by three men and kicked and beaten about. The Bench, while disapproving of the use of the knife, said it was evident that if M'Carthy and his mates left Smith and his wife alone, they would have gone quietly home. The charge was dismissed.