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RESIDENT MAGISTRATES’ COURT., Ashburton Guardian, Volume 1, Issue 159, 30 September 1880
RESIDENT MAGISTRATES’ COURT.
Tuesday, September 28.' (Before Mr. F. Guinness, R.M.) “skylarking.” John Grantham and Frederick Worner were charged with creating a breach of the peace. Accused admitted ' skylarking, but denied any intention of creating a disturbance. Constable Smart stated that he saw the accused fighting near Quill’s Hotel, and there was blood on each of them. His Worship said he happened to see the affair and thought there was nothing more than a scuffle, and would inflict a fine of only ss. DRUNK AND DISORDERLY. Robert John Maxwell, charged with being drunk and disorderly, admitted the charge, and was fined ss. and costs. Thomas Franks, for a like offence, pled guilty, and -was mulct in a similar amount. John O’Brian for being drunk and disorderly, craved the leniency of the Bench, as yesterday being a general holiday, ' and waiting on the gentlemen at the banquet, he had forgotten himself. If his Worship would exercise clemency this time, O’Brian said it would be the last ..time he would appear before the Court. His Worship remarked that accused had made a similar promise on a previous occasion. There were several previous convictions recorded against him. O’Brian again refreshed his Worship’s memory that yesterday was a general holiday, evidently being of opinion that on such occasions unlimited license was allowed to the public to get intoxicated. Mr. Guinness, however, was lenient, and O’Brian was let off with the usual fine of 55., at which unexpected result of his spree, he appeared devoutly thankful. malicious damage—“ the battle of the STONES.” James Cavanagh was charged with wilfully damaging the property of William Sycamore. Mr. Branson for complainant, Mr. Crisp for accused. Emma Sycamore stated she was the daughter of the complainant. On the 21st of the month she saw Cavanagh throwing stories at her father. One stone went through a large pane of glass in the window. The stone hit witness on the back of the hand. By Mr. Crisp—The affair occurred on Tuesday evening, the 21st inst. Had just gone inside the shop. Mr. Cavanagh was just outside the shop, on the road. There were two or three persons outside the house—Mrs. Cavanagh, Mrs. Harris, and my brother Wallace. My father had gone out to the back. Mr. Cavanagh was throwing stones. The rest were looking on. Don’t know whether any others were throwing stones besides the accused. Cavanagh was about two yards from the window. He threw straight at it, and also at my father. Accused threw the stone through the window purposely. The affair took place at 7 p.m. on Tuesday Week. Re-examined by Mr. Branson—lt was on this day week. Wallace Sycamore corroborated the evidence of last witness* 1
By Mr. Crisp—The affair occurred at about four o’clock in the afternoon. My mother, sister, and father were standing about. Mrs. Cavanagh and Mrs. Harris were looking on. .' ; The latter 'parties were throwing stones ; mjti* father also. My father was throwing ’Cavanagh, and Cavanagh was throwing i ; at my father. While accused stones my father ran behind th 6 housp. 'v William Sycamore, the complainant, stated he was a farmer at Winslow. Knew the accused. On the 21st of this month accused was in the public house, and Mrs. Harris brought him out to fight me. There were some words between Mrs. Harris and Cavanagh, and the latter commenced to throw stones. I ran ’to the back of the house, and when I got there, heard a stone came through the shop window." Don’t know who threw the stonel The cost of repairing the window would be over LI.
By Mr. Crisp—Mrs. Harris was on the spot. Had no conversation with her. She challenged me to fight, and I gave her a push, and down she went. Cavanagh was there but would not fight. I was ready, had be been so. Did not commence throwing stones. When I got to the back of the house, I tried to drive them away with stones, as they had struck my wife with stones. They were all mad drunk. There were a lot of people standing about. This concluded the case for the prosecution, and for the defence Mr. Crisp called, Mary Ann Harris, who remembered the squabble. Mr. Sycamore was trying to kill witness, and Cavanagh came to her defence. Witness : ran into accused’s house. Sycamore and his son were throwing stones at witness and Cavanagh. Did not see the window broken. After Sycamore had knocked witness down on the stones, he ran to the back of the house.
Cross-examined by Mr. Branson—Witness said she wq-s-sober, Never was inside the Hotel door. Cavanagh was sober. Could see whether Cavanagh threw atones, but did not see him throw any. iAfter knocking her down Sycamore ‘ ran after Cavanagh. Witness did ; not throw stones, unless it were while she was insensible.: Didn’t- know whether she threw stones. Wouldn’t contradict anyone if they said she did. Sycamore knocked her down with a stone, and she was rendered insensible for a second or two. Am sensible now, but very weak. Didn’t think she was sensible when she got up, being so confused. Before she was hit oh the head, Cavanagh did not throw stones, but he might have done so afterwards. Was completely dazed and nearly murdered. Counsel addressed the Bench, and after his Worship had characterised the affair as a most disgraceful one, he fined accused - in, the nominal penalty- pf ss. damages, 15s. arid costs 16s. ; professional fee, LI Is. In a case of Sycamore v. Cavanagh, for assault, Mr. Crisp, for accused, pled guilty, and a fine of is. was inflicted. ; William Sycamore was charged with unlawfully assaulting Mary Ann Harris. Mr. Crisp- for the 1 complainant. |Mr, Branson for accused, pleaded not guilty. Mary Ann Harris, sworn, said—l am the wife of Alfred Harris. Remember the 21st inst. On that occasion Sycamore and Cavanagh were in Mr. Harris’ paddock, shaping at one another for a fight. I was on the public road, about eight or ten yards away. Mr. Cavanagh was afraid to fight, and then Sycamore came through the fence and struck me with a stone, which he held in his hand. At the same time he struck me.nine or ten times, till I fell in the middle of the road. My head bled till I fainted away. Came to Ashburton the same evening, and went to Dr. E-oss to get attention. By Mr. Branson—The two men were in a paddock, fencing for a fight. Previous to this Cavanagh was standing under the hotel verandah, and I asked him to come and protect his children and Mr, Rogers’ children, as Sycamore was running after them with a knife. Cavanagh then went out to meet Sycamore. I did not offer to fight Sycamore. I put the children in doors, and had to go back to Rogers’ house to attend to a child. Out of curiosity, I stood looking on. Cavanagh would not fight. He was perfectly sober, and so was I. I had blows on the forehead, but it was the blow on the back of the head that rendered me insensible. 1 had been to Ashburton that day, and returned in a train with Mrs. Cavanagh and Mrs. Sycamore. I never spoke to Mrs. Sycamore. Mr, Martin was in the train. Do not remember Mr. Martin, on getting out of the train at Winslow, characterise my conduct as disgraceful. Sycamore has threatened to kill me before. Have never
spoken to Mrs. Sycamore. There has been an old-standing quarrel between my husband and Mrs. Sycamore. Mrs. Cavanagh was not present during the assault. Ho one was present but myself, Cavanagh, and Sycamore. James Cavanagh stated he was a black* smith, living at Winslow., On Tuesday evening * last, Sycamore Wanted me to fight in Harris’ paddock. Shortly afterwards Sycamore struck Mrs. Harris with a stone, which cut her on the side of her head. Only saw her hit once. I ran out to protect her, when he took up a stone and hit me. I was sober.
By Mr. Branson—l went into the paddock, because Sycamore called me to fight. I had previously seen Mrs. Harris and Sycamore having a squabble near the latter’s house. She told to go and protect my children, as accused was threatening them. I was perfectly sober. Did not see the squabble previously mentioned. Wha't I said about it was incorrect; I only heard there was a squabble from Mrs. Harris. Cannot say how much beer I that day. Am not sure whether I had any drink at Winslow. Sure I was sober. When Mrs, Harris was struck with the stone I was in close proximity. The blood ran down Mrs. Harris’ neck, and she then walked into my house. Accused knocked the woman down, but I cannot say whether it was before or after the blow was struck. The woman did not fall of her own free will. She did not fall with the blow, but I think it was from a push by accused. Mrs. Harris had no sign of being drunk.‘William Sycamore remembered seeing Mrs Harris on the evening of the 21st in Mrs Rogers’ house. On her coming out, he told her if her children did not let his little ones alone he would give them a good shaking. She afterwards went to get Cavanagh to fight him, but when the latter came out witness refused to fight him, unless he came away from the women. Cavanagh refused to fight, and Mrs Harris then said “ If he will not fight you, I will.” Witness gave her a gentle push and knocked her down. She then put herself in a graceful (?) attitude (which witness : described), and said “ that’s just what I wanted you to do.” I had no stone in my hand. My Mr. Crisp—l put my foot out, and gave her a shove. I do not know whether she struck me, but I had a black eye the next day. I was sober, and have not drank anything for the last seven years. By Mr.' Branson—lt was when Mrs. Harris came to fight that I tripped her over, and gave her a slight kick as she was going down. Emma Sycamore remembered seeing Mrs. Harris coming up to her father, sparring in his face, and exclaiming, “ Fight a woman, Sycamore.” By Mr. Crisp—Saw my father strike and kick Mrs Harris. She was standing beside him at the timei Mrs. Harris remained on the ground about a minute; Counsel having addressed the Bench, his Worship, in summing up, said the affair arose out of a continuous quarrel. He did not think that the accused was justified in kicking the woman, and Would inflict a
penalty of 10s. The whole of the parties, including Cavanagh, would be bound over to keep the peace, and to find sureties in the amount of LSO for their good behaviour for six months. CIVIL CASES. Quinn v. Stalker.—Claim LIOO, for alleged damage to plaintiff’s land through the cutting of a trench by defendant. Mr. O’Reilly for plaintiff, Mr. Wilding, instructed by Mr. Ireland, for defendant. The evidence of plaintiff was to the effect that he had leased section 9 and section 5 of a piece of land at Tinwald from Mr Johnston. Latterly defendant had leased section 10 of the same block. Plaintiff asserted that in conversations with Stalker the latter had admitted cutting a trench 70ft. long, 18in. to 24in. wide, and 6in. to Sin. deep through section 9, thereby depriving section 5 of water, while section 10, Stalker’s own block, was supplied. The evidence of defendant was tantamount to an all round denial of any responsibility in the matter, having come into posession of No. 10 after the trench had been cut at the instance of the landlord. Plaintiff was non-suited with costs. The evidence in the case was very contradictory, and it said a case of perjury may probably come to be heard out of it. Hawkins v. Stalker.—Claim 17s. 6d.— balance of account. For the plaintiff, Mr. Branson ; for_defendant, Mr. Ireland. Judgment for plaintiff with costs. Williamsom v. Boker. Claim Ll 3. Mr. Branson for plaintiff. Judgment for plaintiff with costs ; and immediate execution granted. i
RESIDENT MAGISTRATES’ COURT., Ashburton Guardian, Volume 1, Issue 159, 30 September 1880
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