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RESIDENT MAGISTRATES’ COURT., Ashburton Guardian, Volume III, Issue 525, 4 January 1882
RESIDENT MAGISTRATES’ COURT.
....... ASHBURTON— To-Day. (Before Joseph Beswick, Esq., R.M.) Drunkenness. R. Duncan was charged with this offence, and did not appear in answer to his name. The case was adjourned.—J. Welsh, John Killan, and Arthur Piercey were each fined 20s, or 48 hours. • . Ashattt.t, —Patrick O’Shannasy and JohnV ; Kellar, of Waterton, were charged with .assaulting one Richard Chudley.— Mr Crisp appeared for the complainant, and Mr Purnell for the defendants. Richard Chudley, sworn, said : I am a gardener at Mr Grigg’s, Longbeach. On the 26th December last I was at the Waterton Hotel, kent by Mr O’Shannasy. I arrived at the hotel about a quarter to 7 in the evening. There were two persons in the hotel at the time. The name of one of them was Elston. I sat in the hotel for about a quarter of an hour, when tliedice were introduced and drinks were thrown for. Mr O’Shannasy said to Kellar, “Take this man (meaning witness) up to bed.’- In going up stairs Kellar said he would help me up. As soon as I got up to the top of the stairs, J said to Kellar, “ Will you give me up ijhp fow shillings that you took out of my waistcoat pocket ?” I said this because Kellar had.put his arm round my waist and had put his hand into my pockets. He said to O’Shaanasy, who was at the bottom of the stairs, “This old sod has accused me of robbing him. ” When I got to the foot of the stairs, O’Shannasy took hold of me and threw me on to the verandah. I was not sober at the time. 6'Shannasy struck me when I was thrown : out at the back of the right ear. In the scuffle, that ensued I broke a window.
O’Shannasy then knelt on me, and both my hands together at my 'back. Kellar helped him. They left me inthis position for ten or fifteen minutes. ‘‘Both came out £;gain to where I was 3ying in the middle of the road, and -took hold of me s.nd said, “ Let us drag the old b — round to the cart. ” O’Shan-
nasy said this. There was another present, whom witness supposed to berMrs O’Shannasy. O’Shannasy hit me "repeatedly in the ‘heye.” They then dragged me to the backyard of the hotel ’■from the front road, about twenty yards, and tied me to a cart. O’Shannasy said, “ T.aaVi the old b— up.” I was lashed to the spokes of the cart whilst lying on my .back. •It was about 12 o’clock. I was left in that position until daylight. My htuads were still lashed behind me. There iras no possibility to loosen myself. I kept oooeying all night and shouting '"Murder,” but none came except a woman named Edge. She said to me “ What on earth are you doing here. You have kept us awake all night. ” About half an hour afterwards they came out of the hotel, and Mrs O’Shannasy said they thought they would let me go in order to be in timii for my work. My hands were swollen, sind Kellar and O’Shannasy helped jne up. jiome brandy was given me, and. I was toM to wash my face, which was covered i ith blood from the blows which O'Shann; sy had given me. I understood all that v is going on. I was in an "inebriated” stite, and I can swear that all I . have, said is perfectly true- My arm has .been twit ted, and I have not been able to 'gO to wc rk since. I have been under medical reatment since for the injuries received m that night. After getting up from the cart to which I was lashed I was told that I had broken a window, and I .agreed to pay for it. I told O’Shannasy Jtbat Ihal no money. O’Shannasy said "You’ve got a watch, I will advance you "ten shill ngs.”—By Mr Purnell: I was refused a drink at Quill’s Hotel last evening. Itild a person at Mr Grigg’s that I had got the sack for drunkenness. I had a quantity of beer and spirits that night at the Wilterton Hotel. Mrs O’Shannasy made sobie tea for me in the kitchen, and I was treated with the greatest civility.
I'lost 5s or 8s as I was going up stairs /with Kellar. I did not state that I lost 2s only. 1 never mentioned the I did not jiear a trap going by, nor did I leave th|i hotel and call a trap that was jjasaing lifter I was taken down stairs. Previously to being taken to bed I called for a tra|>. I never found the door locked on my return, and I never broke the window there. X was very violent at the timfe When I was strapped to the cart I had nothing under me. An old rug was thrown over me. The night was a mild * One. I offered Mrs Edge a flask of brandr if she'would say nothing about it. I did .40 because I was in fear of losing my situation. I never left my watch as ' security for the repair of the windo w. Mr G’Shannasy was not in bed at the time the assault took place. I laid the information on the 28th.—By the Bench; I did not get any drink elsewhere on that night but O’Shannasy’s.—Martha Edge : I am the wife Of William Edge, a laborer at Waterton. We live close to the hotel at Waterton. I remember last Tuesday week. I heard a man making a noise about one or two o’clock that morning. He was calling out and cooeing. I went out about four o’clock to the back of the hotel, where I
' heard the man shouting. I then saw that the. man was tied to a cart in the yard. I went up to the back window and woke up Mr O’Sh annasy, and both he and his wife came out a short time afterwards and took the man into the hotel. I cannot swear to the man, because! did not see his face. He told me that he was a gardener at Mr Grigg’s. The same day the man offered me a small flask of brandy, and asked me not to tell anyone about him being found in the yard and drinking at the hotel. He never said anything about the treatment he had received. —■ •.. William Whinray said: I am a ploughman living at Waterton. I was passing the Waterton Hotel about eleven o’clock that night. 'l‘saw Eellar and Chudley, and Mr and Mrs O’Shannasy outside the hotel., on .. the verandah. They were “ barneying" about a window. Ohudley said that if they would give him back his '‘money he would pay for the window, ;iTbeire were two other persons present.
Chudley was lying s on the ground, and Kellar and O’Rhannaaay were standing dyer him. Chudley said he would give ih. 1 O’Shannasy told Kellar to go and get two saddle straps. I was about two chains off at, the time. Saw ICellar go into the did hot see him return.—John
Mr Purnell here asked his Worship whether he intended to deal with the case as an indictable offence? —His Worship said that as the case was a serious one, he would send it for trial.—Mr Purnell reserved his defence—The accused were then commit ed for trial at the next session of the Supreme Court, Christchurch. Bail was allowed to O’Shannasy in LIOO and two sureties of LIOO each, and Kellar in LSO and two sureties of LSO each. Malicious Injury. —Midstrom v. East wick.—This was the case of dog phooting in which the plaintiff bimpelf laid an information for larceny. Mr O’Reilly applied at the last sitting of the Court to have that information withdrawn, and laid an information undersection 41 of the Malicious Injury to Property Act. The case was, on the application of Mr Purnell, further adjourned. Illegal Rescue op Cattle.—W. Bartlett was charged with illegally rescuing some cattle which were being driven to the Ashburton pound.—Mr Crisp appeared for the plaintiff, Mr Purnell for defendant.—Newton Price deposed to having driven six head of cattle from the Ashburton Island to the pound. The cattle belonged to Mr Bartlett. He was prevented from taking the cattle by Bartlett’s son. W. McTeague was present at the time. Did not know anything about the boundaries of the land.—Patrick McTeague said he had some land in the river bed. Had seen cattle running on part of his land on Dec. 23. Did not know to whom the cattle belonged. Sent his son down to the poundkeeper. Saw the cattle on the ground before they were seized.—By Mr Purnell: The land was unfenced.—His Worship said the case was a paltry ono, and would dismiss it without costs.
CIVIL CASES. Johnston v. Ruddich —Claim, L 7 6s 4d.—Mr Crisp for plaintiff.—Judgment for full amount and costs. Parkin v. Ruddich—Claim Ll2 15s.— Judgment for amount claimed and costs. Sycamore v. M. Fagan.—Claim, L 7 17s fid. No appearance of defendant. Judgment for amount claimed and costs.
Dudson v. W. Brown.—Claim, LI Bs. No appearance of defendant. Judgment by default. Same v. W. Munroe.—Withdrawn. Wallace v. Macreadie. —Adjourned for a fortnight. Meech v. Warne.—Claim, L 8 11s lOd. This was a disputed account for furniture delivered to defendant’s wife. The defendant said that the goods were in his possession, but he declined to pay for the goods, as the plaintiff had delivered them to the order of a Mrs .Lucas, and had rendered her an account for same. His Worship said the plaintiff was clearly out of Court. He would-order the goods to be given up to Mrs Lucas unless they were paid for in due course. Cotton v. Clark.—Claim, L 3 14s. Mr O’Reilly for defendant. This was a disputed claim for board and lodging, which had been adjourned from last Court day in order that the plaintiff might supply further particulars. Judgment was given for defendant. Tisch v. Palfrey.—Claim, L 3 10s. No appca’-ance of defendant. Plaintiff admitted having received L2, leaving a balance of 20s. The case was adjourned on defendant’s counsel, Mr O’Reilly, agreeing to pay costs, in order that the plaintiff might appear. The Court then rose.
RESIDENT MAGISTRATES’ COURT., Ashburton Guardian, Volume III, Issue 525, 4 January 1882
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