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MAGISTERIAL, Ashburton Guardian, Volume VII, Issue 1997, 26 November 1888
ASHBURTON— MONDAY. (Before Mr H. Friedlander J.P., and MrD. Williamson J.P.) TRESPASSING ON A KEBERVK.' W. Dalgetty was charged with having allowed nine horses to trespass on a County Counoil reserve nenr Dromore, without having fight, title, or license to depasture thereon. — Mr Crisp for defer). dant. — The evidence m this case bad beet taken on the previous Monday, when the Justicud reserved tbeir ducieiou on a point raised by Mr Crlep as to whether the authority was good whioh waa given by the Chairman of the Oonnty Counoil to the police enabling them to prooeed against the defendant, seeing that It had not the corporate seal of the Council attached. — On the case being called, Sergeant Felton said that he had to admit that the point raised by Mr Crisp was fatal, and under these olroumstanoes he would aßk leave to withdraw the information. — Permission to withdraw the owe was given. VAOBANOY. Frank G ribbon was charged with beiog a rogue and vagabond, having previously been oonvloted of vagr*noy, and he woe farther charged with drunkenness. — Tho evidence of Constable Sullivan was to the effect that at one o'clock on Sunday morning he found tlia aocusei, who was very drank, rolled up m some bagi, m the poroh of the Courthouse There was a long list of oonviotlons against the accused. — On the charge of drunkenness accused was fined 20s and costs, Id default three days' imprlsanmeit. On the other charge accused was orderrd to be imprisoned for three months with hard labor. ALLEGED THREATENING L4NODAGB. C Physio, whs charged on the information of E. W. Clarka with having used threatening language towards the informant, wherefore application was made to have defendant bound over to keep the peace. — Mr Cuthbertson for complainant, Mr Parnell for defendant— E W. Clarke stated that on November 19 Physio came to Russell's shop where witness was and made use of violent and very dlsgastlrg language towards him. He also dn w from under his coat "a blade 12 or 14 inches long, wh'ch might have been a knife, a bayonet, or a bit of «n old sword " Defendant was ordered away by air Raosell. Physio cams on two occasions, the offence complained of being committed abonc five o'olock, — la cross-examination by Mr Parnell the witness said that Mrs Physio frequently came to the shop an a ODsooier. Witness had never sect her presents and he had not eeot her a letter by the h»ndj of a man named Foreman; Witness believed that Physic's behaviour was doe to his believing there wee undue intimacy between witness and Mrs Physic. Witness denied any undue intiraaey ; he only knew Mrs Physio us a customer m the shop.— J. Russell gave evidence of a oorrobative nature. Physio came to his ■hop twioi and on one of the ocoisloni threatened Clarke, and showed a blade, whioh witness believed to have been a part of a bayonet. Physio made use of very disgusting language, witness told him to put it away and ordered him away from the place. Mrs Physio sometimes camel to witness's plaoa as a customer, bat she J did not stay there longer than was neoea. I sary to be supplied with goods. Had never complained of Mrs Physio remaining there two or three hours — In reply to Mr Purnell the witness denied havin" offered Physio £10 to give evidence for him m a case which wag pending m the Supreme Court between witness and his iatber m law — This was the oaoe for the oompltlnant. Mr Purnell m opening for the defence stated that he would show the oharges that htd been bronpht against his client had no foundation, and ho would show furthermore that it would suit Clark and Russell If Phyelo wore sent to gaol. He aald that It was notoroius that an intrigue was being carried on betwesn Clark and Phyalck's wife, and if enly Phyeio were locked np there would be no hindrance to the pair going to America, where it bad been openly stated they Intended to go. It would aho be to the advantage of Russell If Physio were imprisoned. Russell had a case ponding m the Supreme Court, and evidence woald te led to show that he had offered Physio £10 to give certain evldenoe. Physio however bad been sabfoe iaed for the otuer side and on his telling Russell this, the latter said be wonld stop him going there. Mr Parnell having addressed the Court at scmelength on the case called the following evidence : Obas. Physio detailed his movements on the Monday afternoon m question to show that he had not been to Russell's twice. He saw him after the express train was m. Did not see Clark; Would have seen him if he had been m. Had a conversation with Russell, about witness's wife. Never made any threats about Clark. Had no weapon. WitneHs was sure Clark was carrying on an intrigue with his wife from what she, he«elf, had Bald, and from what others had laid. Had reason to believe that Clark bad written to her lately by a man named Foreman, and be bad also given her numerous presents Witness was going to be a witness for Millet, RuMelPa fatber-in-luw m a case pending at Tlraaru, Told Russoll this and he said, wth aa oath, that he wonld prfc witness out of it. Rusiellon a previous ocoislou bad offared witness £10 to swear that he heard Millet say something about his share of some money. Witness h«d no Intention to injure Olurk. "If the woman thinks more of him than me let her go whh him. He has left » wife In Melbourne already."— By Mr Outhbertson : Witness would swear that be had not been twice to Russell's shop on the day m question, and In had never made threats about him —Sarah Randall, wife of A. Randall, said that her husband hod a shop next to RnsjeH'o. Bhe remembered Physio coming to Russell and asking If be had seen his (Physio's wife) Russell answered somewhat rudely, and Physic asked him why he did not keep a respectable store. RueselJ, with some oaths, told Physio to get out, and added that be would " pat him away to-morrow*" Physio then went away. Physio said nothing about Clark. He had no weapon m hi- band ; If he had witness would have Been it. — By Mr Cuthbertson : This occurred about twenty minutes to six. Witness was not In the •hop previous to fiva o'olook, so If Physio had been round before that hour she would not have seen him.— Edward Jones was In Physio's company on the Monday afternoon. Met him about three at Tinwald. Came to Ashburton with him, left him at the refreshment rooms and met him about a quarter of an hour later at the Royal where ha remained some time.— This was the case for tbo defence,— Mr Cutbbertson said there was another oase Physic v Pbyslo, and perhaps it would assist tho Bsnch to hold over tbo deoiaion In this case till the other was heard. — Mr Parnell objectod, and the Benoh Bald they would deal with the present oase on its merits. — The Bench said that everyone m Court most have been pained and shocked at the details which oame oat In the case, the more so as a married woman was brought In. The evldenoe was undoubtedly m favor of tho defendant and the case would be dismissed with c»sta against the iuformant. The evldenoe of Mrs Randall wa« olear and diatinot. Clark said he waa present on the occasion of Physio's alleged ■eoond visit, whereas Mrs Randall clearly showed he was not. The oaso wonld be dismissed, prosecutor to pay coats. ASSAULT. Norah Physio charged Chas, Physic, her husband, with haying assaulted her. Mr Crisp for complainant, Mr Puinell for d«feßd«t.~M.rß Phytio otid that by
mutual agre jment she was living apaH from her husband. In accordance with the arrangement made she took a house, but defendant was always mo'eating hor. On November 20 he charged her with having been m Russell's shop. He teoh up a tomahawk and said he would murdei her. He struck at her with the tomahawk, but she drew back and snatched ii from him, and getting inßide bolted the door. He had on several occasions threatened to shoot her, and she was m fear of him. There was no truth m the accuaationu made againat her of undue intunacy with any man. —Chas, Physio, tho defendant, eaid that on Friday he went to his wife's place to 863 if she would do up a shirt and some collars for him and he would pay her for them. She picked up a tomahawk and struck him ; ue took it from her and threw it under the bed. Upon this eho ran for the kettle and threatened to scald witness who then went away. —The Benoh said the evidenoo was very unsatisfactory. As the parties were living apart, defendant had no right to go to hli wild's plaoe and be would bo bound over to keep the peace for twelve months m his own reoognisanse of £20. No solicitor's oosts wonld be allowed but defendant would be ordered to pay the costs of the Court, The Benoh advised Physio to keep away from hia wife's plaoe, as the pair did not ap.iear to agree. The Court then rose ■
MAGISTERIAL, Ashburton Guardian, Volume VII, Issue 1997, 26 November 1888
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