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MAGISTERIAL.

ASH BURTON— MONDAY. [ (Beforo Messrs D. Thorass and T, * Bullock, J.P'b.) ATiLEORD OBSTRUCTION. Lsonard Prioo waa charged with having obatruoled Oonstablo Fitzgerald m the exeoution of his duty on Dacombor 24, 1887. — Mr Outhbottson appeared for the aocußod. — The case had been p&rtly heard last week but had been adjourned till the present date for the production of additional evidence. — Constable Fitzgerald said that on the night of December 2d, there was a disturbance m the yard of the Commercial Hotel, two men being righting there. Witness waa arresting the men when aooused oaught him by the nook and threw him down.— H. Oookeon saw the fight and flaw aooused seize Fitzgerald and throw him down.— At this Btage the Court adjourned till half-past four o'clock m the afternoon for the pfoduotion of evidenoe for the defence. — Oa resuming Mr Cuthertson Baid that the witness Oookson had statod m his evidenoe that there was a moon on the night m question. Ho had reforred to the almanas a r d found that there waa no moon. — H. Oookson raca'led by the Bench Baid that to the best of his belief there was a moon on the night the disturbance ooourred— ajggy rate the night was pretty bright.— M^Btbbertson called the following evidence!— Humphrey White 1 Baw the disturbance and was there all Jhe time. The night was dull. Did not see Fitzgerald interfered with. Witnesa would havo seen any 'interference with him if there was any.— By the Polioe : Witnesß had been blnmed for interfering with the polioe himaelf, and had been fined £20. — By Mr Guthbertson : Witness was not guilty of the offence for whioh he had been fined ; it was a oaso of mistaken identity.— By the Bench : Saw the man arrested for fighting get away from Fitzgerald, by his own exertions. Aoouaed nod intei.'crjng.— Edward Prioe, brother of the accused, remembered the row m whioh he was oonoerned. Did not see his brother or Fiizgorald.— Mr Outhbert. son said that ho had further evidenoe, and if the Benoh desired to hear this ho would apply for a romand.^The Bonoh said that thoy did feel not inolined to grant any more remands.— Mr Outhbertson said that after a lapse of eighteon months a remand had been granted to the polioe, and ho submitted that he was entitled to one if he bo desired, However he did not think it necessary, as the proseoution had not proved their oaßo.— The Bonoh oooßidored that the oase had been proved, and the charge was a serious ono. However the polioe had given the aoouaed a good character, and there appeared to be extenuating circumstances . Accused would be fined £3, inoluding oosts, with the alternative of a month's imprisonment.

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MAGISTERIAL. Ashburton Guardian, Volume VII, Issue 2192, 6 August 1889

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