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MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 2482, 4 August 1890
Before His Worship the Mayor, Mr Alfred Harrison, J.P., and Mr Robert Alcorn, J.P.) .TUVKNILE PILFERERS.
John Heasley, William Heasley, and Gordon Stoddart, three small boys were accused of having taken a whip from a buggy at Willowby on Sunday week. The whip was the property of John Osborne. The case was brought with the object of putting a stop to the larrikinism frequently indulged in by juveniles during Church service, the vehicles of parties attending Church having been now and again interfered with. No punishment was pressed for, and the lads i were dismissed with a lecture from the Mayor. DRUNKENNESS. A first offender was fined 5s. —.lames Smith, an inmate of the Old Men's Home, was ordered to be deprived of his leave from the Home for a month. A RAILWAY STATION SCENE. Mary Ann Brown, a middle aged woman, was charged with having been drunk at the Railway Station on Saturday afternoon, with using obscene language, and with resisting the police. She was also charged with having attempted to get into a train when in motion. She pleaded not guilty. The Mayor, who had left the Bench to give evidence, mud he saw the accused at the railway station on Saturday. She was slightly under the influence of drink. When the 3.40 train was moving away the womaa caught hold of the upright of the carriage, and put her foot up on the step. As she did it the wrong way, she fell with her legs between the platform and the carriage. Witness
and a man named BaHaneo rushed to her aid, and got her out before she suffered any injury. The constable took charge of her, and she was very violent and used bad language to aU around. The constable had great difficulty in getting her into a cab. James Sterenson, stationmaster, gave corroborative evidence. Constable McGill described the scene at the? station, stating that the woman had put her foot between the two carriages and fell between them ; but for the help promptly given her by the Mayor and another man the woman would have been killed. Witness had great difficulty with the woman, who was intoxicated, and used very obscene language. Constable Smart said the woman was brought to the station at a quarter past four. She was under the influence of liquor. Accused asked liberty to give evidence in her own defence. She said her boots were ironshod, and she slipped upon the iron of the platform. She had never heard the language attributed to her before, so that she could not have used it. Constable McGill gave evidence as to the accused having been sentenced in Christchurch two years ago for drunkenness. Accused was sentenced to pay a fine of 40s or go to gaol for fourteen days, and on the other charges she was sent to gaol for seven days without the option of a fine.
ALLBGKIJ ASSAULT. William Sutherland, farmer, Ashburton Forks, was accused of having on the 28th July, at his farm in Ashburton Forks, assaulted Joseph Doherfcy with an iron rod and with a heavy stick. Mr Purnell appeared for the informant Doherfcy, and Mr Cuthberfcson for Sutherland. Joseph Doherfcy, said he was a son of of William Doherfcy, Ashburton Forks. Last Monday, his father sent him to Sutherland's farm for straw. He went there with a dray and team, taking also a boy with him, When he arrived at the farm, and had got inside the gate, he met Sutherland, who asked him what he had come for. Told him he came for straw, and Sutherland said he would get no straw there. Sutherland then seized the reins, and ordered him off the ground. Sutherland said something about "arrangements," but witness said he knew nothing about the arrangements. Sutherland said it was a nice thing to send a young man like witness; if his father had come he would have fought him. After some further words between the parties, Sutherland said "come out and have it now," and seized a crooked piece of iron, and swung it round, hitting complainant a blow on the back ?of the iiead. After being hit, witness got hold of Sutherland and throw him into a sjor.se fence holding him there for a time, During the time Sutherland was down he made several attempts to collar witness by the throat. Failing in this he called for Mia Sutherland, who came and helped him. Fancying that his wife would take him away he allowed Sutherland to get up. On reremarking to Mrs Sutherland that her husband might have killed him with the iron, she replied, " Serve you right, for getting up a.row with an old man." Sutherland then attacked him with the heavy ragged stick (produced), hitting him on the face, head, shoulders and arms. Bled very freely from the wounds inflicted, and was much disabled. Sutherland then .squared up and said ho would now tight him fair. Left after this and told his father about how he had been treated. By Mr Cufchbertson,; His father had bought all the straw a,t Sutherland's sale. Could 3iot say how long it was since they had ceased carting straw from the farm. When Sutherland was jagging his horses' mouths, witness took off his jacket, but did not brandish his fists. The iron rod was picked up just by the ash heap, near the house, the cart being about twenty yards from the house in the lane. After the blow with the rod, pitched Sutherland into the fence. 4 and neither threatened to t-nlco the pitchfork to him nor ;ittei>ipte<t to get the pitchfork from the dray. Sergent Felfcon said the compkinenfc CHinu to th« police station with his father n Tuesday. When he came in htf-veejeit, and witness thought ho was drunk. Found however that he was not .so, and that ho Mas Kufl'ering from weakness, and bleeding firm one of his ears, Advised him to go to a doctorCliarlos Walter Pluck, a lad of seventeen, said he went with young Doherty tf Sutherland's for straw. Sutherland said Doherty would have no straw, and ordered,
him to clear out,. He seized the horses' reins and began roughly pulling them round. Doherty told him to leave them alone, or he would make him. Sutherland pushed the gate of the paddock on the horses. He then went to the door of the house and pulled off his coat. Doherty followed him a little way, and then Sutherland came and picked up tho iron rod (produced) and struck Doherty on the head, which bled agooddeal, as also his ear. After he was struck Doherty said he would I go for the fork, and Sutherland said he would'nt. Doherty then threw Sutherland down in the gorse fence, and held him there. When Mrs Sutherland came Doherty let him up, and Sutherland attacked him with a stick, very like the one produced. .Sutherland carried the stick with him up to the gate, when Doherty was going away. Doherty's face was much swollen. Mr Cuthbertson in cross-examination elicited from this witness that Doherty had made for the dray to get the pitchfork for a weapon, but was stopped by Sutherland. Dr Leahy gave evidence as to the character of Joseph Doherty's wounds, none of which were serious. The cut, on the ear could easily have been made by the iron rod in Court. For the defence, Mr Cuthbertson called Robert McOwen, Manager of the Bank of New Zealand, Ashburton. He said Sutherland was left in charge of the farm by the Bank. It was mutually agreed between witness and the buyers that Sutherland was not to be hurried away, but was to take a reasonable time to remove. He was meanwhile to look after the place for landlord and tenant. If he had allowed any straw to leave the place witness would have considered that he was not doing his duty. William Sutherland, the defendant, said that at the sale on June 23, Doherty bought five stacks of straw, on condition that tha straw was to be removed within fouraeen days. The time was up on Monday, and Doherty was allowed till the Monday. On the Monday following this Wednesday young Doherty came to his place for more straw. Told him the time was up, and no straw was there belonging to him now. The leading horse of Donerty's team was inside the paddock, but the ahafter and dray were outside the gate, and after Sutherland had refused to admit him Doherty began to abuse witness, and took off his coat and squared up with his fists. Witness took off his coat, and Doherty came at him. Witness certainly hit Doherty with the iron, but did not use the stick or any stick. After the one blow with the iron, all the others were given with witness' fists. Mrs Sutherland corroborated her hus- ! band's evidence. Did not see her husband hit Doheriy with the iron rod, but saw her husband pick it up. There was certainly no stick used in the row. Their Worships called Win, Dohorty, who said he bought straw at the sale on the 23rd, getting a fortnight to cart it away in. The fortnight expired before the straw was carted, and he went to see Mr McOwen,who said the straw was not then to be taken away. Saw Mr Buckley, the rightful owner of the farm, who gave him full liberty to take all the straw he wanted. This was, however, after the row. At the time the son went to the farm, witness believed Sutherland had gone away altogether. The Bench said the case would be dismissed. There was no excuse for using the iron rod as a weapon, neither was there any excuse for Doherty not going away when asked to ,go. Sutherland was only doing his duty in protecting the property he was in charge of. Each party would have to pay his own costs.
MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 2482, 4 August 1890
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