MAGISTRATES' COURTS.

Press, Volume XXII, Issue 2646, 29 January 1874, Page 3

MAGISTRATES' COURTS.

CHRISTCHURCH. Wednesday, January 28. \ . (Before CI C.Bowen, Esq, R.M.) .-.i DRUNK AND DISORDERLY. , William Lambert, , for. this offence, was fined 20a or fecty-dght i-bours. Richard King, 20s; and Sarah .Jane Badcock 20s or forty-eight hours. ILLEGALLY ON PREMISES. Charles Fletcher arrested by Constable Dance for being found early that morning on the premises of Mr John Prestnall, Tuam street, was remanded until to-day for enquiries to be made. 5 ; DEUNK AND DISOBDEELY^ George Osbourne on remand for: this off epee was fined 20s, the arresting constable stating that he was drunk and wanted to fight a man in front of Tattersall's. BRUTAL ASSAULT. George Osbourne, remanded from previous day on this charge, which had been laid through the evidence that transpired in the case of drunkenness, James M'Gill and James Gatherer, were charged with having violently assaulted William Robson at Tattersall's Hotel. .. ■ :-..■/. Mr Wynn Williams appeared for Osbourne. ~ William Robson examined—l ama blacksmith, arid reside; at J present at the Zetland' Arms-Hotel. I haY_e_3 man.jworking with'! mc, whose name is Robert Gardener. I saw OsDOurßethe day before yesterday in a back room of the Zetland Arms, aud after we'had' a drink I went with him for a drive t(f Tat'tersalll'e. 1! In the barthefe 1 put a five pound, note down to pay for drinks, and Gatherer, for whom I was shouting and his friends, took the note up and -tore it in two. ,1 spoke to Mm about it, anfl he handed me'a note bufr of his pockety but I said it was of no use to mc, as it was a£l note. He then gave mc • a £5 note, atid. accused 5 mc of "keeping the £l'nbte. We had a bit of a scuffle, and Os-bourne-,ran in and wanted to, fight mc and , knocked mc down and kicked mc. I don'tremember anymore, as I was carried inside stupid. Osbourne came into'the bar and wanted mc to fight. -, He, rushed mc up and down the yard, struck mc severaltimes, and kicked mc. , I was then made stupid. All my clothes were torn, and I was carried inside. ' The bruises oil my face'were; done there, but I cannot say who kicked mc in the face. . .',

By Mr Wynn'Williams—l do not know that Osbourne kicked mc in the face. I did swear yesterday, that "he did do so, as I heard he had. I can recollect everything that .passed. J. will swdar that I did not knock Gatherer dWq. There was a bit of a scuffle between us. J. couldn't swear who kicked me.' ' ■''.''.. •""•':. '■ -■ •-•" By the prisoner MbGill —You did seem glad to see mc, and did. make peace between mc, Osbourne and Gatherer.

Robert Gardiner, —lam a blacksmith and work with Bbbson. I recollect going into Tattersall's, and Osbourne and Gatherer were there. Bobson and Gatherer had a few wprds about a £5 note, which Gatherer took up'from the counter and tore. He then gave Robson a£l note. I went to have the torn note pinned, and when I returned I saw Osbourne kicking Robson down with .his boot in the ribs. I then interfered and got served as .you now see mc, but I am not certain 1 who struck mc. When I interfered I got knocked down, but I don't know by whom. '■.'■ By Mt Wyhn did not take Oebourne's cart away and drive it about the town. I ; was driven to TaiitersaH's by Osbourne. I did not challenge Osbourne outside the Court yesterday and offer to fight him for £10. I will swear that I did not break hie cart, and 'did not go away from, Tattersall's in it. I swear I did ,not challenge to fight him or McGili r outside the Court. "■'' •"■■

Thomas.Seers, "barman at Tattersall'e, repeated his former evidence, and saw Osbourne knock Robson "down, and McGill then kicked him in the head-and put his foot on his stomach. He did not see Qsborne kick any one. Robson did not seem inclined to fight at all. He heard him say to Osbdiifne, "What, do you interfere for?" and saw Gatherer kick Gardner twice while he ;was lying in the middle of the tan.

By Mr Wynn Williams—Bobson and Gatherer were in the bar fighting before the row commenced. They were fighting before Osbourne interfered. I do not think that McGill or Gatherer were drunk. I did not see Osbourne kick Bobson. I was looking after Robson, as I thought he being brutally used. Osbourne's first intention was to stop them from fighting. 1 did see Robson knock Gatherer down in the bar. I am quite sure of that, as he was down, and wouldn't get up again. By Inspector Pender—l couldn't say which of them struck first. On my oath, I believe Robson was endeavoring to avoid a row.

By prisoner McGill—l did not see Bobson knock Gatherer down five or six times. When Bobson was getting up 1 daw yqu kick him in the head, and pnt your foot on his stomach. I saw you rushing about kicking anybody yon couldJ : William Summers —I recollect l>eing at the Warwick Hotel on Monday with JJr Ryan, and went back to Tattersall's." In that yard I saw Bobson sittiag down, and seemed to be qnite exhausted. Osbourne was sparring and dancing round about him. Baying get up you . Osbourne said he was an Englishman, and then kicked Bobson in the ribs. I said there's nothing English about: that. Gardner and I tried to stop him, and Osbourne knocked Gardner ddwn on the other side, and put his heel on his face, aud stamped his face with it. Osbourne then knocked mc down under the horses, but I got up on the other side, and gave him one, I saw the tow about the £5 note. I believe Osbonrne would have killed the man if Gar-, dener and I had iiut interfered, $lr #ird. wae there, but took no step to stop it. s

To the Bench—l epoke to him about it, and he said, " What can I do with such a; crowd as that." tßy prisoner M'Gill—JL, rl-d ript see you kick any one You tried to keep mc and Osborne from fighting. By Mr Wynn Williams—l did not begiu the row, and took no part in it, but in trying to stop it. I walked out of the yard when I sfw the £5 note torn. I did not sec aoy one kick Bobson but Osbourne. Thomas J. Ryan—l was speaking with last witness in front of the Warwick Hotel and saw a crowd at Tattersall's. I walked up there and when I pot into the yard saw Robson sitting on the tan panting from, loss of blood. Osbourne was jumping around him wanting him to get up. The man tried to but could not. Osboume then caught him by the hair and gave him a smack in the face and kicked him in the ribs. Osbourne ; and Gatherer rushed to the other side of the yard and kicked the other man. The barmaid then managed to get Robson into the club room, and locked him in. Osboume was rushing about the yard after that* and as he could get no one else to strike, he struck Gatherer. I have seen a good many rows but not a more brutal one than this. By Inspector Pender—Mr Bird was present cfose to where I was standing, and only smiled. To the Bench—l saw him take no steps to stop the row. Mr Wynn Williams called— James Harris Evans, who stated—l was present at Tattersall's when the row took place. Ido not know whether Gatherer or Robson struck first. Robson knocked Gatherer down, I do not think Gatherer struck Robson at all. 1 saw- Robßon and Gardiner on the ground. I did not see anyone kick Bobson. There was a crowd around, and I did not sec him kicked. . IBy Prisoner McGill—You were making an " impression of peace" between them, trying to stop the fight, By Inspector Pender—l was in the bar when the row commenced. I was lying on a form at the time, and might have been the worse for liquor. I have a very good recollection of what took place, and not a very slight one. Harry Darby repeated the substance of the evidence given by the previous witness, and did not see Osborne kick anyone, but saw the blacksmith at Cobb and Co.'s and another man kick Osbourne. By prisoner M'Gill—You were trying to keep the men from fighting. I did not see you strike anyone.' • By Inspector Pender—M'Gill and Osborne might have struck anyone without my seeing it. • His Worship Said it had been a most ruffianly row. He was not going to apportion who had been the worst. They would :be fined £5 each. His Worship asked if Mr Bird was in Court. ■'' [Inspector Pender replied not.] There was evidence, his Worship continued to say, that he was present during this row, and took no steps to stop it. The Bench would certainly hold publicans responsible for rows which occurred on their premises. INDECENT ASSAULT. Robert Jameson, on remand, was again brought up. The Court was cleared by order of his Worship. After hearing the evidence, his Worship dismissed the charge. The doors were then opened. . EMBEZZLEMENT. A charge of embezzling a set of mother of pearl sleeve-links, a razor, pencil-case, and a sixpence with a hole in it was preferred against the same prisoner. ''■ The,prisoner had been placed in possession of a house by the bailiff of the Resident Magistrate Court, and when arrested by Detective Feast these articles had been found in-his pocket.: Ihey; were' known to the tinder bailiff as belongings to the house, and Should have been' included in the iihvtentory. . They were of very trifling' /value. • 'Prisoner bad paid: sixpence ivith a hole in it for a pint ■of beer on previous day to his arrest.; ■;;: The prisoner said he bad kept, them in his ■pocket,, as they ..were small, for safety, and thaitinder-bailiff knew he had placed' some, of them there. ! : His-,Worship; after hearing;theevidence, .was not prepared to put the country" to the -;expense of sending, the.'case fof trial.. The barman could not sweari to (prisoner having given him the sixpence produced in Court, though from the evidence before him he had his own opinion > about it. There.was ; some doubt about the other articles, and lie would giye him the benefit of it ; but he must say he was not a fit man to be placed in possession of any house. •■■;■.■• EXTENSION OF BAIL. ■ • ; ■ An extension of bail to Thursday, sth February, was granted to Wm. G. Bayley, At the request of the accused, hia Worship promised to telegraph to Wellington, so that he might be remanded to Victoria as, early as possible. . •'••'] ; 1 ...,,,,,