MAGISTERIAL.

Press, Volume XXXII, Issue 4432, 14 October 1879, Page 3

MAGISTERIAL.

OHBIBTCHUECH. Monday, Octobkb 13.

[Before G-. L. Mellish, Esq., B.M.J Assault.—Stephen Monk -was charged with assaulting Constable McGKU in the execution of his duty. The constable fonnd the accused in the hands of two persons who were trying to take him home. They were unable to do bo, and he accordingly took him in charge, and the assault was committed while being taken to the lock-up. A fine of 2Os was imposed. Labcbht. — Charles F. Anderson was charged with stealing £1 2s 6d from the person of John Blaxam. The prosecutor was both deaf and dumb, and had to be interrogated with written questions, answering them in the same way. The prosecutor stated that the prisoner took the money from him at the Theatre Royal last Baturday night. A cabman saw him take it. Witness last had the money in bis pocket at the CaTersham HeteL He felt the prisoner taking it from out of hie left hand trousers pocket. The money consisted of a £1 note and two shillings and sixpence in silver. The prisoner saw witness paying money for drinke. William Penfold, a cabman, said on Saturday night last he saw the prisoner and prosecutor. They got into Mb cab, and prisoner asked him to drive them to the Clarendon. He said his companion was deaf and dumb, and had plenty of money. Witness then drove to the hotel, and at the request of the prisoner got them three drinks, wfich prosecutor paid for. At the request of the prisoner, witness then drove them to the Terminue Hotel, where they had more drinke.

from thence he drove them to the .Central I Hotel and back agaia to the Caversham, where j the prosecutor accused the prisoner of having robbed him. Witness then drove away, accompanied by the prisoner. The prosecutor had no money to pay for the hire of the cab, and explained the cause that the prisoner had taken his money from him. Constable O'Connor said he arrested the prieoner the previous day, and explained the charge to him. Prisoner said he had arrested the wrong man, and that he knew who had taken the money. He said he saw the prosecutor give the witness Penfeld a pound at the Clarendon to pay for cab hire, and Penfold kept the pound. The prosecutor, being recalled and examined through an interpreter, gave his evidence in such a confused and contradictory manner that it was not poesible to convict che prisoner, but his Worship said it was clear that the theft lay between him the cabman, and no one acquainted with the charaoter of the prisoner could doubt which was guilty. The prieoner moreover nad tried to shift the responsibility on to the cabman. The case would have to be dismissed.

Vaqbaxct.—Margaret G-uerin and Robert White were charged with having no lawful visible means of support. Both prisoners were arrested in Hagley Park oh Sunday night, and from the evidence of the arresting constable had no settled means of abode, the man, who was elderly, living on the prostitution of the woman. Sergeant Wilson gave corroborative evidence from an experience of both prisoners for eight or nine years. The prisoner White was cautioned and discharged, and the female prieoner sentenced to three months' imprisonment with hard labor.

Violent Assattlt.—Henry EckhofF, remanded from the 6th inst., was charged with violently assaulting Mβ wife, Wilhelmina Eckhoff. Mr Neck appeared for the defendant. The prosecntriz said she wished to withdraw the case, but the police prosecuted. Margaret Willi*, residing in Tuam street east, said that on the morning of the sth ahe heard screams of murder in a woman's voice coming from the prisoner's house. She went over and saw the prisoner throw hie wife off the premises, slap her face, and strike her on the head with a bottle. She asked the prisoner if hie wife had out her head, and he said he had given her a good " hammering." Witness then sent for the police. To Mr Neck —Blood was flowing from a wound on the prisoner's head, bat witness did not think, it was caused by the blow she had struck with the bottle. Mary Phipps, who lived near the prieoner, corroborated the evidence of the previous witness. Bichard Pridgeon, acting house surgeon at the Hospital, deposed that the prosecutrix was admitted into the Hospital on the sth instant, suffering from a small but severe cut on the head. She had been an inmate of the Hospital ever since, and only discharged this morning. The prosecutrix being sworn, made a long statement, the gist of which was that she knew nothing about the manner she came by her injuries as she and her husband lived on the best of terms. Mr Neck addressed the Bench, and then put the defendant in the witness-box, but Hie Worship said there was no necessity to go further into the matter. There was no doubt as to the assault having been committed, but as the proeecutrix wiehed to withdraw the charge, he would permit that course to be taken on the payment of all costs, including that of the Hospital charge, in the case. The police had only done their duty in bringing the case forward. The defendant was then discharged, the costs amounting to £2 83 6d.

Shooting with an Aib Gftm.—A lad named Joseph Wilaon was summoned for shootingat Wm. Pentecost with an air gun. Mr McDonnell appeared for the defendant, and stated that the boy admitted discharging the air gun, but he aimed at a post and not at the complainant. The complainant stated that the defendant fired at him when he was in a urinal at Biocarton. He saw the bullet fall, and when he charged the boy with shooting at him, be aimed at him again. Had so reason to believe the defendant had any animosity against him. Defendant asked him not to split upon him. To Mr McConnell— Laid the information because he thought that the defendant had been connected with the late sticking up case. His Worship said the boy had done a foolish thing, but as there was no reason to believe he meant to hurt any one he would only be fined 5s with 17s costs. Assauit with Lsttbht.—Albert Pillow was charged that being armed with an offensive weapon he assaulted H. E. May, with intent to rob him. Dr. Foster appeared for the prisoner. Henry Erneet May sworn, said —I am a draper carrying on business in Ohristchurch. On the night of the 3rd inst, I was returning from Biccarton, accompanied by my wife and Henry Harris, coachman to Mr J. Beath, of Bicoarton. We were all three in a conveyance, and Harris was driving. It was a single seated four-wheeled buggy. £ was seated on the near side, Harris on the off side, and my wife in the centre. When about a quarter of a mile from the Riccarton Hotel on the Christchurch side a man rushed from the side walk on the near side to the centre of the road, and held up both hands, shouting to us to stop. He then seized the horse's bridle, and the horse was pulled up to a walking pace. The lamps in the buggy were lit, and I observed the man had. a black mask on. He presented a revolver at mc, and demanded mc to deliver up my money, or he would fire. I told him I had no money. Hβ still had hold of the bridle and stood about 6ft. off. I said I had no money, and he then said, "If you have no money, you have a watch. Deliver up your watch." The coachman Harris then said, "I have 4s 6d, if he would take that." Harris was off by that time, and behind the buggy. Harris handed the money to Mrs May, who was still seated in the buggy. She i said, "I'll hand it him; he'll surelj|not shoot j a woman." By this time the man had come nearer,|and was standing about 2ft. from the front wheel of the buggy. Seeing Mrs May's hand extended, I was rising to pull it back, and the man said, " X you move, I will fire." I immediately jumped at him and he fired. This brought mc within about two feet of him, and I caught him. The flash of the pistol shone in my face. I experienced a sensation on the neck and shoulders as if the bullet had hit mc. Another shot was then fired, Harris rushing to my assistance, while I had hold of him. We immediately had him on the ground. I requested my wife to drive back to the hotel for assistance, whioh she did. In a few minutes the trap returned, with Mr Lewis, of the Biccarton Hotel, and another man. I requested one to go the Police Depot, and the other to take my place to secure the man, while I returned f o the hotel to see if the shot had really touched mc, and to look after my wife. Harris and the other man were left is charge of the prisoner, I got the revolver from the prisoner, and afterwards gave it to Detective Benjamin. It was in the same state as when I took it from the man. The revolver produced is the same. I fancy I heard the pistol click, but am not quite sure. I did not know who the man was. It was very dark. The overcoat I wore that night I gave to Detective Benjamin. The mark on the the shoulder was from the first shot. The undercoat I wore was also marked. I had a small bruise on my shoulder, but the bullet did not penetrate my clothes. Before giving the coat to Detective Benjamin, I noticed a scorched mark, which must have been done by the second shot. It was not there previously. I examined the revolver before giving it to Detective Benjamin, and found two chambers discharged and four loaded with cartridge and ball. I saw at the hotel that the man had on a leather belt. The man was a short man, shorter than myself. The mask was of some black material, with

two holes cat for the ejes. It was very similar to the one produced. The man had on a pair of dark blua trousers, made of some cotton material. They appeared to be of navy blue. I saw the prisoner that night at the Eiccarton Hotel, and afterwards at the Police Depot in charge of Detective Benjamin, at about eleven o'clock. Henry Harris said— I am coachman to Mr Beath of Eiccarton. On the night of Friday, the 3rd instant, I drove Mr and Mri May from Riccarton to Christchurch. I left Mr Beath'e house at about a quarter past ten. I was driving. There was only one seat to the buggy, and Mrs May sat in tha centre. About a quarter of a mile this side of the Eiccarton Hotel, a man rushed out. Hβ collared the horse. He held up hia hands, and said " Stop." and then took hold of the horse. I was driving at a nice trot; the horse stopped as the man held x»p hie hands. The horse was a quiet one. The man presented the pistol at Mr May in the buggy. I think he held the rein with his right hand, no I think hie left. Hβ eaid, " Give mc your money." Mr May said, " I have no money for you." The man said, " Give mc your watch, I am now going to fire." I then jumped out of the buggy. I stood by the wheel for a minute oi two, and then went to the back of tiie boggy. I said, «I have 4s 6d if you like to have that." Hβ said, " If you. have no more give mc that." I was going to give him the money, and he

presented the pistol at mc, and he pulled the horse round. He said, " I won't fire if you give mc the money." Mrs May said, "Do give it to him Mawy." I said, "If he keeps down the pistol I will give it to him." Mrs May then said, " Give it to mc Harry, rorely he will not ehoot a woman." I handed the money to Mrs May, and ahe was about to give it to hire, and Mr May knocked back her hand, and sprang at him. The prisoner had still hold of the reins, and the pistol presented at Mr May. The prisoner fired when Mr May sprang at him. Mr May knocked him down. The man raised again, and I then came forward. Mr May was grasping him by the arm, and the man fired behind us. Wβ then got him down again. I asked Mr May whether he was shot, and he said " Yes, in the neck." Mr May requested Mrs May to drive to the hotel, and she did so. In about ten minutes Mr Lewis and Mr Jameeon came back in the buggy. Wβ still had the man dawn. Jameson helped to hold the man with mc. Mr Lewis drove off for Detective Benjamin, and Mr May drove baok to the hotel. Detective Benjamin arrived, Jameson and I keeping him down at the same place. I struck a match while Mr Lewis was away, and could see that the man had a black mask round his neck. I recognise the man in Court as the same one. When I first saw him he had the mask on his face. I saw Mr M&y take a revolver from him. When the second shot was fired I had hold of the prisoner. The next morning I examined my overcoat, and it was scorched with powder just below one of the button-holes. That was caused by the second shot as he put his hand behind his back. Detective Benjamin said—Between half-past ten and a quarter to eleven o'clock on the night of the 3rd met. I was called by Mr Lewis, and drove out with him to within a quarter of a nule of the Biccarton Hotel, on the Biccarton road. At that spot I saw the last witness and a man named John Jameson holding the p-risoner down, and I took charge of him. I explained the charge to him. He said, " I did it because I was short of ready money. I did it to raise some money." I searched him and found this mask (produced) hanging by the strings round hie neck. Hβ had this dagger and belt (produced) round his body under his coat. I also found thirteen or fourteen revolver cartridges in his pockets. He had two pair of browsers on, an overcoat and an undercoat on, and a cap on his head. Hβ had the hat produced in his pocket. I took him up to the hotel, accompanied by the last witness and Jameson. I saw Mr May at the hotel. I received the revolver produced from him. It is in the same state now as it was then, four of the chambers loaded with ball cartridge and two discharged. Where the prieoner was found there was a stone bridge near and a small gate leading into the North Park. It was between the gate and the Biccarton Hotel where the man was. This was the case for the prosecution, and the prisoner was committed for trial at the next sessions of the Supreme Court. EOBBEBY AT THE MUSETTM. — Albert Pillow was charged with the larceny from the Christchurch Museum of four daggers. Dr. Foster appeared for the prisoner. William Sparks deposed —I am an assistant at the Christchurch Museum. I remember closing the door of the Museum on the evening of Wednesday the 24th September. I had been through the Museum on that day. I was in the Museum next day at half-past 8 a.m. I met one of the assistants named Colclongh. I went up into the Antiquity room accompanied by him, and I missed from a case containing Japanese antiquities a spear-head and a dagger. The spear-head had been cut off. The door of the case had been forced open, and the case was in general disorder. We missed nothing more on that day. On the following morning I found the shaft of an African spear behind one of the doors. We searched further, and missed the fac simile of an old European poignard. We then reported to the police. The door was locked by Colclough. I locked the back door myself, and saw the front door fastened by Colclough. I left the Museum by that door. I left the key in the inside of the door. I have since then seen the missing weapons at the police depot. The Japanese dagger and spear head produced are the ones that were missed. The shaft produced and the African spear head are the ones I saw on the second day. On the Saturday I missed the second Japanese dagger. I remember seeing it the day before because I explained to constable Oullen that the missing dagger was like it. I heard that the small dagger was supposed to be poisoned. I saw the Museum closed on Friday evening. I think I was first to enter I the Museum on the following day (Saturday). Everything was secure. I saw the pipe head produced at the police depot. I had not missed it previously. It belongs to the Museum. All the articles belong to the General Government. I cannot give any estimate of their value. No doubt they would be worth £10 in this country. Wβ. Colclough, an assistant at the Museum, corroborated the evidence of the last witness. Detective Benjamin deposed as follows:—The prisoner was given into my charge on the night of the 3rd met. He was wearing the belt containing the dagger produced. The following morning I searched his bedroom at his father's house in Lichfleld street. I found these two Japanese daggers, the Japanese and African spear heads, produced; also the pipe. They were tied up in the bag produced, and were lying under the prisoner's bedstead. I afterwards charged him in the look-up with stealing from the Museum and breaking out from the Museum. He made no reply. The dagger prisoner was wearing in the belt answered the description of one reported as lost from the Museum, which induced mc to search his bedroom. Prisoner's father was present when I found them. This completed the evidence, and the prisoner, who made no defence, was committed for trial on this charge also.

Using Obscene Language.—Biohard and Mary Ann Boordman were charged on two informations with making use of obscene language in Tuam street, and the female defendant with committing a breach of the peace on the 17th September. Mr Joyce appeared for the defendants. John Tiemery gave evidence of the gross nature of the language used, and of the violent conduct of both defendants when the police attempted to arrest them. John Evans, Samuel Oβborne, and William Henry Whitter gave similar evidence. Constable Shehan said — On the day in question he twice heard the defendant making use of obscene language. On the second occasion he attempted, with the assistance of the witness Evans and another man, to arreet him. He was prevented from taking the man into custody partly by bis violence, and partly by the fact that witness did not know the extent of authority he possessed to take him away from his house. The defendants having given evidence on their own behalf, the Bench considered both offences proved, but, in consequence of the expenses of the witnesses, the nominal fine of 10s each would be inflicted. The expenses amounted to £2195, which the defendants would have to pay.