MAGISTERIAL.

Press, Volume XXXIV, Issue 4705, 31 August 1880, Page 3

MAGISTERIAL.

OHRISTOHTJROH.

Monday, Atoubt 30. [Before G. L. Mellish, Esq , R.M.] Detjnkbnnbss.—For first offences six men were fined 5s each, David Gray was fined 10s, and the case of Robert William Pope, one of the unemployed, a young man who had been drunk and indecently exposed himself at the Railway station, was adjourned , till Tuegday, the accused to take the pledge in the meantime.

ifieUTUsa. —Alexander Laing was brought ■up for assaulting — Donaldson in Colombo street, on Saturday last. According to the evidence of Donaldson, the prisoner had beaten him severely with a whip. The arresting crnstable'saw Laing strike Donaldson, but did not see the whip used. Accused stated that Donaldson had been the aggressor, and called his son, a little boy of nine years, who corroborated the statement. —Green, carrier, deposed that he knew Laing had no whip with him on Saturday, or for a long time previous. Laing, jun., re-called, said his father had no whip with him at the time of the row. The magistrate said the affair was evidently a common row, and fined the accused 10a.

E.EBIBTING the PoiiOß.—John Crewe was charged with this offence. Oα the application of Mr Holmes, who appeared for him, the aocuaed was allowed to etand in the body of the Court, instead of ocpupying the dock. The evidence; of Sergeant Pratt showed that on Saturday last accused placed his hone and cab on the tramway opposite the railway Btation, and refused to move off when ordered to do so by Sergeant Pratt, who then arrested him. The place, was a proclaimed cabstand, which had been out through by the tramway, Acoused made no opposition to the arrest, and was perfectly civil. It was beoauee of the obstruction to the tramway that the order to more off was given. A tram containing paesengere was stopped, and detained some time by the condnct of the accused. Charles Bowles, an employe of the Tramway Comjjany,; gave corroborative evidence. Mr Holmes asked the Benoh' to dismiss the charge, on the ground that the accused was lawfully carrying on his own business as licensed by the City Council, without enoroaohing on any footpath or forbidden part of the road. The policeman had, therefore, no right to make the order as he had done.. The accused was merely asserting his rights, and«a policeman was not the authority to deoide whether or not there had been, any obstruction; The case was dismissed on the understanding that the real question at issue would be argued out at an early date. In . the meantime the Bench. would recommend the cabmen to abstain from obstructing the tramway, as. the, police would be instructed to prevent any proceedings calculated to provoke a breaoh of the peace. -J? he Tramway Company at the same time, on their part, were advised not to exact too muoh from the. cabmen.

Eobbebx pbom ran Pebsoh.—John Duncan was charged with stealing 30s from J. White, who said that on Satnrday while the worse for liquor he met prisoner, took him to the- Champions Boarding-houee paid for his supper and bed, and they both slept in the same room. The next morning he found himself without money. James Robgran, a boarder at the same house, deposed to seeing prisoner take the money out of the pocket of White. S. CoppiDger deposed, to seeing prisoner take money out of White's pocket. David Spear, proprietor of the Tiouee, proved that both men slept in the same room on the night of the robbery. Accused strongly denied having been in the house at all on Saturday night, but failed to produce evidence of his presence elsewhere. There being three previous convictions for larceny against him, he was sentenced to six months' imprisonment with hard labor. Absavlt with Ihtbkt to Bob.—James McDonald, a baker, was brought up on this charge on remand from the 24th inst. Sam Houston deposed that on the night of the '24th [June, at half-past nine, while walking along the South belt between Colombo and Durham streets, prisoner attempted to garrot him. A struggle-ensued, when prisoner ran away, and for the time escaped. After a search, however, Houston discovering prisoner bidden lying beside some timber, hauled him :ont, kicked him somewhere about the head, I and then left him. , He had not seen the prisoner's face, but knew him by-hie clothes as the man who had assaulted him. Had pioked him out from amongst six or seven others when asked to do so by: the police. Accused had not denied being .the -man, when so picked out. The man who committed the assault, judging from the pace he ran, was not drunk. Witness was sober at the time. Arthur Perkins said that while in company with a mate walking along the belt, between Colombo street and Montreal street, about half-past nine on the night of the 24th June, they I heard some one say, "will you. lie there, you cow, and let mc kick you." - Afterwards he found prisoner lying down near some timber bleeding, he pioked him up, and prisoner said some one had been "hammering " him, he complained of his head, which was cut, and asked witness to take him home which Witness did not do. Knew the accused by sight, had identified him' when required by the police. Detective Neill said he went to the South belt on the 27th June last with Houston, who pointed out a place near some timber where there were signs of a straggle and blood on the timber. List Monday he went to prisoner at the lock-up. On asking to examine prisoner's head, prisoner said "Is this what the trouble is about," pointing to a ecu which appeared to be about two or three months old. Prisoner said he had been drunk on the night of the assault, and had stumbled against some one in the dark, falling in Hie encounter, and hurting himself. He woremoleskin trousers that night, which were covered with blood, but which he had since washed. Accused being cautioned, aaid he went out fo» a walk on the night in question and accidentally jostled against some person m the.dark. Words and blows ensued, and accused finding bimaelf getting the wont a! it, ran away, but was followed, knocked down punished. Hβ became insensible from &b effects of the beating, and on reco-rery at five o'clock the following momma found hinaeU lying in the bake-

house, where he was employee; *** h ■blood and severely cut ab:;ut tbeV aeaa * ile knew nothing further aboafc «h» "?*?** Prisoner was then committed f« trial at tne next sessions of the Supreme Com*. Bbbsoh op Br-LAira.—For allowing- • hone to wander, Eleanor Long was fined &f and costs, Harry Snowies, for leaving a horse on a footpath, 10s and ooets. H. B. Ballmger, for allowing a horse to obstruct a thoroughfare, 10s and costs. H. W. Magee alias Wm. Williams, for furious driving, 20s and eoete, Nicholas Columbus, for leaving hie hone end cart, 10s and costs. Reuben Fisher, a fish hawker, for a similar offence, 10s and costs. For allowing hones to wander at large, Okas. O'Malley, Joseph Waite, W. P. Smith, and Frederick Peiper were fined 5s and costs. UmaBeiBTBBBD Doea. — A case against David Thow was dismissed ; Charles Voisard was fined 20s and oostsj Daniel McGunnagol fined 20*, to be paid in a month; James Griffiths fined 203 and costs. WrPB Bkatikq.—John Diepenheim, whose case had been twice remaaded in order to give the parties an opportunity to finish their differences by a separation, again appeared, this time with Mr Thomas as his lawyer; Mr J. S. Williams for the wife. Statements were made on behalf of the defendant, which did net place the moral character o£ Mrs Diepenheim in a very flittering light, but which were not relevant to the case in hand. The sum of the new matter was that the defendant, who Mr Williams said was known as " Jack the Liar," declined to make any separate provision for his wife, and he was bound over to keep the peaoe in his own recognizance of £25.

I Maintenance of Wipb—Montague 8. Home was charged with neglecting to provide for his wife and two children. The evidence showed faults on both sides, and, after kindly advice from the Magistrate to the' parties, the case was adjourned for one week to allow of an agreement being come to. Protection Obdeb—Mrs Annie Byrne applied for an order protecting her earnings against her husband and for the custody of her two children. Defendant not appearing, the order was granted unconditionally. MieoHMAKBOUS.— J. W. Morton, charged with having no light burning outside of his licensed house, said the light was accidentally extinguished, and, the case was dismiesed. JameeTait, for having iip lisfbt'on a hoarding, was filled 10s. James Griffiths, for allowing cattle to wander, fined ss. A case of abusive language brought by Agnes White against Isabella Dethier, he? sister, was dismissed, the Magistrate remonstrating with both on the unseemly character of their quarrel.