MAGISTERIAL.

Press, Volume L, Issue 8582, 8 September 1893, Page 3

MAGISTERIAL.

—: ■♦■ : — CHRISTCHTJRCH, Thubsdat, September,?. (Before R. Westenra Esq. and Captain Deighton, J.P.'e). Assault &SD Dkuskessess. — John Holder was charged, on remand, with drunkenness; having, on 31st August, assaulted Constable MeAliater with a knife while in the execution of his duty, and riamfrg?"g the uniform of the said constable to the extent of £2 se. Mr Hoban appeared for the accused, Inspector Broham prosecutimg. Constable McAlister deposed to seeing the accused in Caahel street, oa the 31st August, in a state of intoxication. ' He stumbled into the Al Hotel, witness fol- ; ' lowing him, and telling the attendant not J ' to supply him with drink. Accused per- j ] sisted in asking for drink, although re- ■ * quested te leave the premises. Tue at.- j ' tendant then asked witness to turn the man | ' out, as he was trying to get behind the bar. ' Witness asked accused to leave the hotel, j 1 and on his refusing turnadSum out and | ' arrested him for drunkenness. A struggle ! took place in the street, accused drawing a i 1 knife and stabbing witness ia the left breast, r' The knife pierced witness' tunic, waistcoat 1 and shirt, a second cut going through tunic and waistcoat only. Accused struggled violently all the way to the -police station, where he was eventually locked up tnd charged with the offence. When crossexamined by Mr Hoban witness would not swear that accused struck the blows deli- . berately. Was crossing Colombo street when the man went into tne hotel. Did not J arrest him at once as he was in a private room. ' Would not like to state that accused struck ; the blows deliberately, and concluded he mu3t j have had the knife in his hand when in the | hotel. Constable Gougb stated that he was { ■ on duty at the watchhouse when accused < was brought in by McAlister. Heard the j ! constable charge him with using a knife, j ■ and saw the damaged state of McAlister's ! uniform. The bar attendant deposed to ; ' seeing Constable McAlister in the public ; bar on the night of the assault. Accused ; ' came in some minutes later and called i for a drink, but was refused. He i was not making any disturbance, but j after a time started talking with the con- • : stable. Next «aw McAlister jump over the ; bar and turn the accused out. A man j named Cullen and Constable O'Connell were ! in the bar at the time, talking to McAlister. j Constable O'Connell remembered ljeing in j the Al Hotel on the 31sfe between seven and ! eight o'clock. A man named Cullen and ' Constable McAlister were together in the public bar. Saw someone stagger into one of the private rooms, but could not S say for certain that it was the-- ac- j cused. Heard McAlister order him j out, and on his refusing to leave, j the Constable got <over the bar and put : him out of the room. Did; not see any j drinks served, and did AicAlieter ; have anything. C. Cullen remembered ; being in company with McAiistcr and I O'Connell in the Al Hotel on the night of i the assault. Did not see accused there, nor hear any disturbance. P. Woodall, who was ! also said to be in the hotel when the trouble i took place, stated that he saw accused in the : bar and heard McAlister come in and warn ;. the attendant not to serve him with drink. McAlister was only in the bar a few; minutes when he removed accused for creat- ''. ing a disturbance. The bar attendant, on [ being recalled, swore positively that the ' last witness was not in the hotel when the j disturbance took place. The Bench held the j opinion that the fact of the coustable having received two stabs showed 'that it was not • entirely the result of an accident. The j accused was then discharged on the charge of wounding, a separate charge being sworn ! against him for assaulting Constable i McAlister in the execution of his duty. The case was adjourned till next Tuesday. Assault and Robbery—Esmond Rey- ! nolds, alias William or Edward Campbell, and William Thomas were charged with assaulting and robbing. Sidney Claxon of a gold chain and locket value £8, and a watch valued 255, on the sth instant. The police applied for a remand till Wednesday next, which was granted. / , (Before R. Beetham, Esq., R.M.) Civil Cases. —In the following cases judgment went foe the plaintiffs by default with costs:—Klingenstein v J. Blacker, claim £7 6s, for goods supplied (Mr Byrne for plaintiff); A. G. SaunderlV C. E. Alger, I claim £1; N. K. Bowden v A. Home, claim £1 3s 3d ; Bates and Co. v S. F. j Brown, claim £62 18s (Mr Kippenberger for i plaintiff Company). C. D. Lightband and ; Co. v Newnham and Newnham, - claim £7 ] i 3s 6d, balance due on account for ekates - ! supplied. Mr Donnelly appeared for the , plaintiff. The defendant stated that the j skates were not equal to the guarantee, I I which the plaintiff denied giving. After ; hearing the evidence, iiis Worship i gave judgment for plaintiff for the j amount claimed, with costs. G, Barrow j [ v Burgess and Burgess, claim £17 on J a promissory note. Mr Bruges appeared for Mrs Burgess. Judgment was given with costs against the defendant A. iJ. Burgess, who did not appear and was not represented, by counsel. C. Redfern v. P. Seelan, claim"£2 7s. Defendant admitted the amount was due, and judgment was given against him with costs. E. I Green "v C. Hoadley, claim £3 18s on a I judgment summons. Mr Donnelly appeared for the judgment creditor. After hearing the evidence of .the defendant the Court ordered ; hiin to pay the amount withiu j fourteen days, or 1 fourteen days-imprison- j ment in default. J as. Roberts vJ. T. P. I Morshead, claim £16 3s 6d,. damages and j costs incurred through an accident to ; I plaintiff caused by defendant's horse and I trap knocking him down. Mr ' Deacon j appeared for the plaintiff and Mr Stringer I for the defendant. After hearing the ! evidence the Court gave judgment for i plaintiff for £11 3s 6d and costs. G. Legg ! v P. Evenden, claim £5 10s 6d for potato ! digging at 6s a day. Mr McDonnell') appeared for the defendant. The case was adjourned until Saturday morning. G. Maule v W. Ryan,' claim £13 3s 6d for the I non-delivery of a certain quantity of i potatoes. Mr Stringer appeared for the plaintiff and MrLoughnan for defendant. The case for the plaintiff was that defendant agreed to supply 20 tons of potatoes at £1 17a 6d per ton, and after delivering | 13 tons 16 civfc refused to deliver the j remainder, for which breach of agreement | ■ the plaintiff claimed damages. For the j defence it was stated that plaintiff s agent j agreed to give 37s 6d per ton for 15 or 20 ' tons, which was half the estimated amount ; of the growing potatoes. Defendant signed , the contract to deliver what he understood ; was to be about 20 tons. His Worship said the Court "could not go outside the contract, which provided for the delivery of 20 tons, and it had not been fulfilled. Judgment was given for the plaintiff for the amount claimed with coats. -..-,-' - ashßctrton. Thursday, September 7. I (Before Mr C. A.' Wray, R.M.) Dbuxkessess. —John Paget was charged with' being drank while in charge of a horse. A fine of 20s was imposed. Civil Cases. —John-Orr and Co. v J. C. Grubb, jun., claim £8 43 6dj judgment for j plaintiff. Thomas Clayton v Karl Zander, ] claim £3. Mr Cuthbertson for'defendant, i The claim was for beard and attendance and £1 in lieu of.' notice. Plaintiff said it i was usual to give a week's notice. Judgment was given for plaintiff for £1. THB/'PRESS. INSTROGTIONS as to the isbertkot ot I wrrODSAWAL of advertlaemeaca in the Fkess must bb nf WBITIN'G. 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