MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 25, 24 October 1907, Page 8

MAGISTRATE'S COURT.

❖ — allioied wounding of a child. accused' committed-for trial. (Ufifyre Mr. W. G. Riddell, S.M.). Tin , , Edward Murtagii, charged with having-on October U wounded a child, Mary Lorraine Tui Leigh, with intent to do grievous nodily harm, was resumed. The oviddiice "of the principal witnesses for the prosecution, was hoard last week. Chief Detective M'Grath prosecuted, and Mr. llerdman appeared for the defence. Hose 'Annie Greaves and Alice Maud West, inmates of the house in which accused lived,.

gave evidence on similar linos to that given by tlio mother of tho child. Both deposed as to the godd conduct of accused during the time ho lived in the house.,

Detective Cassells, who arrested accused, deposed that accused told him that ho did n6thing to the child. In response to a query as to how the child got the cut on her leg, .Mnrtagh replied, "It was done by a liend." Asked who the fiend was, he said it was the child's mother. Ho did not see her do it, but on returning to the room after a short absence ho saw the mother with a razor in her hand. Accused produced the razor from a Gladstone hag. There was no blood on tlio razor. Accused said ho , had wiped the razor on a towel, but on examining the towel witness found no blood, and when he drew the man's attention to this, accused said there was little or no blood on the razor. When witness was taking accused dowiu.to the Detective Office, accused saitl, "I have been trying to got away from her. I'd do twelve months to get rid of her."

Accused, who pleaded not gijjlty and reserved bis defence, was committed to the Supreme Court for trial. Bail was allowed in self £100 and two sureties of £50 each or one of £100. ALLEGED ATTEMPTED MURDER. , THE WINGFIELD STREET CASE. James M'Allion, remanded from last, week, appeared to answer a charge that ho did attempt to murder Thomas J. Smith at Wellington on August 10. Chief Detective M'Grath prosecuted, and Mr.'Wilford appeared for the defence. Thomas Jackson Smith, labourer, residing at 3 AVingfield Street, stated that'when he arrived home about 10.30 p.m. on the night of August.' 10, he saw two men arguing outside the gate near tho front door. Witness went outside and asked the men; to go away. Accused was one of the men, and Parkhouse was the other. The men argued the point with him, and ho thought they would go if ho left them, and so ho went inside. Accused asked witness who he was. Ho told him and turned to go inside when accused drew a revolver from his trousers pocket and tired at witness twice. , Neither of the shots hit him. There was quiet for a while, and then someone knocked at the door. "Witness could hear two men talking. Two more shots were fired at the front door, and then after a few mimites'quiet the knocking commenced again. All lights in the house were put out, and witness and a friend named Morse, who lived with him, left by a back door and went through into Molesworth Street. As they entered into Molesworth Street they heard two more shot's. .Witness met Constables Stevens and Gallagher who went with him to Wingfield Street where they saw two men standing about a chain or two from the house. The men were accused and Parkhouse, and the constables arrested them both. On being searched' by tho police a revolver was, taken out of accused's back trousers pocket. Witness did not know either accused or Parkhouse previously, and had no idea what took them to. his house. He returned to tho house after tho arrest and found tho key of the front door (produced) broken on tho floor. - Subsequently, when Detectivo Uroberg took the lock off the door pieces of lead wore found in tho lock. [l)Y TEI.fiGBAni.—PRESS. ASSOCIATION.] '. Cross-examined by Mr. Wilford, witness said lie had worked for more than, four wceits during the past six months. He had £22, which lio had earned at the Belfast Freezing Works since Christmas. When tho first shot was fired thero were only about three or four feet between the men and himself. The first shot, went op the ground, and the second, ho thought, struck tho door. Ho did not know whero the others went. Witness" had not threatened accused and Parkhouse, but simply asked them to go away. No girl was on his premises with his wife that day. Benjamin Morso, a labourer, residing with tho last witness, deposed that he was m the houso on tho night of October 10, together with Mr. and Mrs. Smith. : There was an argument at the gate, and Smith went out to tho front. When ho (witness) was going out he heard a shot fired, and opened the dour just as Smith rushed back into tho house. As Smith'came , through the door a second shot was fired., Ho saw it fired by accused,, who had another man with him. The men went away, 1 but came back after an "absence of five or six minutes, and then two more shots were firorl. Witness and Smith -.then left the house by the back door, and just as they reached Molesworth Street they hoard two more shots in tho vicinity of tho house. Subsequently they met two constables, with whom they went back to the house. Thord was no one outside, but accused was standing further down the street. ■ Mrs. Smith''doposed that before her husband came home on tho night in question two men knocked at the door and asked for a woman named "Tessie." She. told them there was no one of that namo in the house, and closed'tho door. Her husband and Morse came homo after this, and after tlio firing of the first shots they left by the back door to look for a policeman. After they loft shejheard a knock at the door, but would not answer if. Subsequently further shots wore fired. . Witness had never seen accused boforo. : ! ,

George Alexander Parkhouse, labourer, deposed that, ho lived at thn same'house .as accused. They went out together on the evening of October 10, and visited se.veral hotels. They returned to WingSeld Street about 10.30 or 11, and lie went to th'o door of No. 3, but was told by a man who canib to tho door that ho could not como in. The man came out to the front, and had somo words with witness and accused, who wore about to go away. At this stage accused fired a revolver at the ground, the man. Smith being about two yards from 'accused. He would be surprised to learn that one of tho bullets lodged in the wall of the house, and another in tho keyhole of tho front door. ■■■ Constable Gallagher gave evidence as to having been called to Wingficld Street. on the night in question, a (ftmplaint having been received in reference to revolver firing. Accused and Parkhouso were met in tho street,, and agreed to allow witness and Constablo Stevens to search them. When'witness camo to accused's hip-pocket he resisted, but eventually a revolver was produced.. Accused said, Now you have got it, you can't prove 1 lired it. The revolver smellcd as though it had boon discharged recently. Three of the chambers were empty and two full. On oxamining the house ho found a bullet embedded in tho door frame, about 3ft 9i n from the verandah floor.

Constable Stevens gave similar evidence Detective Hroberg stated that-ho wont to Smiths house.on October 11, and searched fpr tho bullets that bad been fired. Ho saw a mark on tho door framo about 3ft. 9in. above tho level of th'o verandah. Tho bullet had evidently been fired from the gate. Ho also removed the lock from tho front door, and insido tho lock found Jive small pieces of lead. Accused, who pleaded not guilty, and reserved Ins defence, was committed to the Supremo Court for trial. Bail was fixed in self £100, and two sureties of £75 each. .>.... (Before Mr. Riddell, S.M.) POLICE CASES. A young man named Bert Coulton, with a severely bruised face, appeared on a charge- or, helpless drunkenness in Willis Street. A remand was granted until Friday to allow accused to bo given curative treatment. John M'Kio, for drunkenness in ilunter Street, was convicted and fined 205., m default seven days' imprisonment. His Worship warned accused that if he came before the Court again he would be convicted as an habitual drunkard. Thomas Trownson, for habitual drunkenness, was sentenced to ono month's imprisonment, with bard labour.

BREACHES .OF THE BY-LAWS .' John Calderwood was charged with having ridden a bicycle along Adelaide Road without a light on the inV;ht of October 11. The police stated that although there was a lamp on the machine it was not alight. His Worship pointed out that the rider of a bicycle was rtsponsiblo if his light went nut. Accused would be fined 25., "with costs 7s. A similar charge was laid npainst Arthur Davies, who was convicted and lined 03, and costs 7s.

David Coutts pleaded guilty to having left a horse and vehicle standing in Lambt'on Quay so that he was unable to have control of the same, and was convicted and discharged. , Herbert Hill, jun., and Henry JPGrnth were, each convicted and fined 10s, with costs 75,. in default 48 hours' imprisciinicnt, for having allowed thir drays to stand in Don-

aid M'Lean Street for a longer time than was necessary for loading or unloading goods..

Patrick M'Nally pleaded guilty to having driven a vehicle without lights in Tory Street on October 16, and was lined ss, with costs 7s. MAINTENANCE. Minnie M'Donald appeared on a charge of failing to maintain her child. Defendant was ordered to pay 7s. per week towards the support of the child, which was committed to the Wellington Receiving Honio.