MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 51, 23 November 1907, Page 7

MAGISTRATE'S COURT.

(Before Mr. w! g! Riddcll, ;j A SERIOUS ASSAULT. ■ : Two bush-fellers,, with a number _of previous convictions .against'.'theni,' 'Daniel. Morris and Ernest Power,, appeared on, a charge of having assaulted ;, William Murray in Courtenay Placo. oh the evening of/November 18. ' . j:" ;: ■.;:: \,::. ::,:;.. v;:...";. Sub-Inspector/ o|Doiiovan..conducted the case for tho prosecution,, and' Mr. P. Jackson appeared for the defence.•"- "J ~.'. ':' !. William Murray.stated .that'Jie,met the two accused outside, '.tho .Terminus; Hotel on tho dato mentioned "in".'the information'. Power spoke to witness, but nothing out of the ordinary was said. , Subsequently, the man Morris str'uclc'witness.'ffom.behind, and felled him to tb.O;gfourid.~.'.!'Whilst, lie'was.on tho ground, ho wis str.ucli.agaiu7..arid'severely knocked about..-!.; On .arrival; at; the polico station, Morris ; again struck ,'.w,ithcss,. John Kcefo ga.ye, ovidenco that ho had seen tho two accused and. tne/last./witness, on the evening of tho assault!'... The' tnYeo.rnen wero together, when Murray! was' knockp'd; down' and kicked by one.of the' accused. Murray regained his. ie'et..! several; times and cndoavoured to gcfcV.awaJv.but each time his. assailants follo)YJe,d : him and renewed hitting' and kicking. '~„.j c . Constablo Stewart stated that ho arrested tho two accused, .who were in tho midst of a orowd of people,~wlia, had. formed a ring to' prevent tho away before the polico came. Murray'.was covered' with blood, and his face and clothes wero severely knocked about.- On-.tho .way to tho. polico station, ono of the'accused'threatened to kill Murray, as ho was-" a jiark_for_tho police." Whon the handcuffs r wore takon off Morris at tho station he struck Murray"6n-"th'd nose, causing it to 'ble'cd ' -. profusely." • -Accused' Morris made tho 'threats,- and' Power was quiot. ' ■■'•'■'■ <••■•<' <•■■' ' ■■■•..••■.'■.■ Ernest Powcr-doposed that-ho was'a-boot-makcr by trade,"but. had beeti bush-felling at Waikanao of late:"'Ho'had to' como'down t<rtown on tho ■'■ day hi; question,' and motMurray, who had worked 'for him-at one tinid. They had"'ah' argument- outside tho Terminus Hotel, arid'wont-'down tho street to settle it. They fell a couplo of times during tho fight, and eventually tho ■ police stopped in ■'Witness; and his mate. The fight was'a' ; fftir'one. i "'' : "-' ■•■-•■• i Daniel Morris,; r ivhq described himself as a labourer and a seafaring.man, gave similar ovidenco. '. .._•"•'' '.'.'''"■' ',' '

His Worship lieldfth'iifc tho 'two defendants wbro guilty of assaulting Murray.' ' Tho fight might have beqn'.prbyoked;' : 'but fair treathad not hctn moted'ont to Murray. Morris would bo"'convicteel " and "sentenced to two months' ituprispnthfent;' and" Power would bo oom'iotcd, and .^euteiiccd' to" onb month's imprisonment.'. : " •'-;"■ ■' .-•"■"■ ALLEGED THEPTJ .-...: Frederick Armitage I .pjeadgd;, , ,Not guilty * - to a ohargo of theft'of yalued aV.3osl

Oii tho" application of Sub-Inspector (VDoncvan,'defendant'was remanded until November 25, bail being allowed in tho sum of £5, and one surety of £5.

Robert M'Nab was brought forward oil a J charge of theft of the sum of £15 from David Sutherland at Wellington on May 27. An,, application by Chief Detective M'Grath for a remand until Friday was granted. ' A.young man named John Morris was charged with the theft of a tin of salmon, valued; at cightponco, tho property of, the Wellington Harbour Board,. also with tho theft of a bag of potatoes, valued at 10s., the property of the Harbour Board. Mr. Jackson appeared for defendant, who pleaded not guilty to both charges. Defendant was remanded to appear on Wednesday next, bail being allowed in a sum of £10 oil defendaut's own reeognisaneo-

■'.■;■ CIVIL CASES. ■'■'■: (Before Dr. A. M'Arthur, S.M.J ' .'. Judgment was entered for plaintiff in tho' following civil rases: —Ryan Bros. v. Emma M. Saiusbury, £12 18s., costs'£l 105..6 d.; \ Minister, of Railways v. Harold Avos, £2, ,; 'costs, ,55.; D. Wilson v. Charles Eagar, £(5, costs Bs.; Stewart Timber, Glass, and Hard-' waro Co., Ltd/, v. William -J. Holmes," £Vi 4s. 8(1;, costs 155.; Miller and ,Co. v. George ■. . Brauml and Charles Tunbrklgo, 135., costs ■. ,- only; Union Clothing Co. v! James D. M'lnt'osh, £5 15s , costs 18s. .Oil.; Elizabeth ' Lonorg'an v.. Sidney Hanson, £3 55., costs 55.; Charles Hy. Matthews v. -F. R. Jupp, £10 195., costs £1 10s. 6d..; Mary Green v. . 'William.Boyd, £10 18s. 3d., costs £1 10a. : ' Cd.; Maud' Mason v. E. Mynoss Wallis,, -£f 10s., costs 10s. ' • . ■ • .■"' ;; MISCELLANEOUS, drunkenness, Margaret" Webb "and,'• Lizzio O'Flynn were each convicted and fined ,i 205.-,-in default seven days' imprisonment; , arid Georgo William Jackson, for a similar offence, was, convicted and fined 10s., in.de-:' fault.4B hours' imprisonment;'' Three first'offenders voro also brought forward, 'two being convicted and fined 55., in default 24,- ; hours' imprisonment, and one convicted and., discharged. ; > ■ -~■•• ■,>> The caso against Thomas R. \V. Errickson, charged with using threatening 'language to •Mario A. Nattrass,. was adjourned until today in.order toallow defendant to leavo the Dominion; as ho promised to do. Defend- •,: ant was ordered to pay Court costs,'amount- "'■ ing t0..£1.15. . .. •

.Two'neighbours in the Karori district, Sarah Hemsley and Catharine Ballantyne, having failed to agree, brought their.troubles to the- Magistrate for settlement. It appeared from the evidence, that certain cows, belonging to Mrs. Ballantyne, had strayedj as: per custom,'into Mrs. Homslcy's property; hence the trouble; The plaintiff, Catharino Ballantyne (represented by Mr.;R. B! Williams)- raised charges ■'of assault against the defendant, for whom Mr. EV-Gi' -Bolton; appeared;. Tho defendant, for her part, proceeded, against plaintiff for assault and trespass. After hearing part of the evidence, 'tho* Magistrate adjourned the case, ■which'.will, bo '.concluded-this' morning. ■