RESIDENT MAGISTRATE'S COURT. This Day.

Evening Post, Volume VII, Issue 144, 26 July 1871, Page 2

RESIDENT MAGISTRATE'S COURT. This Day.

(Before E. Pearce, Esq., and J. Dransfield, Esq. J.P.s) VIOLENT ASSAULT.

Edward Smith, Rose Smith, and Win. Barlow, were charged with assaulting Henry Milward on the 25th instant.

Henry Milward said he was landlord of the Globe Hotel, Adelaide Road ; about dusk yesterday Barlow and Mrs. Smith came up to his house in a cab ; Mrs. Smith asked if her husband was in, and he said yes ; she asked for two drinks, which witness would not serve; they went inside.and as soon as Smith saw BarloAV he struck him ; he told them to stop, and opened the door and took. Smith oft Barlow ; they both turned on him, and Barlow held witness' arms, Smith choked him, and Mrs. Smith beat Mm and pulled his beard; Smith also pulled a handful of hair out of witness' head ;. witness sent his sod for the police, and, finding all three were on him, he ran out of the house down the street* for assistance. ■ By Smith—l sent no men tp waylay you; I did not strike you. By the Court—The bruises on the prisoners were not got in my house, to my knowledge ; Rose Smith and Barlow were drunk when they came to my house ; Ed. Smith was not, and waa quite quiet till Barlow came in with his wife. William Milward, son of the last witness, gave corroborative testimony. By Rose Smith—You tried to pacify your husband, and asked him not to strike father; I don't know whether you struck father, but you held him while Smith was doing his worst. By Barlow—You were all three on the top of my father on the sofa ; I can't exactly say what you did ; father's face got black, and he could scarcely speak to tell me to go for a policeman. The prisoners called Elizabeth Hook, who said Edward Smith was sober when he came into the house about four o'clock ; Milward told her he went down for M'Carthy. By the prosecutor—You told me you went for M'Carthy. By the Court—Who is M'Carthy ? Witness—God knows ; I don't know the man. By Rose Smith—You drunk. No fear ! Prisoner Smith said he had been some time in the house, and had got too much to drink ; when his wife came in with Barlow, he struck Barlow ; Milward tried to separate them, and they tusselled together a little ; after a while, they left the house,

and when they had got a little clown the road, M'Carthy and some other man set on them, and they ran into Chaplin's for safety. Rose Sznith corroborated the statement of prisoner Smith. The Bench dismissed the case as regards Rose Smith, and fined the other two prisoners 20s, or in default, committed them for 7 days. ANOTHER CASE. Edward Smith was charged with having assatilted Charles M'Carthy. Charles M'Carthy, a carter, said that yesterday afternoon Milward called upon him for assistance ; and he and two others went up with him towards the Globe ; prisoner ran out of the Globe as they approached, into the swamp, and lay down ; witness went to pull him out, when prisoner drew a knife and tried to stick him ; he cut his hand, and "jobbed" at him with the knife, cutting witness in several places; prisoner got up and knocked witness down ; prisoner ran to Chaplins' house, and witness after him; they both tumbled up against the door, and Chaplin took up a chair to strike witness. By the prisoner—l did not strike yon. By the Court—l was quite sober; It was about an hour after dark ; I was lying down in my bunk when Milward came ; 1 don't know prisoner, and never spoke to him before. William' Bennard, a labourer, corroborated the evidence of the prosecutor. The prisoner said that on his way home he had been set on by three men and kicked and beaten about. The Bench decided that, while the use of the knife was wrong, yet it was evident that had M'Carthy and his mates left Smith and his wife alone, they would have gone quietly home. Case dismissed.