RESIDENT MAGISTRATE'S COURT. This Day.

Evening Post, Volume XIII, Issue 127, 31 May 1876, Page 2

RESIDENT MAGISTRATE'S COURT. This Day.

(Before Messrs. J. -H. Wallace and C- C. Graham, J.P.'s.) DRUNK AND DISORDERLY. John^Carey was charged with having been drunk and disorderly. Be pleaded guilty. It appeared that atl o'clock this morning Constable Wagland's attention was called to the fact that prisoner was making a great noise near the Bethel, in Herbert-street, and he arrested him. He was drunk, and abused his wife very much. Mrs. Carey stated that prisoner went home at 8 o'clock last night, and began abusing her and using very bad language, and in his rage he broke a pane of glass in the windows She had to prefer a similar charge against him before, but hoping that he would mend his ways she had forgiven him. Sergeant Monaghan stated his belief that prisoner was already under a bond to keep the ! peace. v The case was remanded "for a week in order that enquiries might be made by the police. DRUNK. Alfred Arney pleaded guilty to a charge of drunkenness. As he had been convicted before he was fined 20s, or in default 48 hours' imprisonment. LARCENY. Charles Smidt was charged with stealing a pot of jam, valued at Is, from Mr. Grey's shop. Prisoner pleaded not guilty. The case was remanded till to-morrow, in order that a Norwegian interpreter might be present. ASSAULTING A CONSTABLE— A PECULIAR CASE. John Staudford, was charged with haying been drunk and assaulting Constable Stuart in the execution of his duty. He pleaded not guilty. Constable Stuart deposed that at half-past 7 o'clock last night he was called on by some of the settlers at the Hutt to arrest the prisoner; on the previous night a charge had been laid against him by his wife for smashing a clock and other things in the house while he was drunk ; at that time she was afraid prisoner would murder her, but now she had told witness that she withdrew that charge ; witness on going to their house last night found prisoner and his wife drinking- together, and acting in a very disorderly manner; witness arrested him and took him to the lock-up, but he got so violent that witness had to put the handcuffs on him ; subsequently witness went into the cell, when prisoner struck him on the hands. Prisoner — " Good Heavens I" Constable Stuart continued his evidence. He knew prisoner to be a regular loafer at the Hutt ; he was always drunk, and would never do any work; he had been turned away from Biddiford's, where he had been lodging. Prisoner— When you came to my house to arrest me, what was it for ? - - Witness— You were drunk. Prisoner — Did you not say that you arrested me for turning my little girl out, and refusing to allow her to come back ? Witness — You said that if your child went back again, you would kick her out; she was afraid to go hack. Prisoner — You arrested me, you said, for turning the child out of doors. Now, when you got me to the lock-up, didn't you throw me into the cell like a dog ? Witness— Yes; I threw you in because you were violent. Prisoner— Did my wife tell you that the child had told stories, and deny that I turned her out of doors? Witness— Your wife said she didn't know anything'about it. Prisoner — Didn't my wife go to the police station? - Witness— Yes. Prisoner— And did she not object to my irrest? . Witness — She was drunk as well as yourself; in fact, she is just as bad as you are. Some of the settlers took me to your place. You kicked up an awful row on the evening before.Prisoner — After you had locked me up in that place, and. my wife denied that I had. turned my child out, did I not try to make you understand that you had no right to take a child's evidence in preference to that of a grown up person ? Witness — I took no notice of what you said. Prisoner — And didn't you handcuff me because I tried so to convince you. Witness — No. I handcuffed you because you were violent. Prisoner— And when I asked you to take the I handcuffs off me, didn't you pummel me and ! kick me under the ear ? (Prisoner exhibifed a nasty bruise on his left ear.) . Witness— No. I did not kick you. Prisoner— Then, where did I get this cut 1 Witness-^I don't know. When you are drunk you get awfully excited; last night you knew what you were about, but you were very violent. (To the Bench)— He is always drinking, if he can get the liquor by any means; •while he was in the lock-up, he said he would either burn down the place, or take his own life, or do me some injury. Prisoner — That is not true, and you know .very well that you kicked me under the ear.' Mrs. Standford was then called — She stated that prisoner had never turned the child out of doors, or threatened her. They had two children, and he was a good father to them. Constable Stuart — Did he not smash your goods? Witness — Yes, but I withdrew the charge. Stuart— Are you his wife ? Witness— Yes. Prisoner — What did the constable say he arrested me for 1 Witness — You were arrested simply because the child told some men that you had turned her out,- which was a lie. The men told her to go fora policeman, and Stuart came and took you away as if you had been a dog. Stuart— Had you had any beer when I arrested your husband ? :

"Witness — Yes,. I always have a little of something in the house. Prisoner — You are certain that he "arrested me for turning the child out of doors? Witness — Yes. Prisoner — Not for drunkenness?" N Witness — No, certainly not. You Were not drunk. ~ ■ Prisoner — Did you go to the station and tell him that your word ought to be taken before that of the child? "Witness — Yes. Prisoner — Yesterday morning did I threaten to send the child to a reformatory ? Witness — Yes, you told her she would have togo by the first train. " Prisoner — Do you think that frightened her and made her go away? Witness — I do not. Prisoner — Did J ever strike her ? Witness — Not that I remember ; it was very rarely at any rate. Prisoner — Is she a true-spoken child? Witness — No, she is not. Constable Stuart — I had to put the woman out of the police station because she was not sober. < Mr. Wallace — Is the child here ? Prisoner — No. Constable Stuart has her at his house, and would not let her come down this morning to speak for herself, although I asked him to do so. He certainly arrested me for turning her out, and not for being drunk. The fact is that it was market day at the Hutt yesterday, and he must have been drunk himself, or he would not have treated me as he did. If your Worships will remand the case, I will bring Joe Eades here. He held a candle in the lock-up while Stuart kicked me. Mr. Wallace — The Bench are of opinion that there is not sufficient evidence to substantiate the charge against you^ but as you yourself press for a remand, and as you have made a charge against the constable, the Bench will adjourn the case till Thursday next, and you will be released from custody in the meantime on your own recognizance of £50 to appear on that day. You will then have an opportunity of substantiating the charge you have made against the constable of ill-treating you. Prisoner asked what he should do if Eades would not come. Mr. Wallace said that if the man were summoned to appear, he would have to do so. Case adjourned to Thursday, Bth June.