MAGISTRATES’ COURTS.

Globe, Volume II, Issue 104, 30 September 1874, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, September 30. [Before C. C. Bowen, Esq., R.M.] DRUNK. Catherine Boyle, an old offender charged with drunkenness, was sentenced to three months’ imprisonment with hard labor as a vagrant. Archibald Knowles for drunkenness was sentenced to fourteen days imprisonment with hard labor. WIPE DESERTION. J. B. Rogers, arrested at Wellington, was charged with having deserted his wife Mary Rogers. Mrs Rogers stated that her husband left her in Christchurch in July last without any means of support. He had only sent her £1 since that time. She had sold nearly all the things she had, and had gone into debt to live. Defendant said that he had no intention of deserting his wife. He went to Wellington, as he could not get anything to do here. He was quite willing to support his wife, and would have sent her means if he had obtained work. He was willing now to support her if he could get anything to do. His Worship said he would remand the defendant for one week on his own recognizance, and he (his Worship) would then see what defendant had done during that time to make provision for his wife’s support. INDECENT ASSAULT. James Stewart, arrested on warrant, was charged with an offence of this nature. Mr Thomas appeared for the defence. Sergeant Kennedy deposed to the arrest of the prisoner, and to the female having told him (witness) the previous afternoon of the alleged assault by accused on Sunday night. In cross-examination by Mr Thomas—Sergeant Kennedy stated that complainant was locked up on Sunday night for drunkenness, and so far as he heard, she made no complaint at that time. The complainant gave evidence of the particulars of the assault, and stated that previous to this, prisoner had made her take some brandy, which he got at the City Hotel, and shortly afterwards she became insensible. When she recovered consciousness, she found herself in the lock up. After she left the Court on Monday morning, she made a complaint to her brother-in-law ; she also complained to the women who were in the lock up with her, and they said that, if she reported it to the police, she would be kept in prison for another day, that was why she did not report it at the time. She was certain that the prisoner was the man, and there was a tall young man with him when he first spoke to her. John Joyce stated that he was a distant relation of the caraplainant’s. She came to him on Monday morning, and said that the barman at the Boro’ Hotel had given her brandy and assaulted her. He called the barman out before a roomfull of people, and taxed him with this, when he said that he (witness) was mistaken. William Priston, proprietor of the Borough Hotel, stated that his wife drew his attention on Sunday night last to some person screaming in the paddock at the back. He went there, and found the complainant lying on the ground, nearly unconscious, with her umbrella at some distance from her.

By Mr Thomas—All I could understand from the complainant, when we returned, was that she lived in London, and “that her mother should have sent her 16,000 miles to get drunk,” She did not appear as if she had been assaulted. The accused was in bed at ten o’clock that night. He (accused) had been eighteen months in his service, and he had always found him a very respectable young man—and one not likely to commit this offence. The complainant made no complaint when he spoke to her that night. By Mr Inspector Buckley- She was not in a fit state at the time to make any complaint. Complainant recalled by his Worship—l was never drunk before in my life. The prisoner said that it was at the City Hotel he got the brandy that night. The witness Joyce, recalled by his Worship, said he had known the complainant for about four years, and had never known her to be drunk before.

Inspector Buckley asked for a remand for the production of the women to whom complainant had spoken of the assault in the lock-up.

Mr Thomas contended that there was no occasion for a remand, as the assault, so far as the evidence had gone, was most trivial. There was also evidence that the woman could have avoided the man if she liked that night. His Worship said that he should like the matter of the drink having been obtained and given to a woman whom it was alleged had never been drunk before, thoroughly investigated. He would remand the accused on bail. By Mr Thomas’ desire, his Worship heard the evidence of Benjamin Fielder, staying at the Borough hotel, who stated that he was with the prisoner on Sunday last at Sumner, where they had spent the afternoon, They returned about 8 o’clock, and then went up the Caledonian road and came back together. They went to the Borough hotel and retired to bed. He had never seen the complainant until the previous day, when he saw her at the hotel. He and the accused were not separated more than for five minutes all that night, and he (witness) sat on the accused’s bed while he undressed himself. The accused went to bed about nine o’clock. By Mr Inspector Buckley—The prisoner and I were parted only for about five minutes, and this was about half an hour before he went to bed. Complainant re-called—The last witness was with the prisoner when he first spoke to me on Sunday night, and when the prisoner went away with my umbrella this witness whistled after him. Joyce re-called, stated that Fielder had acknowledged to him having seen the complainant standing in front of the Borough Hotel on Sunday night. By Mr Thomas —Fielder and I have had a falling out about this, and a good fight. His Worship said he would like to have all the evidence obtainable, and would remand the accused until Saturday next. Bail would be granted in two sureties of £SO each. TRANSFER OF LICENSES. James Heath applied for a transfer of the license of the Valley hotel, from R. H. Chattaway. Application granted until next quarterly meeting of the Licensing Court. LYTTELTON. Tuesday, September 29. [Before W. Donald, Esq., R.M., and J. T. Rouse, Esq. J.P.J FELONIOUSLY WOUNDING. Charles Crawford, Master of the shipCathcart, was charged with maliciously wounding Christian Funk, seaman, belonging to the same vessel. Mr Nalder for defendant; Sergeant-Major O’Grady conducted the prosecution. Christian Funk, sworn, said —I am an A. B. on board the Cathcart. lam a native of Germany. I was engaged in London, on the 9th of June. We sailed from Gravesend on the 11th June. I recollect June 24th, I was on deck, my watch was from 4 to 8 a.m., when I went into the forecastle for my breakfast, I saw Campbell and Brown in the forecastle drunk, that was at 8 a.m. The chief mate came, and asked the men in his, the port watch, to turn to. I saw a bit of a disturbance between Brown and a man named Everett and the cook. We had a poor breakfast that morning, the cook said he could not make it better. The cook shoved Brown out of the galley, he fell down and cut his head. Brown was taken aft and put in irons. I was on deck at the time, afterwards I went into the forecastle. Rourke, the two McDonalds, a passenger named McKay, and Brown were in double irons, asleep. The McDonalds were in their hammocks, fast asleep. There was no row at all. I called the two Me Donalds, when I went into the forecastle. I said, come out of your beds, the captain is going to shoot into the forecastle. I knew the captain was going to shoot, because he ran to get firearms, and the mate told the passengers to come aft and get firearms. This was before I went into the forecastle. The door was shut when the McDonalds were dressing. It was only latched, it was not barricaded. This was the door on the starboard side. The door was forced open with capstan bars. I told the boys to come out, but they had no chance. I did not see the captain. I saw three shots fired. The door was open ope foot and one half, and then I saw the captain. The first time he fired he struck Rourke, with the second shot McDonald. I was then two or three feet from the forecastle door. I was not holding the door, I was trying to get out of the forecastle. The captain fired with a revolver, and struck me with the ball in the instep. The ball did not go through, it remained in the sole of the foot. The wound bled a great deal, and I suffered and still do suffer much pain. After being wounded, I was carried aft by some of the passengers into the schoolroom, and the doctor extracted the ball from my foot. All three shots were fired in about two minutes. 1 have worked since, but the doctor made me desist, as I whs suffering from the wound again opening. There were about seven men in the forecastle when the shots were fired. They were not fighting, but sitting quietly and talking, and the boys were dressing when the captain fired. 1 had taken no part in the disturbance that morning. Campbell, Everett, and Brown were drunk. I saw Rourke in the forecastle, Rourke was not drunk, he was dancing and singing ; he had a little paint stick in his hand, he may have had a glass, but was not drunk. The captain said—“ Look out, lam going to fire,” before he fired, and I stepped out of the way. The door was only fastened with the latch when it was burst open, as far as 1 saw. My foot was in the forecastle, and I was six feet from the door when the captain fired. I was standing against the bulkhead when the shot was fired. The captain did not speak to the men between firing the first and second shots. I never heard the men refuse to let the captain into the forecastle. Henry Hugh Chapman sworn, stated—l was surgeon superintendent of the ship Cathcart, on her passage from London here. I remember 24th of June last. Captain Crawford sent for me that morning. I went with him to the forecastle. He was armed with a revolver, and I saw him fire three shots into the forecastle. I saw through the door four men in the forecastle. I know Christian Funk. He was standing just behind the door trying to keep it closed. I saw him do it. i also saw him shot by the captain ; he aimed at his foot. After his foot was hit the door gave way, and we got into the forecastle. I attended him. The bullet passed through the dorsuu, and went into the sole of the foot. It was a little bullet, a conical ball, same as that usually used for revolvers. It bled a good deal. He was some time under my charge.

By the Bench —He was under the influence of drink that day. It is not true that he was some distance from the door. His foot was under the door when the captain fired. I do not know the nature of the fastening.

When the door was a little way open we could not get in. I think it was the body of Funk that stopped us, as when he was shot we got in easily. Eourke was not sober ; he had had liquor that morning, but he knew what he was about. The bottom of the door is about eight inches from the deck when it is opened, I came more than thirty miles this morning. Bobert McDonald, duly sworn, said—l am an ordinary seaman on board the Cathcart. I remember 24th June. I was in the starboard watch. 1 went below about eight a.m., and turned in about half-past eight. I went to sleep, and was woke up by a man named Funk. He said, get up, McDonald, the captain is going to shoot into the forecastle. 1 did get up. I was just out of my hammock when the first shot was fired. There was some dancing and singing in the forecastle. I saw McKay, Eourke, Funk, and my brother. Funk was three feet from the door. Eourke was singing, dancing, and shouting. I did not see who fired the shots. Ido not know if the door was closed. Funk ordered me into another man’s bunk. I heard Funk call out, “ You have shot me doctor, you have shot me." Funk was about three feet from the door, on the starboard side. I did not see Funk trying to keep the door shut. I did not see anybody trying to do so. I did not hear the captain speak at all. There was no disturbance except Eourke’s singing. Funk was a little the worse for liquor.

Edward French, duly sworn, said—l was an ordinary seaman on board the Cathcart. I have left. I remember the 24th June last. There was a disturbance on board. Eourke, Brown, and Everett, had been drinking. Everett was drunk, Brown slightly intoxicated, Eourke not. This was about 8 a.m , and by the time everything was quiet it was about 12 noon. I was in the port watch. By Bench—These were only ones that appeared to have been drinking. I saw Funk. He was in the forecastle. He was not drunk. Some shots were fired about 10 o’clock. There was not much disturbance. Brown, Eourke, Funk, McKay, and a man named Meade, were talking loud, I heard the captain speak. I did not see anyone take Brown aft. I did not see anyone trying to keep the door closed. I did not see the door except once—a quarter of an hour before the shots were fired, I saw the captain fire the two last shots. I jumped out of my hammock and saw the captain standing at the door with a revolver in his hand. I don’t think he said anything. I heard no one refuse to obey his orders, or say they would not go out. I heard Funk say to McDonald —“You had better turn out, because there is a row in the forecastle, and the captain has ordered the men out.” I saw McDonald shot. It was about five minutes after Funk spoke. The captain did not speak between firing the shots. I do not think Funk had anything in his hands. The captain was committed for trial, his solicitor, Mr Nalder, stating that he reserved his defence. FELONIOUSLY WOUNDING. Eegina by Eourke v Charles Crawford, master of the ship Cathcart. Wm Eourke said—l am an A.B. on the ship Cathcart. We sailed in June. I remember the 24th of June. I saw no disturbance in the ship that morning. I was off duty with a strained thumb. I was in the forecastle. I belonged to the port watch, and was on the port side that morning. I heard some shots fired by the captain between nine and ten that morning. I saw the captain fire the shots. Brown was there ; he was asleep at the time. McKay was there, the two McDonalds, and Funk. I was dancing and singing at the time. I had a stick in ray hand, used for stirring up paint for the ship’s use. The door on the starboard side was about half open when the captain pointed the revolver. When the captain came to the door it was latched, but not locked. It was not barricaded from the inside, I saw no one keeping “it shut, The captain could have got in by simply unlatching the door, I heard three shots fired. I was wounded in the right arm, and the ball penetrated my side. I was hit by the first shot. The ball lodged in the side. Dr Chapman extracted the ball two or three days afterwards. The wound bled much and when the strait jacket was on it made it worse, tearing the flesh from the wound. I was under chloroform when the ball was extracted. When the captain came forward there were about 100 passengers standing in rear of the captain three feet behind, and he had his officers with him. The captain did not speak between the first and third shots. There was not a minute between each shot. He fired as quickly as the chambers would revolve. I was the only one with a stick in my hand at the time. I did not hear the captain call on the men to go out before he fired. By the Bench—l saw no one attempting to keep the door shut. I had had some drink that morning, but was in possession of my senses. I was two or three feet from the door when I was shot.

Henry Hugh Chapman, examined said —I was surgeon superintendent of the ship Cathcart from London to this port. Remember June 24th. I went to the forecastle with the captain that morning, and saw Captain Crawford fire three shots with a revolver. He fired into the forecastle. I saw four men, Christian Funk, Wm. Eourke and two others. I did not know till the afternoon that he was wounded. That afternoon I went down into the lower lazarette where he was placed, and found he was wounded in the right arm and side. There was not much bleeding. They both appeared superficial wounds, and I was of opinion that the bullet had passed along the side. I did not then detect the bullet, but applied bandages and plaster that same afternoon. I had great difficulty in doing so, as he was very violent and using threatening language to the captain and chief officer. He had evidently been drinking. I saw him every day, and the third morning after the occurrence he stated he had a swelling in the back. I then examined him again and fancied I could feel a hard substance. I then put him under the influence of chloroform- and removed the bullet. It was a conical leaden one. He was ill some time afterwards and quite unable to work, I was almost touching the captain (about 6in off), when he fired. As far as I can judge Rourke was about 4ft off. I was not aware that Rourke was shot till afterwards. A short time before the shot was fired I saw Rourke flourish a stick, but cannot say whether he had at the moment the captain fired. Mr Nalder stated that he reserved the defence, and the captain was also committed for trial on this indictment. His own recognizance was accepted in £2OO in each case. DESERTION. James Dreary, a sailor on board the ship Taunton, was charged with this offence.

Captain Cochrane said the man had pretended to be sick, gone off duty, and at dinner time, when the men were below, took the lighter’s dingy, and escaped to the shore. Accused refused to go on boaid, and was sentenced to four weeks’ imprisonment with hard labor.