RESIDENT MAGISTRATES' COURT.

Lyttelton Times, Volume XX, Issue 1164, 1 December 1863, Page 4

RESIDENT MAGISTRATES' COURT.

CHRISTCHURCH.—Saturday, November 28. (Before Joseph Brittan, Esq,, R.M.) ATTEMPTED SUICIDE AND INFANTICIDE. Alice Fyfield was brought up on remand on the above charges. The Resident Magistrate remarked that there being two cases, he must deal separately with them. The evidence as to the attempt to destroy the child with malice aforethought was too slight to support the charge, it would therefore be dismissed. The prisoner on being asked if she had any defence to oifer on the other charge, replied that she had no intention of destroying either herself or her infant; she was under the influence of liquor at the time, find had accidentally slipped into the water. The Resident Magistrate, in a feeling address, remonstrated with the prisoner on the enormity of the offence with which she was charged. She had had a very narrow escape, not ouly of losing her child, but also of appearing unbidden before her Maker. She had stated that the occurrence was an accidental one; as there appeared to be no evidence sufficient to support any other view of the matter, he was willing to extend to her the benefit of her plea. He hoped that the past would be a lesson to her, and that she would not again repeat the rash act. The prisoner, who seemed to be in a state of great mental suffering, and who was crying bitterly, g& ve the required promise, and the case was dismissed. Monday, November 30. (Before Joseph Brittan, Esq., R.M.) Edward Jackman was charged with being the owner of two horses which were found wandering at large. . Defendant pleaded that the horses h%d broken oui

of the paddock. One of his horses had an " adaptation" for breaking loose. The Resident Magistrate remarked that the defendant should take measures to prevent such an "adaptation." Fined in the minimum penalty of 5s for each horse. E. Allen was fined 5s for having a bullock wandering at large in a public thoroughfare. John Birdsey was charged with being intoxicated whilst driving a vehicle in a public thoroughfare. Mr. Cowlishaw appeared for Mr. Peacock, the prosecutor in this case, and Mr. Duncan for the defendant. Mr. Peacock being sworn, stated, that on the day of the flower show, the defendant, who was evidently intoxicated, was driving at a dangerous pace in the immediate vicinity of Kohler's gardens. The witness subsequently went to the British Hotel, and could most certainly state that the defendant was

drunk. By Mr. Duncan: When I went to the British Hotel, defendant, who was very much excited, stated in answer to a question from me with reference to the accident, that lie wished that both the horse and man had been killed, as the driver was on the wrong side of the road. E. McKyvett stated, that he saw the defendant on the day of the flower show, driving a vehicle. Witness was also driving a conveyance towards the gardens, whilst the defendant was coming from the same place. Witness, who was going slowly on the wrong side of the road, saw the defendant coming along at a furious pace. A collision ensued, and on witness remonstrating with the defendant, the latter told him that it served him right. The defendant was decidedly drunk, and very much excited. By Mr. Duncan: I formed the opinion that the defendant was drunk, from his general appearance, and from the language which he used. The occurrence only occupied a few minutest George Hollingsworth stated that he saw the defendant near Kohler's gardens on the day of the flower show. About 4.30 he was driving rather hard along the Lincoln road. From the pace at Which the defendant was driving, witness thought that he must be " a little on." Witness explained that by this expression he meant that the defendant had had a glass or two. Seymour Hall deposed that between the hours of two and three p.m. he was in the company of the defendant, who was quite sober. Witness was in the dog-cart of the defendant at the time when the accident occurred. The defendant was perfectly sober when witness parted company with him about 4 p.m. E. S. Dalgety stated that on the day of the flower show he was in the parlor of the British Hotel with the defendant about 3 p.m. This was after the accident had taken place. The defendant was a little excited, but witness was decidedly of opinion that the excitement did not arise from drink; on the contrary the defendant was, in the opinion of witness, perfectly sober. The Resident Magistrate remarked that as the evidence was so unsatisfactory, it was impossible to sustain the charge of drunkenness; the case must therefore be dismissed. There was another charge against the defendant, viz., that of furious driving on the same occasion. Evidence having been adduced both in support and in refutation of the charge, a discussion ensued in which the Resident Magistrate and the counsel both for the plaintiff and the defendant took part with reference to the specific nature of the offence with which the defendant was charged. The Kesident Magistrate observed that after careful consideration of the evidence, he could arrive at no other conclusion than that the defendant, though not proved guilty of absolute recklessness or criminality, still had been driving at too rapid a pace, taking into consideration the nature of the thoroughfare, and its crowded condition at the time of the occurrence, which was a day of public festivity. A fine of £1 would therefore be inflicted, with costs.

TlMAßU.—November 24. (Before B. Woollcombe, Esq., R.M.)

ASSAULT. James Gilson was brought up charged with assaulting one James Lemon. Mr. D'Oyly, solicitor, appeared for prisoner. John Tucker stated: Yesterday I was in the Royal Hotel. I heard some loud talldng. I went to the bar, and I saw prisoner making an assault on James Lemon, whom he knocked down and then struck. Mr. Green then went in and interfered, but prisoner again struck Lemon, who is a cripple. Prisoner appeared drunk. He assaulted several other persons as well. Examined by Mr. D'Oyly: Lemon was not making any noise, but there was fighting going on at the time prisoner struck him. Mr. Green prevented prisoner from leaving the room after the assault. Prisoner said, " shut the door and let them have it out," and made use of some disgraceful expressions. Priwas drunk at the time. By the Court: Prisoner first assaulted Lemon. James Lemon: I was in the Royal yesterday. I was playing at bagatelle with another party, and prisoner interfered and wished to fight me. Before I knew where I was he struck me and knocked me down, and being a cripple I was unable to recover myself. He then took me by the hair and gave me some very severe blows upon the head. I can only recollect one assault. Examined by Mr. D'Oyly: I did not lose any money to prisoner that I did not pay him. I suppose the reason he struck me was because I am a cripple. Prisoner had been trying to kick up a row all tlie afternoon. Lazarus Lyons : I was in the Royal yesterday ; I saw prisoner strike Lemon, and Mr, Green parted them. I did not see the second assault. I saw him hammering Lemon's face when he had him down. I saw prisoner rush at Mr. Green. Green tried to part them. When they were got outside, prisoner again tried to come into the house. Charles Green: I was in my house yesterday afterday afternoon, and saw prisoner assault Lemon. I parted them twice. I saw prisoner strike others. I put him outside; he then burst open the door, and used some vile language. Cross-examined by Mr. D'Oyly: I do not know the cause of the assault. The men were not mad drunk. I believe prisoner did charge me with creating the row. I know he blamed me for not allowing him to fight in my house. At the time of this assault there was no other fight going on. ' By the Court: I sent my servant for the police, and gave prisoner in charge. Mr. D'Oyly made some remarks for the defence, observing it was only a drunken spree, and proceeded to callJohn Vercoe: Yesterday hearing a noise in the " Royal," I went in and saw nearly a dozen men fighting. Hughes and the prisoner were having the worst of the fight. I thought the others were assaulting them. I am not aware that any person prevented the prisoner from going out. I saw a man on Hughes who is prisoner's brother-in-law. Prisoner was lighting on the verandah. I took him inside for protection. The prisoner was committed for one month with hard labour, A further charge of assaulting and resisting the police in the execution of their duty was preferred against the prisoner, to which he pleaded guilty, and he wag fined £5, or one month's imprisonment. Upon the third charge, for riotous conduct in the Royal Hotel, to which he also pleaded guilty, he was fined £1, or forty-eight hours' imprisonment. The prisoner is well known at the Police Court at Timaru. ASSAULT. Two men named Butterworth and Sutcliffe were charged with assaulting a man named Hughes. Spencer A. Percival stated as follows: I am a flockowner residing at Timaru. About four o'clock yesterday afternoon I was leaving Messrs. LeCren's store with Dr. Levy. We heard a noise outside the Royal Hotel, and went to see what it was about. When I got there I saw the prisoner Butterworth on the top of a man named Hughes, beating him and kneeling on hjs chest. I went to find a policeman, and as I could not see one I sent a boy to the station. When I came back prisoner Butterworth ivas going into the house with his shirt tarn. Hughes wgs theft standing on the verandah, and Sutcliffe rushed'to him, knocked him down, and jumped on his head and chest. 1 tried to get him away, and with the help of other persons we got Hughes into the house. The policeman then came up, and I gave the prisoners in charge, but they were not taken as the policeman said he had no authority as he did not see the assault, and that I must lay an information and take out a summons. I went over to the Resident Magistrate and did so. John Tucker: I saw both the prisoners knock Hughes down and kick him; after Butterworth left Sutcliffe again attacked him. By the Court: Hughes was very much injured in the eye, and bad nine severe cuts on the temple and cheek. Joseph Lowenthal, sworn, said: I did not see the beginning. I saw Butterworth laying on top of another man, who was all over blood. Prisoner was striking and kicking him. Dr. Butler, sworn, said : I am attending the man Hughes. He is suffering from cuts and bruises on the facie; a wound on the forehead and on the chin. He complains of severe in his chest, where he

says he was jumped upon. There is not much danger if he js kept quiet. 11 isoners, in defence, said that they were first assaulted, and that they were only acting in selfdefence.

•J? 1 # R , fc ; si f e f nt Ma sistrate said it was a curious sort of self-defence, and that he considered they had committed a very serious assault ou Hughes He also said that it was the duty of the constable to have apprehended them when given in charge by i -j an d fit any rate they ought to have laid the information themselves and not have left it to a private individual. The prisoner was sentenced to two months hard labor.