RESIDENT MAGISTRATES' COURT.

Lyttelton Times, Volume XXI, Issue 1188, 26 January 1864, Page 5

RESIDENT MAGISTRATES' COURT.

CHRISTCHURCH.—Saturday, January 23. Friday, 22nd January. (Before Joseph Brittan, Esq., R.M.) In consequence of the numerous charges on the police sheet, the civil cases were first disposed of. None of them, however, were of any importance. disturbances on the race course. Henry Jones was brought up charged with the above offence. It appears that the prisoner, who was very much intoxicated at the races, had challenged some persons to fight, and had created a disturbance on the course. He was conveyed to the lock-up, from which he was bailed out. _ . Mr. Oakes, who appeared for the prisoner, admitted the offence. The Resident Magistrate observed that it was very important that the public peace should be preserved on similar occasions. The prisoner would be fined 20s. , John Peters, Martin O'Neil, Joseph Elliot, and John Mancham, were charged with a breach of the Race-course Ordinance, clause 3, by crossing the course during the races. The Sergeant Major having stated that the stewards of the races did not wish to press the charge, the cases were dismissed. VIOLENT ASSAULT. Patrick Flaherty, John Forde, Michael Forde, and John Ryan were charged with this offence. John Coe stated: I am in partnership with Mr. Bruce as licensed carriers. I left the racecourse on Thursday evening last between 6 and 7 o clock. The prisoners were passengers in my cart. I am not sure of the identity of the prisoner Ryan, took them as far as Dilloway's. When I got there I asked them for the fare, which was refused. One of them thrust his fist in my face and said that was the only payment which I should get from him. When I came out of Dilloway's I saw the other prisoners, who were violently ill-treating a young man named Singlehurst, who is in my employment. I hey were kicking him savagely as lie was lying in the road, I went to pick up Singlehurst, and was struck by John Forde and knocked down. I struggled to rise, and was attacked by another of the prisoners. All the prisoners came up to me and assaulted me. I was again knocked down; I got away from them and mounted the driving box. They rushed after me and attempted to pull the man off the seat who was holding the reins in my absence I endeavored to drive off, but Flaherty and John Forde laid hold of the heads of my horses, and detained me at least 20 minutes. After a while they let go their bold oi the horses, and I proceeded to Christchurch The mark on my face was occasioned by a blow which J received from one of the prisoners. On my way U Christchurch I met a constable. I turned back witt him, and, having found and identified tlie prisoners gave them in charge. Singlehurst was lying on th( ground when I first saw him. He was greatly injured by the violent treatment he had received frorr the prisoners. I and Singlehurst were quite sobei thp time. The prisoners were not intoxicated 1 a i;h1« oWatwl T t?ave then

they might have been a nine eievaieu. x mc... no provocation beyond asking them for the fare. I told them that if they gave me their names I did not care about the money at that time. Thomas Singlehurst stated—l am in the employment of Messrs. Bvuce and Coe. On Thursday tot I was in Mr. Coe'» cart; the prisoners F1 aherty, M. Forde and J. Forde were passengers by it. When we came to Dilloway's, I asked them for the fare. They to pay me, stating that the horses were knocked up, and they were not satisfied !. went and told Mr. Coe, who said that he would enter their iamesinhisbook. One of thefntmm > tookJ old of my coat collar, sa}'i»« "We »':m There were some others present besides the prisoners. One of them knocked me down, and the others kicked me (whilst I was lying on the road) from the horses' heads to the back of the waggon. They all kicked me ; I identify three of the prisoners, but I am not sure as to the identity of the priso c »y • I besought them to spare my life. One of them U Relieve Flaherty) kickei) me violently, on die 1 became insensible, but just before that too P ' t remember the prisoners striking who came to my assistance. They knocked him dow , kicked him across the road. I am now suffering severe pain in almost every part of my body the treatment which I received. After y kicked me in the manner which I have described, they jumped upon my chest. A man named Ge' came to my assistance, and he was also very mu maltreated. Henry Free came to my. re ® c "® ; he was on horseback; they pulled him off his horse, and brutally assaulted him also. lam incapacitate from doing my work from the injures inflicted upon me. I gave them no provocation at all; I was quite sober. I saw that the prisoners were inclined to make a disturbance, and I was resolved not to do anything which might provoke a quarrelpositively that Flaherty kicked me on the head aig jumped upon my stomach. lam quite pertain as tc

the identity of Flaherty and the two hordes. I think Ryan was one of the party, but I will not swear to the fact. John Free was called, and state! that his son Henry Free was now seriously ill from injuries received by him in the fray. His eye was nearly cut out, and lie was confined to his bed. On the application of the Sergeant-Major, the case was remanded until Monday next, in order to procure the attendance of Henry Free. The prisoner Ryan was released on bail on his own recognisance. Francis Beech and Alfred Smith were charged with having obstructed the entrance of the race course by leaving a cart there. It appeared that Mr. Lance had ordered the cart to be removed. The prisoners having refused to ] take it away, they were given into the custody of the Sergeant-Major. The prisoners pleaded that they could not have acted otherwise than they had done. The Sergeant-Major having stated that the stewards did not wish to press the charge, the prisoners were dismissed with a caution. INSUBORDINATION. Loftus Robbins was charged under the following circumstances: — Mr. H. B. Johnstone appeared for the prisoner. — Gordon stated that he was a gardener, working in a section belonging to Mr. E. 8. Dalgety. He went to cut some branches off the trees growing near the store of Messrs. Dalgety & Co. The defendant refused him permission to cut the boughs, saying that there were other persons besides Mr. Dalgety who were empowered to give orders. W. B. Buller, in answer to Mr. Dalgety, stated that he was aware that the latter gentleman had given Robbins notice to leave the service of the firm, and that he had also addressed a note to Mr. Buckley stating that he should refuse to allow the wages of Robbins to be charged to the firm. Robbins had not left the service of the firm as ordered, but still continued in their employment. E. S. Dalgety stated that he had given the prisoner written notice to leave. He refused to do so, and was still in their service. The witness had since learned that Mr. Buckley had ordered Robbins to remain. The Resident Magistrate: Then you ordered him to do one thing, and Mr. Buckley ordered him to do another? Witness: Exactly so. Mr. Dalgety put in the deed of partnership between himself and Mr. Buckley, but the Resident Magistrate refused to admit it. Mr. Johnstone remarked that it was impossible for j Robbins to decide how he was to act. One master had ordered him to pursue one course, the other a different one. The Resident Magistrate considered that one partner had a right to discharge a servant who was objectionable to him. It appeared that Robbins had not been guilty of any criminal act, though his conduct might have been reprehensible in remaining in the employment of the firm after he had been discharged by one of the partners. If Robbins chose to remain in the store against the wish of one of his employers he was liable to be removed by the police. The case must be dismissed, but he (the Resident Magistrate) considered that it was lamentable to see two gentlemen, who were associated in a business of such a character as that of Messrs. Dalgety and Co , squabbling over the acts of their servants. (Before Joseph Brittan, Esq., R.M.) DESERTION. James Driscoll and William Kelly were charged with having deserted from the ship Tiptree, now in Lyttelton Harbour. The prisoners, who admitted the offence, were remanded to Lyttelton. DRUNKENNESS. Thomas Malony was brought up under the following circumstances. The prisoner, who was a groom in the service of E. J. Wakefield, Esq., had been very drunk and disorderly on Tuesday last He pleaded that he had a great affection for the Peer, which had been sold on' that day. By way of mitigating his sorrow at the animal, he had taken too much drink. It was proved that he was nearly mad through intoxication and had had a very narrow escape of his life, as the horse, who did not seem to reciprocate his partiality, kicked him on the forehead, inflicting a severe injury. It having been proved that the prisoner was ordinarily of a very quiet and inoffensive disposition, he was discharged on his promise not to offend again. ® -Kir ~ T.vtt.mr OR

Monday, January 25. , (Before Joseph Brittan, Esq., E.M.) drukenness. John Johnstone was charged with having been Jrunk and disorderly. Fined 10s. ASSAULT. Michael Forde, John Forde, Patrick Flaherty, and John Ryan, were brought up on remand, charged with having committed an aggravated assault. The witness, Free, who was so severely injured by the prisoners, being unable to attend, the SergeantMajor applied for a remand until Thursday next, which was granted. . 1 The prisoner Ryan, with rcspect to whose identity some doubt exists, was discharged. It was stated in Court that Free, the man above alluded to, is still confined to his bed, and i 3 in a precarious condition. Mr. Moorhouse attended to watch the case for the prisoners. BREACH OP POLICE ORDINANCE. William Hichens, Samuel Jones, and John Renfrey, were charged with having bathed in a public place, viz., the River Heathcote, near the wharf. , „ , t , , , The prisoners admitted the offence, but pleaded that they had done so in ignorance. They had been working hard all night, and went to the river toll avt a swim. They had frequently bathed in the same place on previous occasions. Several other persons were bathing near the same spot. The prisoners were dismissed with a caution foi the future. MATRIMONIAL SQUABBLE. William White was charged with having ill-treatec hl Mr lf Moorhouse, who appeared for the complainant, applied to have the defendant bound over tc keep the peace towards his wife. The summons not having been personally server upon the defendant, the case was adjourned to enabh that to be done. , . . This is not the first time that the parties liav< appeared before the Bench. TIMARU.— Wednesday, January 20. (Before Geo. W. Hall, and 11. Belfield, Esqrs., J.P.'s WILLIAMS V. MITCHELL.—ASSAULT. Sergeant James sworn, said: I was sent for las night about 11 o'clock to the Timaru Hotel, as heard plaintiff (the landlord) was being nearl; killed On arriving there I saw plaintiff coverei with 'blood. He said he had got the de&ndan turned out. I went outside and saw him agains the back door in his shirt sleeves. Williams gav him in charge, and I took him to the station house. John Melton sworn, said: I was at the Timari Hotel yesterday evening. I saw prisoner there wh was very offensive. He struck the landlord severs times in the passage, and the police were sent foi He had been kicking up a noise all night. Samuel Williams corroborated the above evidenc< and defendant was fined £2 and costs.