MAGISTRATE'S COURT.

Lyttelton Times, Volume XXX, Issue 2376, 4 August 1868, Page 3

MAGISTRATE'S COURT.

CHRISTCHURCH. Monday, Adqdst 3. (Before T. W. Maude, and A. Back, Eaqrs.) Lunacy.—Patrick Walsh, a prisoner at hard labour, in the City gaol, and stated to be l of unsound mind, wag examined by Messrs Coward and Powell, and committed to the Lunatic Asylum on their joint certificate. , Dbdnkennkss.—Annie Driscoll, who was charged on Saturday with having been drunk and disorderly, but remanded in order that steps might be taken for having her admitted to the Female Home, was again brought up. Inspector Pender said arrangements had been made whereby she could be received at the Refuge in a month's time, but not earlier. The Bench remarked it would be necesßary to provide for her safe keeping in the interim, and she would be committed to gaol for the period required. Jf she objected to becoming an inmate of the Refuge, she would be committed to gaol for three months, Prisoner accepted the former sentence. Assault,—i rank Mountain was charged with having violently assaulted Mr W. U. Barnard. Mr W. Williams for the prosecution. Prosecutor said defendant, who had

been in his employ, came to his repository between one and two o'clock on Thursday last in a cab. He was accompanied by several others, and was in a state of intoxioation. He entered the repository and commenced to create a disturbance. He would not leavo when ordered to do so, and prosecutor went to fetch the police. Defendant followed and overtook him at the comer of High street, where lie struck him violently on the fide of the head, and then took off his hat and coat, challenging prosecutor to fight. Prosecutor took up a stoneito defend himself, when defendant also seized one, but a friend caught hold of him, and took him home in a cab. He had discharged defendant on the previous day, in consequence of having neglected some horses he was told to attend to. In cross - examination prosecutor said he spoke to defendant before entering

the repository. The cab in which defendant bad come was standing in front of the entrance, and he merely asked defendant what lie had brought a lot of drunken men there for. A witness, named Carter, was called, and gave corroborative evidence respecting the assault in High street, and J. Spinks deposed to seizing defendant, and taking him home in a cab. A charge of using violent and abusive language on the day after the assault, was also preferred aeainst defend-

ant. The prosecutor (W. D. Barnard) said on the day named defendant came to the repository and demanded a settlement of bis wages. Prosecutor told him to come when he was sober, but he began to swear very violently, and said lie would "do six months for prosecutor," and did not care what the Bench fined him, for he would have satisfaction. Prosecutor considered this to mean that defendant would do him a serious injury for which he would be committed for six months to gaol. He followed prosecutor about the yard, and when the latter left to fetch the police, he went into the office and abused the clerk. Prosecutor was in bodily fear of him. Cross-examined: He had not settled with defendant because he did not know how the accountß stood. The clerk had charge all such matters. Defendant was not given to drinking, and he had not seen him intoxicated previous to a day or two preceding the assault. The last time defendant asked in a'sober state for a settlement prosecutor gave hi'rn a cheque for £6, and told him he would pay the remainder on seeing how the accounts stood. He did not wish to press for the defendant to be punished, but merely to'be bound over to keep the peace. Prosecutor's clerk proved defendant entering the office and using abusive language. Defendant pleaded drunkenness in extenuation, and that he had always discharged his duties to prosecutor's satisfaction before this disturbance. He was not given to drinking, and would not touch it again. He knew nothing about the assault until informed of it next morning. If prosecutor was frightened of him he would leave the province at once. The Bench imposed a fine of 20s for each offence, and ordered defendaut to provide sureties of himself in £SO, and two others of £25 each, for bis good behaviour during the ensuing twelve months. Breach of the Peace,—Patrick Mc Guire, on remand, and Stephen Moon, were charged with this offence, by taking part as principals in a prize fight, and Christopher Dalwood, Charles Turner, James Gatherer, Christopher Taylor, John Spinks, and James Kearney, with the same offence, by aiding and abetting at the fight. Henry Feast, detective of police, said: On the 29th of last month, from information received, I went out to the Riccarton road. I saw between forty and fifty people on the Road Reserve near the Plough Inn. I saw all the accused there, and spoke to some of them. Gatherer came towards me on the road. He wanted to know what I was about, and commenced chaffing me. I think lie said the fight was only for love. I said it had better be stopped,as it would not do. The crowd then went on towards Riccarton; I followed them to Webb's hotel on the Riccarton road, and afterwards to the Racecourse. I saw all the accused there, except the two principals, whom I thought I saw riding away. I then ascertained that the fight was over. The people were scattered when I arrived, but I should think there were about fifty. John Fox said: lam a publican residing in Christehurch. On the morning of the 29th of July I saw prisoner M'Guire standing at my bar in the Prince of Wales Hotel. Moon also came up to the door on horseback. He asked for a glass of beer, and was served with it. I did not hear anything about a fight, but I heard Moon say " If you will come round to Barnard's at two o'clock,

I'll talk to you." McGuire said something, and a conversation ensued, but I could not tell what about. I do not recollect hearing

the word " fight" at all. I afterwards went out to the Biccarton Road in the expectation of seeing a fight, but I had not the slightest knowledge of whom it was to be between. I did not know that McGuire and Moon were 'going to fight, but I.heard something to that effect. I never heard anything about money. Thomas Haskett said: I live in Tuam street, Christchurch. On the 29th of last month, I saw a crowd going up towards Biccarton. I followed to the racecourse.

I saw the prisoners McGuire and Moon, who were sparring. They had no gloves jon and must have been fighting. It was nearly over when I arrived. 1 could not say how many rounds were fought after my arrival. I have seen men fighting before. The men were striking each other. Prisoner Moon was bleeding, but he was marked before the fight. I did not see a knock down, but they caught hold of each other, wrestled, and fell. When thev got up they sparred again. This would be a round. I saw two or three rounds. I believed it to be a drunken spree. I have seen

schoolboys shape in much the same way. Moon and McGuire were striking at each other, and I expect they were fighting. I beard they were sparring to decide which was the best man. There were seconds and a bottle holder. I eaw accused Gatherer holding Moon on his knee. Dalwood was iu the ring, and I saw Turner holding a watch in his hand, i heard him call out time, and I suppose he was the timt-keeper. When time was called, the men were seated or standing against the kneel of their seconds. _ Gatherer was one of the seconds. I saw Spinks in the ring. I am not aware that he was one of the seconds. I did not hear him apeak, or see him take any part in the fight, or encourage the men. I do not recollect seeing Taylor, but Kearney was preseut looking on. Some one said the police were coming, and the crowd disappeared, Moon and McGuire riding away. The fight was not concluded. There was between forty and fifty persons present. There was no row, nor muoh noise during the fight. I saw the police coming when the crowd dispersed, by Gatherer: I saw you handle Moon. I could not say_ how many rounds were fought after my arrival. There was not a ring made. I saw a man holding McGuire, but I do not see him present. By Spinks: I went up to the racecourse ■ with six or seven others in a cart. You were one of them. 1 knew all the others but you. The fight was going on when we arrived, and did not last long after. I did not see you take any active part in the fight. By Inspector Tender: I did not hear any betting, nor see money change hands. By tlie_ Bench: The men fighting were dressed in shirts and trowseri. I believe Moon had one black eye when I saw hira at Dilloway's, before the tight at the Racecourse. I could not say whether both were black. 1 have seen prize ring» before, but they had ropes round. There were no ropeß around the ring at the Racecourse, which was only formed by the people standing round. The rounds that were fought would perhaps occupy 4 or 5 minutes each. None of them lasted a quarter of an hour. A minute was allowed to elapse between each round. When I saw Moon at Dilloway's, it was to the best of my belief before the fight; I knew then that he was going to fight with McGuire. Myself and the others in the cart went to the Racecourse in the expectation of seeing a fight. James Alfred Selfe, said: I am a gentleman residing in Christchurch. On the 29th of last month I saw the tv/o prisoners, Moon and McGuire, I fighting near the Racecourse. There were fifteen or sixteen rounds fought, but 1 do not know what for. I did not hear any bets laid. I do not know where Moon and McGuire started from. I did not hear the men i challenge each other. I saw Dalwood at the fight, but he did not to my knowledge take ' any prominent part in it. There was no ; attempt to form a ring, the crowd only kept

clear of the men, as they fought on the grass. I saw Turner present, He waß timekeeper a part of the time, and I was the remainder. I saw Gatherer present. He was Becond for Moon. I don't know who was second for MeGuire, He is not present, I saw Taylor looking on at the fight, as also was Spinks. They were not taking an active part in it. I did not see Kearney present. I should think there were between forty and fifty persons at the fight. There was no noise. I should not call it a prize fight. There lmd evidently been a quarrel, and the men went out to settle it. Ido not know the origin of the quarrel. I did not hear of the fight being for £loa-side. Samuel Clark: I am a carpenter, residing in Christehurch. On Wednesday last I was passing along the Riccarton road, when I saw two men fighting. I do not know them. I did not go ,on purpose to see a fight. I think M'Gnire was one of the men fighting. That is nil I know of the affair. No evidence was called for the defence, and the Bench retired to consider then decision. Oil returning into court, prisoner Moon said on the day before the fight, he saw M'Guire striking a man who had fallen and hurt his leg. He interfered, and M'Guire struck him. They exchanged some blows and then separated. He saw M'Guire the following day at the Prince of Wales, and told him to come round to Barnard's, when they would arrange to settle the quarrel. That was the sole origin of the light at the Racecourse. Prisoner McGuire made a statement to the same effect. The presiding Magistrate said the Bench had very carefully considered the case, and thought that the offence would be fully met by bringing it in as a common assault. Moon and MeGuire would be fined £5 each, and have to find sureties, themselves in £SO each, and two sureties of £25 each, for their peaceable behaviour during the next twelve months.

Turner and Gatherer would each be fined £ 2 for aiding and abetting. The other defendants would be dismissed, but the Bench would still caution them that all persons looking on or taking part in a prize fight were equally culpable and amenable as if actively engaged as principals, and liable to severe punishment.