MAGISTERIAL.

Lyttelton Times, Volume XLVIII, Issue 5226, 19 November 1877, Page 3

MAGISTERIAL.

OHHISTOOUEOH. Satcedat, Nov 17. (Before Ot, L. Hellish, Esq., B M ) DauHKEHKESB.—Thom*e Tanner was fined ; Margaret Oatobpolo Was remanded for medical treatment. Assault William Petley, on remand, was charged with haring violently assaulted bis wife, oooaiioning grievous bjadßyw® Mr Izard appeared lor the defence, :>omice Constable Brody said on Nov 8, he'wWtflslled to the Kingston Hotel, and from; What he learned he arrested ooooted on the charge of having violently assaulted bit wife with a tomahawk. 3?he woman was lying in the hotel with her head bandaged up, and witness had her removed to the Hospital. There was a great deal of blood outside the hotel. On the way to the watoh-bonse accused said " I believe she’s killed," and further on be said “ I suppose I'll be bfeagad." He was quite sober.’ The tomahawk produced was obtained from one of the .witnesses in the oasq. Mrs Bariev, who onaocountofherewessive weakness, was allowed to bo seated, said on Nor. 8 about six in the evening she was paesingdo wnthe Colombo road, and saw her husband standing at the door of the Kingston Hotel. He earn? and asked her if she know what be wip gob* to do, and then struckher on the.tomof. the head With a tomahawk, after *hfOb she remembered nothing more until she found herself neat *ay in the where she was’ still 6 'pWwfc 01 “*®J/ 3 b *2 rho treatment she had received- g“J had bosn Kg at the White Horse, Mr Garland s h« total F"*- 4 ‘ pta

for lII#. m»bindortheSQndßy<nlitht,-batho-thea &SWM&WBSSS examined the witnosi rotative to the burning fto] whioh jooiiplainant :«$ hef husband lived, to the endeavour tolhow that the' aaianlt wm not altogether unprbvoked. Witness' said on August 10 ehe ob&alned a protection order. Her husband on one occasion chased her about with a knife, and of oouno she ..did. not afterwards go where he was. She did not think be had reason, to Complain of her oonduot with other men.Mr IzardasKed further questions, tending to show that complainant had been unfaithful to her hatband, an allegation. which was, ati onoe denied, At this stage bis Worship said that While he did not for a moment desire to" iptegfere with Mr Izard, he oonld not see what possible effect some of the question! relative to the fire could have on the case. Henry Kershaw, barman at the Kingston Hotel, deposed to hearing accused say that if his wife came down Colombo street again he would do for her,'and on .being* asked what he meant he said ho would kill her, He told witness; his wife had burned him oat onoe, and that he knew she was going to burn him ont again, but before 12 o’olook the aext day ha would shoot her with this (pointing to his breast). He then said that she had wronged him, and be thought by killing her he was doing justice to his country. In reply to a question, he said he had taken the consequences well into consideration, that he knew he would hang for it, and that as soon ae he had done it be would give himself up to the police. Accused then helped himself to a glass of water, and looking out of a window, said ’* Oh, my God 1 she's here.” He rushed out of the bar and witness jumped over the counter and followed him, and saw him strike his wife with the tomahawk produced. A few minutes after, accused said “I told you I’d do it,” After the first blow, witness ran in for Mr Johnson and saw no more. When accused pointed to bis breast, there was something bulky, and he said he had a revolver, but refused to show it. Accused stack to it that il was a revolver he bad. Witness did not see where accused got the tomahawk from, but there was no such weapon in the bar. There could have been no quarrel, for witness followed him instantly, and heard nothing. George Herd, a horse driver at the Cbristohuroh Railway Station, deposed to seeing aooased coming out of the hotel with the handle of the shingling hammer or tomahawk showing under his waistcoat, and before witness could interfere the woman was struck three times on the head. Witness secured the tomahawk, and sent for the police. At the third blow the woman fell down insensible,-and witness picked her up. He heard no words between the parties, and the man did hot appear to; be tipsy. Aooased subsequently told witness he intended to kill his wife, and to give himself up, and be quietly accompanied witness into the hotel to wait for the police. Floyd Col lias, house surgeon at the hospital, deposed to receiving Mr a Petley as a patient on Nor 8. There were four scalp wounds, three on the top of the head, and one on the b*ob, each about an inch and a half long, and cutting' down to but not'injuring the bone, with the • exception of ono of them, where the bone was slightly chipped. She wae at present a patient and witness would like her to return to the hospital. There was want of consciousness, but it was as much duo to drink as tain* jury. There certainly was not much ebook. Did not at any time consider the wounds of a dangerous nature. With the weight of the tomahawk produced, it was strange the wounds were not more severe, and witness held, that they could not, from their incised nature have been inflicted with the hammer end of the tomahawk, as had been stated. One might have been so made* but the three others must have been produced with the edge. Mr Izard hoped after the statement of the do ter, his Worship would deal with the case. His Worship said that the man’s intentions having been so definitely stated, the case could scarcely be dealt with (now, and' therefore he would , send the case for trial. Accused was then formally committed to take hie trial at the next session of the Supreme Court, bail being refused, on aocount of the very decided intentions: expressed by the aooased.

LIITHFIHLD. Thuebdat, Not 15. (Before 0. Whitefoord, Bsq., R M.) DEHKKBNHB3S. —R. Ashworth and B. Dalzell were each fined 20s and costs. Cattle Tekspass.—John .Lester, charged with allowing cattle to stray on the railway lino was fined 10s and costs, with a caution that should such occur again, a heavy penalty would be inflicted.—Gillespie, cattle wandering at large, w,'M.tosod 10s and costs.—Alexander Ramsay, charged with a similar offence, was fined 5s and costs.—-William Dobson, charged with grazing cattle on the public roads, was dismissed with*a caution. ■ " Slaughter house Licenses. Licenses were granted to Samuel Coleman, of Springfield, and to Lee Bros, of the WaikarL Civil Oabbb.-—J. White and Co vJ. O’Shanneisy; claim, £5. Case withdrawn at the request of the plaintiff.—T. H. Emairs y A. J. Chapman ; claim, £33 Os Bd. Judgment for £2B Os Bd.—Sanie v Joseph Stewart; claim, £3lO/1. Plaintiff non-Duitod.

TIMARU. ' Bathbdat, Not. 17(Before B. Woolloombo, E<q, R.M.) • Assault. Daniel Boss, charged with assaulting his wife, wos remanded till Monday, bail being allowed, himself in £IOO and two sureties) to £SO each.