MAGISTERIAL.

Lyttelton Times, Volume XCIII, Issue 10650, 10 May 1895, Page 3

MAGISTERIAL.

- • CHEISTCHUEOH. Thdkbday, Mat 9, /Before Mr A. Scott, J.P., and Mr G. W. Enessll, J.P.) Biting a Nosb.— James A. Selfe was charged with having on April 30, at Peterborough • Street, with intent to disfigure, wounded Sylvanus James Partridge by biting off part of his nose. Mr Donnelly appeared for the accused. Inspector Broham called the prosecutor, who deposed that on the date mentioned ho met the accused in town and wont with hiin to a house in Peterborough Street occupied by, * woman named Callaghan. They took some liquor with them, and witness afterwards went out for some more. About four o'clock the accused wont to bed, and shortly after called for a gloss of water. Witness took it to accused, who after getting it seemed to get angry. He seized witness by the beard, and in the struggle that followed bit off part of his noee, and also pulled out some of hia beard. Witness went next day to the hospital. At the time accused had had rather much Honor, but witness was all right. Nelly Callaghan deposed that in the afternoon Partridge and Selfe had been quarrelling. They were both drunk. To Mr Donnelly; Partridge assaulted Selfa twice, first by knocking him down in the kitchen, and afterward! by dragging him off the had. Dr Campbell, who was in temporary charge of the hospital on May 1, stated that he remembered the man Partridge being brought there. Ho was suffering from a bito, which had removed the lower portion of his moidj Ho had evidently had a severe blow on the upper left eye-lid, and had had part of hia beard pulled out. Partridge would be disfigured for life. Detective Maraack deposed to occuaad giving himself up to the police oa May l. He made no complaint aa to any injuries he had received, and did not hear any outward marks. This closed the case for the prosecution. Accused was cautioned, and Mr Donnelly addressed the Bench. Ho draw the attention of the Bench to Section 6 of the Criminal Code ■Act, and submitted that Partridge had been the aggressor, and the accused was quite justified in rapalling force by force, and violence by violence. He called Dr Moorhouse, who stated that about last Thursday witness examined the accused. His legs had had patches of skin taken off, and thare. was e. bruise on hia cheat. - There wore also scratches and bruises on hia face and on hia arms. The accused also gave evidence, stating that Partridge had assaulted him three times. On the third occasion witnesses lying on the bed, when Partridge came in and said, " You’ve pulled my beard out,” and then Struck him. They rolled over together oh the floor, and in the scuffle the mischief was done. B. J. H, Carew stated that he had known the accused for over thirty years. Prom what witness knew of him he was not likely to commit an assault such as this, except under extreme provocation. To Inspector Broham: Pot the last ten or twelve years the accused had been rather addicted to drink. Accused was committed for trial at the next session of the Supreme Court. Bail was fixed, the accused in his own surety of JSSO, and two sureties of £25 each. Alleged Assault and Bobbery.— Hetty M’Gregor, James Miller and Eobort Johnston were charged with having, on May 3, assaulted John Davis and robbed him of a purse, JEI, and a Waterbary watch, total value & 210 s. Inspector Broham said that the prosecutor was still in the hospital unable to appear. He was suffering from a fracture of the cartilage of the throat, and, under the circumstances, he (Inspector Broham) would ask that the man’a evidence might be taken at the hospital. If anything happened the man would lose his voice, and they would be unable to go on with the case. Dr MurrayAynsley stated that the man was suffering from a fracture of the thyroid cartilage. Statistics showed that there was danger in these cases. In reply to a question from the Bench a* to whether tho following mor:r» ing would not suit aa well. Inspector Broham said ho would not feel safe in having the case ad journod till then. The case was taken at the hospital in the afternoon, before Mr G. Tombs, J.P., and Mr J. Gapes, J.P. Inspector Broham conducted the” prosecution, and Mr Donnelly appeared for tho accused. John Davis, the prosecutor, deposed that ha was a labourer, and had recently been workin,, at Timaru, Ha came to Christchurch oa° May 2 by ' tho express, and left his swag at the Groavenor Hotel. Ho went up the street, and saw tho two male prisoners near the New Zealander Hotel. Ho stopped for a little while at a fish cart there, and Johnston, whom he had met before, asked if ha wanted lodgings. Witness replied “ yes,” and Johnston said that tho girl who kept tho boarding-house was a very young girl. Tho three then went to the honro, which wrb about half-a-mile from the Now Zealander Hotel, and Johnston went in first. This would be between twelve and one o’clock at night. Johnston then came to the door, and told witness to come in. Witness then went in, and tho girl (the other prisoner) said “ it was jSI to board there.” Witness gave her .iSI, and she showed him into a bedroom, Miller and Johnston remaining in the kitchen. The girl told witness she wanted to get rid of “those other fellows,” as they wanted some baev. Sho asked if ha had anyinoney to get some beer, and witness gave her another dJI, Witness and the girl then went out for tho beer, and while they were going along the street Johnston came alongside, with his hat pplled down over his eyes. Witness, hearing a step behind, looked round, and before he could do anything Miller seized him by the throat, and he then got a tap on the head which knocked him senseless. Ho could not say how long ho‘was unconscious. , When ho came to ho called for the police. He found that bis watch and hia purse, containing a .£1 note, were !;one, and hia watch chain wgs hanging omo oa hia vest, which was open-

Detective Benjamin, came up shortly after witness called for the_ police. Witness went with Detective Benjamin to fcha : female accused’s house on Friday morning, and saw her there. The two male prisoners witness saw at the Police Station, and recognised them from among a number of other men. At the time the assault toot place witness was sober, having had about three g-ksses_ of beer previously. To Mr Donnelly: lb was a long time sffo that witness had seen Johnston at Ksikoura; how long he could not say. Ha could not say that the girl took nny active part in the assault, inspector Broham then applied for a remand. Mr Donnelly aaksd that the case might bo completed as soon ao possible. The accused were remanded till Monday, (Before Mr R. Weatcnm. J.P., and Mr H.E. Webb, J.P.) Cmfi Cases. Judgment by default with costs was given for plaintiffs m the following esses:—Christchurch City Council v. Mrs Emily Manning, claim £5 6n 4d, costa 13b ; Mason, Struthera and Co. v. G. Bull, 18s, costs 5o; E. E, M’Dougnll v. T. Dickson, £lB 8s 7d, costs 15«; A, Bullock v. O. Lahmann, £ls, coats 15b; H. Ohiolott v. Mrs Maria Hay, £9 loa ; H. Williams v. Mra Hay, 15s 9d, costs ss; R. Leaver v. T. Burns, £2, coats ss; S. P. Brown v. D. Campbell, £4 4s, costa 10s (Mr Deacon for plaintiff).—Church Property Trustees v. J. Kilburn, claim £15 13s 6d for rant. Mr Douglas for plaintiffs. Defendant admitted the debt, and judgment was given for plaintiffs with costs £1 7s Go.— J. O'Donnell v. J. Chancy, claim £S 2s. Judgment summons. Mr Johnston for judgment creditor, Mr Meares for judgment debtor, whose ability to pay was proved, and he was ordered to pay the amount within a month, in default three weeks’ imprisonment. —J. W. Swift v. J. Chaney, claim £9 7 a Id. Judgment summons. Mr Deacon for the creditor; Mr Meares for the debtor. Ability to pay was proved. The debtor was ordered to pay the debt and costs within a month, m default one month’s imprisonment.—G. Harris v. E. Dumphey, claim £ll 16s. Judgment summons. Mr Deacon for judgment creditor. The debtor did not appear, ■ and he was ordered to pay the debt and costs within a week, in default six weeks’ imprisonment. —D. Strsnaghan v. T. S. Sibbald, claim £l4 16a 6d;judgment summons. Mr M’Gomiel for the judgment creditor, Mr Bruges for judgment debtor, who waa examined at length in regard to his means. Ho was ordered to pay the debt and costs within a weak, in default seven weeks' imprison-ment.--J. Euntin v. Mrs J. Lewis, claim £3 17a for coal supplied. Mr Beattie for plaintiff, Mr Stringer for defendant. It was not proved that the defendant had a separate estate when the debt was contracted. Plaintiff was nonsuited, with costs. —J. Bush v. J. Mazay, claim £5 4a, for painter’s wages. Mr Beattie lor plaintiff, Mr Byrne for defendant. Judgment was given for plaintiff for £1 13s, with costs. —Edith James v. W. J. Hoddinott, claim £2 9s for wages as domestic servant. Mr Beattie for plaintiff, for whom judgment was given for £1 12s lid with costs. The following cessa were adjourned:—E. Gainsford v. Munro and Son, £2 12a sd; Adams, Cutties and Co. v. J. Sexton, £3 9a 4d; J. B. Hutton v. J. Peckover and ~K. F. Beading, £43 2b ; H. G. Sheppard v. T. S. Sibbald, £52, till May 16; T. Meyer v. H. S. Drummond, claim £SO, till May 23; E. J. Arlow v. H. Berry and Co, £6O, till May 30. ,