RESIDENT MAGISTRATE'S COURT.

Marlborough Daily Times, Volume VIII, Issue 1940, 23 August 1886, Page 3

RESIDENT MAGISTRATE'S COURT.

Saturday, August 21, 1886. (Before Mr John Allen, R.M.) DAMAGING I’RomtTY. Mrs Ann Veal was brought up on remand, charged with maliciously destroying the property of Mr Al x Le Bas at Grovetown. The prosecutor said he was in bodily fear of the woman, and be asked that she be bound over to keep the peace. Sergeant White eaid that Mrs Veal had been pronounced perfectly sane by two medical men. His Worship inflicted a fine of 20s and costs for the malicious injury, and ordered her to pay L 4 damage ; to find two sureties oi LlO e cli to keeps the peace, or in default, suffer three months imprisonment. ASSAULTING A BLIND MAN.

James AndriU was charged with assaulting Thomas Elsmore, a blind man, by striking him in the face with a •whip. The complainant appeared in Court with a black eye. Mr M’Nab appeared for the defendant, Sergeant White prosecuted. Witucs?c3 were ordered out of Court. After Sergeant White had opened the case Thomas Elsmore was called. He said he lived at Grovetown. Was totally blind. Had not seen daylight tor seven years. Knew the Commercial Hotel in Grove Road. On the 18th August he went there to ask for some money the son owed him—Ll for a whip. lie asked Mrs AndriU for two pints of been She said, “ I will give you one but will not serve Lucas.” Lucaß said he would pay for it. Then there was some altercation about a house, when AndriU set on to Lucas with a big stick. Lucas said “ All right, pouud away.” AndriU then struck witness in the face with the handle of a whip saying, “ You , there’s one for you,” Witnoss gave Audrill no provocation.

Cross examined.—llia dogs were quite harmless. Used no filthy expression to Mrs AndriU ; might have done so after he was struck, he did not know what he was doing thou. Only had two half pints of beer before lie came to the Commercial Hotel. Was quite sober. Lucas was not drunk though he had been drinking. Ho used no bad language. Henry Lucas, laborer, said the altercation commenced about the shifting of a bouse. AndriU asked him when he was going to pay for some timber, and witness replied when the house was shifted ; Andrill then broke a stick over witness’ back. Elsinore Baid, “That’s too bad,’ when Andrill turned round and hit him a blow in the face.

Cross-examined—-Was quite sober. Ho bail only had two half pints of beer with Elsinore. II any bad language was used at the Commercial he would have heard it.

lie-examined—No one else except Mrs Andrill was present. This concluded the ease for the prosecution.

The following evidence for the defence was called by Mr M'Nab

Andrew Henderson deposed that lie was at Andiill’s Hotol on the 18th September. He saw Elsmore, but not Lucas. When Elsinore asked for some beer, Mrs Andrill told him he bad had quite enough. He asked again. She refused and Elsinore Used filthy language to her, Andrill came out at onco and told Elsmore to go, and in putting him out Elsmore got struck. Elsinore first struck at Andrill and hit the gaslight. Thero were three young children present. Cross-examined—Lucas was ontside. He did rot see Lucas assaulted by Anrlrill The blind man struck Andrill with a stick, and then Andrill struck him with the whip—the thick end of the whip Mrs Andrill deposed that on the day in question she served Elsmore and Lucas with a half-pint of beer each. Andrew Henderson was, to the best of her knowledge, in the bar at the time. Elsmore was in the bar by himself at cue time. ; Lucas had gone oiUside. After he had gone Andrew Henderson came in. She refused Elsmore any more beer, a 3 she thought he had had enough. He then used a filthy expression. Iler husband came out and asked him if he was not a dirty man to use such language in front of his wife and little girl Thero were three little girls present. Elsmore struck at her husband, and it, was not udsi 1 then that he struck the blind man.

Cross-examiued—Lucas, Elsmore, and Henderson were togcllier in the bar. After the assault Mr Andrill sent for the police. Ilh did not strike Lucas. No words passed between Lucas and Mr Andrill about the cottage while Elsmore was present’ He made use of the expression before the drinks were called for. Mr MoNab —You have mixed her up, Sergeant.

The witness went on so say the exprrssii n was used after the drinks were called for.

Re-examined—The altercation about iho cottage took place before Ibis. The lad lrnguago had nothing to do with the cottage. They sent for the police to take both the men away. By the Court—Mr Andrill did not strike Lucas. It was the son who put Limns out,

J imes Anhill, the defendant, gavo j imilar cvi(Un:;e. The assault was committed in tbe.heat of the moment in conHsqucnco of the filthy language used to Mrs Andrill. lie was afraid of Elsmore's •1 'g, and woull not like to put him out. His Worship had no doubt’ that (hero wis great j revocation given, and he would take this into consideration and w iuhl (100 him IDs, with costs 21s, and witnesses, cxp< uses 83.