RESIDENT MAGISTRATE'S COURT.

New Zealand Times, Volume XXIX, Issue 4273, 30 November 1874, Page 3

RESIDENT MAGISTRATE'S COURT.

Saturday, Novehbeb 28. (Before J. C. Crawford, Esq., R.M.) ASSAULT. —A WOMAN'S QUAT.KEL. Mrs. Hebberlet charged Mrs. Allison with having assaulted her on the 26th instant. Mr. Allan defended the prisoner. The complainant deposed that she wa3 a married woman, but held a separation order against her husband. On the evening of the day mentioned, Mrs. Allison rushed into her house and commenced * abusing her, ultimately knocking her down, and bruising her arm. She accused her of .having enticed her (Mrs. Allison's) husband away from his home. Mr. Allison had lodged at her house while his wife was in Auckland, he having at the time some of his ribs broken. Another lodger was living in the house at the same time. Edwin Clarke stated that he was working in his garden on the evening in question. Hearing a great noise ha looked over the fence, and saw a lodger of Mrs. Hebberlet's putting Mrs. Allison outside the house. After she had been ejected she threw stones at the windows, breaking them. The prisoner was usino' very bad language. Paetro Buenda, an artist, said he lodged at Mrs. Hebberlet's. Was in the parlor on the evening of the day named. Heard a noise, and went into the passage, where he saw Mrs. Hebberlet getting up from the floor. He put Mrs. Allison out of the house, whereupon she commenced to break the windows, using very bad language whilst so engaged. Another charge, for wilful destruction of property to the value of 45., was brought by the complainant against the prisoner. The charge having been proved, Hi 3 Worship said he considered the conduct of the prisoner as most intolerable. She must be taught to control her outrageous temper. As the infliction of a fine would fall upon her husband, who, he believed, was a hard-working man, he would bind the prisoner to keep the peace for three months, herself in £2O, and one surety of £2O. ANOTHER ASSAULT. —A STRANGE CASE. William Hobbs, John Harris, and Godfrey Jeffrey, were charged by David B. Aymesbury with brutally assaulting him on the previous evening. The complainant's eyes were blackened, hi 3 face scraped in several places, and his nose broken. Mr. Ollivier appeared for the complainant ; Mr. Allan defended the prisoner Hobbs. David B. Aymesbury stated that ho arrived on Thursday by the Albion, on his way to Wanganui. He found some difficulty in finding hotel accomodation, but eventually engaged a room at Prosser'a Hotel. The room contained two beds, but he engaged it exclusively for himself. He retired to bed at 10.30 p.m., but about one in the morning was awakened by some person knocking at hi 3 door, who requested him to clear out. Presently the person outside was joined by several others, amongst whom he heard Mrs. Prosser, who requested him to open the door. He considered that as he had hired the room for the night he had a perfect right to refuse anyone admittance. Heard Mrs. Prosser say they could get in at the window by getting a ladder. Hobbs entered by the window, seized complainant by the shirt collar, and dragged him out of bed. A struggle then ensued, resulting in Hobbs getting the worst of it, and asking to be let out of the room. In letting Hobbs out seven or eight persona rushed him, knocked him down, and bruised his head, legs, and chest ; they also bumped his head several times on the floor. Mrs. Prosser then told * him to dress himself, and clear out. After he had been thus severely beaten Hobbs challenged him to fight, which he declined. He had placed hia watch and pocket book under his pillow. When dressing, found hia pocket book, but missed the watch. Cross-examined by Mr. Allan: Arranged for a room, not a bed. Called the barmaid's attention to the fact that clothes were in the room, but was told by her that she knew her business, and that she was sure the room was for him alone. Paid her Is. 6d. for the room. Remembered Hobbs saying, " If you won't let me in, give me my things." He objected to do so. Remembered Mrs. Prosser telling him he was in the wrong room. He was angry at being disturbed. Saw Hobbs getting in at the window, and advised him to go away. Did not get out of bed and attack Hobbs. When dragged out of bed by him, struck him, knocked him down, and threatened to throw him out of the win-, dow. As soon as the door was opened, he was rushed by seven or eight persons. Complainant was then interrogated by Harris, as to whether he could swear he was there and had assaulted him. The complainant believed he was there—it was his impression, at any rate—and if so, he had assisted in the assault. He could not recognise Jeffrey. His Worship then discharged Jeffroy. Mr. Ollivier called Mrs. Prosser, who deI posed that she was the wife of James Prosser, proprieter of the Crown and Anchor Hotel. The prisoners had been staying at her hotel for a short time. Remembered tho disturbance on the previous night. As landlady, she had occasion to investigate the disturbance. Saw Mr. Hobbs at the door of his room unable to (jet admittance. She asked Mr. Aymesbury civilly to open the door of tho room he was occupying, telling him she was the landlady. He refused, and she then told Hobbs he might gain admittance by the back. In a little time heard a scuffle, and afterwards a noise as if a

man were being strangled. She then requested Jeffrey and Harris to burst open the door, which they did. Never saw any assault committed. The complainant was not rushed by number of men. All the prisoners were perfectly sober. The watch was found'in the bed by the housemaid when she went to make the bed in the morning. It was given to the police. Complainant, when he the bed, wanted a room, but she told him positively ho could only have a bed. Hobbs had been occupying a bed in the room for eight nights. He was a quiet, inoffensive, sober man. Crossexamined by Mr. Ollivier : "Was not present in the room when the watch 'was found. Was not in the room after the disturbance. The police had not made any inquiries up to the time the watch was sent to them. Harris was then discharged. He was immediately placed in the witness-box by Mr. Ollivier. He stated he was a theatrical agent, and had arrived in "Wellington two days before. Lived at Prosser's hotel since. The previous night he slept in a room leading off that occupied by Mr. Aymesbury. He was lying in bed when Mr. Hobbs tried to get into the bedroom he xtsually occupied. He stated lie wanted to remove his things, but the complainant refused to open the door. Hobbs then called the landlady, but she was likewise refused admittance. Hobbs then stated his intention of getting in by the window. After Hobbs had entered the room he cried out, and three persons burst in the door. Saw Hobbs rising from the floor. 4. man then rushed at Aymesbury, but witness took him off, and requested him to leave the man alone. Thought from complainant's manner that he had been chinking. Mrs. Prosser requested him to accompany Aymesbury to the door, andsee him into the street, as she was afraid he might assault her. He did so. Did not steal the watch, and knew nothiug about it till the morning, when it was in Mr. Prosser's hand. Hi 3 Worship said the prosecutor's evidence was distinct by itself, not being borne out by the witnesses who had been called oil his behalf. There was no doubt a violent assault had been committed upon him, but by whom did not appear. The affray had been brought on in a great measure by the prosecutor himself, in refusing admittance to the room when called on by the landlady. He would, therefore, dismiss the case against Hobbs, but would remit costs. ASSAULTING THE POLICE. Charles Andrew pleaded guilty to assaulting a constable at the railway station on Friday last. Several gentlemen, among whom was Mr. Elliott, testified to the prisoner's good character, and on his promising better conduct in future, His Worship discharged him with a caution. AN OLD OFFENDER. Charles McCarthy, an old offender, was sent to prison for fourteen days for indecent exposure on the Basin Reserve on Monday evening last.