RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 432, 15 September 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Tarkbr, Esq., U.M.) ASSAULT. Thomas Desmond was placed in tl dock charged with having committed i assault upon Mrs. Johanna Oayney, Thames-street, last evening. The accused denied the charge. Sub-Inspector Smith prosecuted. Johanna (Jagney, wife of Mr. Jul Catrn< y, di posed that last night, abo seven o'clock, she was walking "P Thame street, and noticed a man following hu near ihe Alliance Hotel. SlO walked far as the Commercial Hotel, and on tur ing round s!ie again saw the man follo\ ing. Opposite the White Hare Hotel tl man came up to In r, and put Lis at round her neck. He was then Blaudii bei.ind her (witness). She becan frightened, and was moving towards tl road, when lie pulled her hack on to tl footpath. She sereamcu out and ft down. She then heard someone ruunii up the street. She thought Mr. Ligli holder came, and the prisoner ran awn A large number of people gathered roun The night was not very dark. When t man caught hold of hut* ho hurt lit having sqnei zed her very hard. In t 1 fall It. v licad came on the footpath, ni she <n>t t,e Idii" mark on her face. I

did not speak 1o witness. She had nov seen the man before.

To tho prisoner : I do not know wli thcr you are the man who assaulted in Willi.'iiii Lightholder, a labourer, d post (I tiiat he knew t' - e last witness. 1 passed a woman i«i Thames-street abo Half-past seven o'clock. This was libu half way between Goodf.dlows' and t inioceupied si ore owned by Mr. Gv&\ About live yards behind the woman man was walking vay rapidly. Witnc

ad waiked about three chains towat the town when lie heard a woman scroti ing. llu ran back as fast, as ho cnui and saw a woman lying on tho stro and a man Btaiiding about two ytu away from In r. The woman called t •' Catch him," and the man ran away war.is the town. Witmss ran ttfter t man, hut he could not catch him. T mill ran on as far as Goodfellows', n fined at the Mount Ida Boarding-hoi on a vacant s cuon. Ue could not swi to the man who ran away, but ho wc a light suit. It, could not have bi more than two or three minutes after pa-s,'d the woman and man until billot! i he screams.

William M'Cnskcr deposed that twoi ii 7 and hall-past, 7 o'clock last ni

:.e came out of Mankind's hotel. Wll lie got as far as Richmond's old stablos In aid a man calling out "Hold hi hold him." Witness then hurried up s'-e what, was the mallei', and had got far as the e .rner of Ribble-street wll he saw a man come round the Mount I 15oardiiu-hou.se, cross tiie street, and into Mrs Grace's Criterion Boardii house. lie did not see the man's fu 1 .Tit he was dressed in light clothes, was about ten or eleven yards oil'. Lig bolder cam • up, and he and witness wt into the Criterion Boarding-house. Tl had just got inio the passige when. I prisoner came out of one of the rooms « a-ked why they were running after hi Lightholdcr asked prisoner what ho h been doing to a woman up the street, ti prisoner said he lad been doing nothil Prisoner said, " Come and have ft drill I'll "shout for you; it's all right." 1 Lrghthohler said he wc.nld not lmvo drink, and went away. The prisoner \ out of breath when he came into I passage, and looked as though ho 1 been running. IJe believed prisoner \ the man he had seen going into tho boa ing-' onse. His Worship remarked that it was I oa*y to see what was the object of assault, whether it was robbery or whet it was with a more serious intent. Thot the evidence was pur. ly circumstantial I. ft at present little doubt of tho prison! guilt. He then asked the prisoner if had any witnesses to call in order to cl himself of the charge.

The prisoner said lie had no witnosi adding that the whole all'air was a myßt to him ; that lie had not, committed assault, and had not interfered with i woman.

II s Worship said that, in the absel of any rebutting evidence calculated! clear the prisoner of the charge circii stantiilly proved against him, ho cm only come to the conclusion that the \ sour was guilty. Ho could only 1< upon the matter as an aggravated assat If t iere had been evidence of the inti tion of the prisoner, lie would probal have sent, the c iso to a higher Court; I as no such evid nee was forthcoming, would deal witli the case summarily, h would go to the utmost limit tlio 1 a lowed him, in order to mark his set of the matter, and all'ord some protect! to females. If this sort of thing wi allowed to go on it would be iniposßi! for a female"to pass along the »treut» nf dark, and it was therefore necessary foi cluck to be put to buc'i conduct btfi the matter became more serious. T

prisoner would be ordered to pay a file L2O, inclusive of costs, or receive i months' imnrisonmeut. with hard laboui