RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 443, 28 September 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. I\uiki:k, Ksq., K.M.) LARCENY. Charles Brookes was charged with having, on the 23rd inst., stolen from Mary Barker the sum of Llo 10s Gd. Sub-Inspector Smith prosecuted, and Mr. O'Meagher appeared for the accused, who pleaded Not guilty. His Worship dismissed the case for want of sufficient evidence. the .sTAiir.ixc: case. John M'Auslau was charged with having, on the Uisr.li instant, wilfully and maliciously wounded Richard Richardson, with intent to do grievous bodily harm. Sub-Inspector Smith conducted the prosecution, and Mr. O'Meagher appeared for the prisoner. l)r. Carland deposed that he knew Mr. Richardson. He attended him on the morning of the 2()'th. Mr. Richardson had an incised wound over the left eye. Considerable force must have been used to cause it. It must have been done with some sharp instrument. The knife (produced) might have made it without the knife being open, either by the heel of the blade or the brass mounting. It was possible for the wound to be made by the blade. On the night of the 25th he Mas near his omii house, and heard cries of, ''Police, police." He saw two men running up the stteet, the prisoner was one of them. Mr. Richardson asked him to look at the wound, which was bleeding freely. Several people had arrived by this time. 'lhe piisoner said Richardson must have fallen down as he could easily have lun away from him. The prisoner then called their attention to the stars, and "bolted " down the embankment and across the railway line. Cross-examined by Mr. O'Meagher : The I wound was not dangerous unless erysipelas I set in. It was about an inch long. I

Richard Richardson was examined, but we have published in a previous is*ue the particulars of his evidence. In cross-ex-amination to Mr. O'Mcagher, witness stated that the prisoner did not aopear to be drunk, but had a curious look about him. Edward Roland stated that Mr. Richardson had no wound on him when he left the hotel on the night of the 25th. Constable Joyee gave evidence as to arreting the prisoner on the morning of the 25th, iictween three and four o'clock. He took him to the Royal Hotel, and Mr. liichardson identified the prisoner as tho man who had stabbed him. Mr. O'Meaghcr thought the charge of cutting and wounding could not be sustained. The accused had declared to him

that he did not remember having the t\|«| in his hand, but was most positive it Bj| not open. He thought the case could Mbe dea't with as ore of common asnault. fli Mr. Richardson here addressed the I'-cHJ ;, saying he liad no desire to proßß for a hmß* sentence. He had thought it )uh dutjB * prosecute as a warning to the prisoner. |1 Uia Worship thought that there wa|jr premeditated malice, but the primmer B* expressed no regret, and h:i«l cudcavnifi to escape. The blow migh* have turned B fatally, or by the lons of eyesight, tofl person attacked. B The prisoner was committud for tritk'Jß, the I 'iatriet Court on a charge of coiutß asault. ;j Hail was allowed : prisoner, L4O ; and fil sureties in L2O each. ll