RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 922, 31 March 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

TFi'SS DAY. i T, W. Parker. K.M., ai:d ><. h. Shtimski, Ksij., i hni'NK anu iusii:;!i;:i:i.v. i Henry Trac-y. charged witli having In; j ii drunk and disorderly in W ansbeck- ! hj! I'eet vesierday, was cautioned and dis:charged. | .M:VS .',' T. ; Martin ... . was charred with j having, on the 2"th insi., earric-.l iirearnis i without a license. i .Joseph IJ. Kert deposed I am the landlord i irt (he Royal Hotel. Tees-street. I recollect ■ : ■ ac.'used in fhe hotel on Saturday. | [fir was drinking with a man named Mee, i They hail some words together, and. as J i thought there was likely to be a row, I \ pushed the accused outside the green baize j door into the street. Soon aiter this I | heard a disturbance, and saw the prisoner i with a pistol in his hand. It was capped !and cocked. The prisoner said, "I'll | shoot you you . He was fiourishl iir_r tile weapon in such a y/ay as to lead [ me to go into the bar lest lie should shoot | me. i again put him outside the baize t door, and lie then left the house. I saw [ him again in the house in the afternoon, i was in the bar. I said lie was a coward to use a pistol instead o? his fists. The [accused said he carried the pistol for selfI protection. I then told him to go out. j Flo said, " I'll serve you the same way." j tie put his hand into his pocket as lie said [ so. and I could see he had the pistol in it. : I then sent for the police. I Constable King deposed: In consel<jiience of information received on SaturI dav afternoon, I went in search of the accused, and saw him coming towards ! i'chen-street from the direction of the ; iloyal Hotel. He then turned up Wharfj street, and when just round the corner, I ho threw the pistol up the bank, at the ! back of the English Church. When I ! asked him what lie had done with it, he | at tirst denied having a pistol, and afterj wards said, " Cannot a man carry a pistol in self-defence I then arrested him. I On searching him at the lock-up, I found [ powder and shot on him. I tried the pistol. There was no powder in it, nor cap on the nipple. The pistol was very rusty. I The Bench fined the prisoner L 5, the amount to be recovered summarily. LUNACY. j Joseph Allan was brought up under the j Lunacv Act. charged with wandering at t iarue and being unable to take care of i liimself. i He was remanded for further medical [ evidence. j I'.OBBERT with VIOLENCE. ! John Madden, on remand, was charged ! assault and robbery in Humber street on the 22t:d i:ist. \ Thomas Main, an apprentice, residing ; in O.imaru, deposed : 1 was in the house Jof my brother on the night of Saturday, the 22nd. between the hours of 12 and 1 r/ci<>ck p.m. I heard cries of " Murder," which came from the direction of Eden ] aticet. I went out and met two const a-

bles. They asked me if I had seen a mai passing. I said, " Yes. I thought i was Madden. I will not swear positive!; that it was him. I saw, the accused 11 Mrs. Grace's in the evening. He was then dressed in a - dark suit of clothes anc i light hat. The man who ran past ni< vvas°about the same height. I saicl ' Halloa, Jack," because I thought it wai he prisoner. To the prisoner : I will not swear tha' he man running past me was you. Constable Cameron deposed : I was or luty 011 Sunday morning, the 22nd inst. " was in front of the Commercial Hote jelween 12 and 1 o'clock. I heard crie* or help in the direction of Humber-street ' went towards the sounds, and fount Jollins at the corner of Eden and Hum )er streets, lying on his back, co\ere<. vith mud and with blood on his face, ] iaw the man running away. I followec lim. He proceeded up Humber-stree nto' Ribble-street; then he went dowt Thames-street in front of the Comtnercia 3otel. I lost sight of him at Lane'; lorner. W lien the man that was l mmin' lown the street was passing M'Lareu': >oot shop, I saw the last witness speak t< lim. I stopped the witness, and askec lim who that was that passed him. Hi mswered 1 ' Jack gladden. lien the ill 'ovulation was read to the ,accused, h< guilty to the assault. ' To the prisoner : I distinctly swear t< :ou bv your general appearance. The prisoner called, Alex. Johnstone, who deposed : I an andlord of the Commercial Hotel, ■emeuibcr the 22nd of X reinem ;>or seeing you at the Commercial on tin iveniiu; of that day. There was anothe: nan with you. I don't know his name i'ou were not drunk. You had a glass o ieer, and went to bed about 12 o'clock, .iofore that you and Maitland wen ,itting in the bar parlour. Cross-examined by Inspector Thompson Vccusod slept in the cottage at the back, Anyone sleeping in it could leave wliei hey liked. I could not say whether he vas in bed that night or not. Benjamin Collins, sworn, deposed : 1 un boots at the Commercial. I reinembei irisonor being at the Hotel on the niglii jf the 22nd. He was what I should call li-unk at the latter part of the evening. : could not say when I saw liim to bed. iVe both slept in the same room. I went ,o bed before prisoner. I last saw him ;tupidly drunk and asleep on the floor. Edward Emmet deposed : I reside in Jamaru. 1 remember prisoner and my:elf coming to town last Saturday "\\oek. A'c stayed at the Commercial Hotel. Prisoner was tlie worse for liquor. I had lot been in prisoner's company previous o this time. I saw Ben Collins go out to iliow prisoner a bed at the back. I would lot swear that I saw prisoner in bed. He vas pretty drunk. Cross-examined : I saw prisoner m the •com taking off his boots, I think, at ibout twelve o'clock that night. John Lloyd, sworn, deposed: I am a abourer, residing in Oamaru. I remember eeing prisoner on the 22nd. It was at Urs. = G race's. From there we went to V.'ilsoii's, then to Mrs Stewart's, and hen back to Mrs Grace's. Prisoner then Lsked me to go to Mrs. Gorman's, who, 10 said, was y, friend of his in Dunedin. iVe didn't stay there long, and went back o Mrs Grace's. I saw prisoner again hat evening, near Grace's corner, l't was •lose on 12 o celock. He was very drunk, le could not have knocked, me down. .John Francis Collins (the prosecutor) lepi '.sed : I will swaer that tho voice J icard un the night I was assaulted was h;ir of '.he prisoner in tiiu dock. E-iv.,r i: t Ijmiiiurr, ic-exaniined : Friiiiicr worked with mo eight weeks, and wived lAI f;s. The Bench ennmitred i'm.- prisoner to nke his trial at ilio next sitting of the 4uwv::iu Court,

laiKACi! OK I.K'KXSIXC oItWTXAXi-E. J. E. Smith, Duntrocn, was charged with an oii'ence under this Act. The Bench imposed the line of 20s. STJIAI H'SIISES. ?■!. Casey, of Xgapara, v.t.s fined bs for horses wandering at large oil the high road.