Magistrate's Court.

Oamaru Mail, Volume XX, Issue 6361, 16 September 1895, Page 2

Magistrate's Court.

THIS DAY. (Before Major Keddell, S.M.) BREACH OF THE PEACE. William Collins was charged with using behavior whereby a breach of the peace was occasioned, on September 7, in Exe street. Mr Harvey appeared for accused who pleaded not guilty. He also appeared for Michael Condon, who was similarly charged, and applied for an adjournment until to-morrow Condon not having arrived from the Kurow. His Worship declined to grant the adjournment in the case of Collins. John Fitzgerald, licensee of the North Otago Hotel, knew accused, who came to his house on September 7 about 11.30 p.m., in company with four other youths and hammered at the door. Witness went to the door and told accused he could not come in. Accused had a supplejack in his hand which he struck witness causing "injuries to hia hand. Collins was sober. Witness got the door closed him. To Mr Harvey : He only saw one stick. He had no doubt that it was Collins who struck him. He did not know if it waei heavy stick that Collins had—he did not wei«h it. It was not as big as a clothes prop. This closed the case for the police. Mr Harvey submitted that there was no charge to answer. The offence must be committed within the hearing of passers by, and there was no evidence to show this. -William Collins denied having struct Fitzgerald or interfered with him in any way. To Sergfc. O'Grady : Patterson, Condon, Tripp and Familton were with him. Hi himself was not perfectly sober. It was about 11.30. He stood a couple of yard' off the door. They were all together.He did not know who knocked. Hodid not have a supplejack that night; he had one during the day, but threw it away. He had picked it up, but only kept it ahout half an hour. He did not fives false name when asked who was there. He did not know who broke a window near the door. He heard it smashed, but did not know who by. His Worship reserved judgment, pending the hearing of the other cases. , James Familton was charged with wantonly disturbing John Fitzgerald by knocking at the door of the North ot«K° Hotel, under ciicumstances as aboTe detailed. JohnTitzgerald gave evidence as before. To Mr Harvey: Familton said he old not know who broke the window. "• offered to let Familton off if he found out who broke the window. Mr Harvey submitted that there was w evidence to identify Familton with N» knockina. His Worship concurred. There was n» collective section under which he cow convict the accused or he would havedonj so. It was evident that admittance n» been demanded at improper hours, M there was nothing to show wlw individual was responsible for the knoc • in?. The information would therefore w dismissed. .y The further cases were adjourned uw« Monday next.