RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 434, 12 May 1863, Page 4

RESIDENT MAGISTRATE'S COURT.

Mosday, May 11th.

(Before A. Chetham Strode, Esq. K.M.)

. Drunkenness.- John Smith, Patrick Redc!dn, James M'liee, and John Allis, who had been in'custotly Bince Saturday night, were discharged with a caution; George Knight-and James Keegviri, - were each fined 20s, iv default of payment to be imprisoned forty-eight hours; and Ann Corinely alias Cox, wns fined L 2, or to he imprisonedthree days. Connelly was further charged with having no visible lawful means of support; but as it appeared (lint ."lie only left gaol on Friday night, after being- imprisoned two months on a similar charge, the Mngis,trate said he would give her another chance of leaving the town or leading- a reformed life.

Jaiaes Keegan was charged with using threatening language, calculated to incite to a breach of the peace. Constable Bei gin stated that on the previous night", when he was going up Walker-street, the prisoner came out of a house, and said to him; "Kowi've bfen the cause of sending one of your men to the Hospital, and it may be your fate, to ■, if you don't be off " Tha prisoner went in to the house, but came out a,tj»in in a few minutes, and then he (Hergin) took him.into custody/ - He had made inquiries and f.mnd that; the prisoner was a different man to what he thought him—that he gave valuable assistance to a police officer a few days ago. " The prisoner said he was drunk, but he was sure he never meant auything like what it had been staled ho said. Constable SuMon said he had known the prisoner for about ten weeks as a hard-working tradesman, and the 'prisoner" recently gave him assistance "when there was idis turbance caused by a soldier. The Magistrate,' consequent upon the good character giveni discharged the prisoner, ■...,-, •-■ <■-*'

Tiß Aiuimiiiious ••esAvn.r upon a Poi.ici; OonSTAnus --V-.'ii'.iani Miirry-t:!. and Kdmui.il Santy verc. changed with having, an the 10th ins . unlawfully '»'s u'.tetl, &0., John William Parker, a police constable, while in the execution of his duty; thereby •doing1 him great actual bodily harm.

~ Mr Part on snid that he appeared for the prisoners, and they pleaded •• Not Guilty " He wished toVsal] ths att'iitinn of th? ISench ti a matter conne%d ■with ih;jPr*s; anil he meant to comment ve\y Btro-igly upon it. His Worship caw Before him^i crowded court, and ro doubt he had read the para grtpli which hsi-l caused the presence of that crowd ; v paragraph which began with a statement that there had be'en a "murderous assault" and which he (Mr Barton) said was a murderous assault upoa His clients. That paragraph was, it roust necessarily be, n p i Wed and one sided statement; but if it had had the i ffce.i upon the mind of it is Worship, which it was ml •alatt'd :o hive on tie mind of every man, and n3 doub- lia-1 Imd ui:on the minds o'- almost every one present, if wan impossible ho c tultl get these men off wl>filever ho might s;iy or prove. It whs hi part ef tl c lischarge of the duties of the Pie t—:r not. a fair ami proper discharge of those duties—:o publish Midi a paragraph. Audi alteram partem should sur-'v be t'"j mixiin of 'he Prtsg. At any rate, if tn Pc of this country e'loseto publish bujli a parajrrapn, lie must a>k His Worship to dismiss from hi* mind any impression produced liy it. an Ito hear the evidence for the prisoners with a mind perfectly free from biai. «r. jit ii-nst. as far free as any man's mind could be, after reading such a para^i apb. Comments of the Press were rgh't and fair, after the hearing or investigation <>f nchirge; but he must protest again t such publications as the present. The Press seemed not t > "c content wi'h having convicted one man of murder, or, at bast, of hnvingd>meits very be^ttowa"ds that fmd. by similar ex parte statement's to control tlw investigation; but now, forsooth, they wanted to hanar a couple of other* against whom nothing had been proved, and perhaps they thought they were making a set-off, by saving a man in another case. He submitted that the Court ought not to allow this ; that ii ought, if possible, to prevent the Press from adopting such a omirse; or, at all events, that it should express an opinion that it was no time to make comments, when the case was coming on for trial on the very morning of the day on •which those comments were published. Ke did not mean to say that the Press was not to make fair comments upon cases trie'!, or that it was not to give a fair notice of an event that had taken place ; but he did say that it ought not to publish a paragraph like this—which was evidently b ised upon hearsay evidence—and in which the most powerful and impressive language was used, that language being throughout to the effect that such-and-such must have been the ca«e. He trusted that the Magistrate would not . only frae liis mind from any such influence as this paragraph was calculated to produce; but that he would express his opinion, with a view to preventing such a thing in future. The Magistrate said that anything that had been published would not have the slightest effect upon his mind. It did appear to him unwise that particulars should be gone into under such circumstances. He perfectly agreed with Mr Barton, that there was not the slightest harm in mentioning that such a thing had occurred; but to go into the particulars of the case, tended, he thought, undoubtedly, to bias the minds of judge and jury, and, to say the least, was going somewhat too far. Sub-inspector Sincock called Police constable Sutton, who said—About_ one o'clock yesterday morning, in consequence of information I received. I went to Isaacs's sale yards, in High-street. I was informed that a police constable had been assaulted. I saw that the place was covered ■with blood, and that human hair was lying on the ground. The prisoner Santy was there holding one of the gates with his left hand, and trying to keep the public out of his yard. There was a streak of blood extending inwards from the gate for five or six yards, and then there was a large pool of it. Tiie hair was scattered, about half-way between the gates and the pool. There was blood upon the gate. When I arrived, Santy was defying the crowd to enter the premises. Some of the crowd kept crying out " He's one of them ;" and as I saw that Santy's waistcoat was saturated with blood, and tiiac there waa some upon his shirt and hands, I took him into custody. He resisted me, but I secured him and took him to the station. Just after that, the prisoner Marryatt ■was broueht in by a number of men; he also was covered with blooi. I saw constable Parker there, on a locker and lying backwards. I thought he was dead, at first.

By Mr Barton: I dcm't profess to say that there is any difference between the blood of a polictman and that of any other person. I have the hair in ray pocket, and can produce it if necessary. Santy is not dressed now as he was yesterday morning; I have his waistcoat in my keeping. He did get a blow on the head which caused him to bleed; I struck him myself. No, I did not strike him the first thing when I went up -not until he resisted me, and put himself into a sort of fighting attitude. I struck him twice, on the back of tne head, with my Btnff He resisted me and another constable. That other oflicer is not present, I believe. Ido not know why he is not here.

Mr Barton : I intend to ask for bail, and I will know the reason why you ct me here with your partial evidence. On your oath, sir, does not this other officer kn-iw 100 much of the matter for the prosecution ; and in lie not therefore kept away 1

The Magistrate: How can the officer possibly know that?

Air Biirton : It's another part of this same paragraph business They bring the man here who knows the least of the matter. (To Sutton) How cime you here ? Were you picked out because you knew the least]

■ Sutton : Ido not know that I was picked out. I cam« here because I laid the information ; and I suppose the other man is not here, bee tuse he did not lay the information, I cannot say whether, when 1 struck Santy, the other officer was trying to hold him. Mr Barton: This man, Santy, is brought here principally for his cowardice, 1 assume, on the ground that two of them attacked one officer. D;d Dot you, -while he was in the hatds of another officer, give him B crack or two on the head ] Sutton: I did not; butj did crack him a couple of times.

The Magistrate : Why ? Sutton: Because he w.ts violent, showed fight, and refused to go to the watch house. He dul not tell me that he was bs innocent of this affair ns I was myself ; nor did he say a word about his trying to keep the peace. JHe went to the station as quiet as >i lamb after F struck him. Moat decidedly 1 ?ay that 1 did not besin by "lambing" him. The other officer did not strike him at all. , Mr Burton: When you struck him, had not the other officer his arras round Santy, giving him one of the usually gentle caresses of a policeman ? Button : 1 Cannot say whether he wa9 trying to hold him or not. I told the prisoner that I should take him to the watch- house ; I was as cool at the tin easl am now. Decidedly, the people who were gathered round were not cool; they were inclined to lynch the prisoner if they could have got at him. We had some difficulty in keeping them from the prisoner. I had not been telling them what had happened ; I never spoke to them. It's not likely, that I gave the account of the affiir to the paper ; I don't profess to lie a reporter. I did not give the paper any information. I swear that before I touched Sauty in any way, I noticed spots of blood on his waistcoat an<l his hands. It was not ilark between one and half-past one on Sunday morning; to the best of uiy belit f the moo;i WU4 up. I had my lantern, and to the best ot my belitf I turned the bull's-eye on the prisoner.

The Magistrate: He ennnot possibly remember every liitle circumstance that occurred when he was tuking a in.vi into custody for a serious riot.

Mr Barton: It would be well enough if he sail that he saw the blood when he got the prisoner to the office ; but 1 submit lint, under the circumstances, he could not have seen it.

The Magistrate : But he snys, most distinctly, that he saw blood on the man's clothes before he tou. hed him.

Cross-examination continued : I do undertake to swear rhat theie was light enough in that shed or passage for me to see that there was blood on him before I struck him or touched him.

' Mr Ba' ton : The moon was not standing at the end of the passage, I suppose, for your convenience. How iar were you in the passage 1

. Button : He was at the gate, holding it, and trying to keep out the public. I came through the yard, from the Provincial Hotel. I did not seize him at once, nor for some minutes. In half a second or less, after I got there, one man rushed by the prisoner, and then all tha crowd got iv. There were 30 people at least—porhaps 40. The crowd did not stand together • all 'he men went rushing about looking for those who had committed the assault. The prisoner did not attempt to run away at first; but he tried to tret away, when I seized him after seeing the blood upon him. It wns not on his back; but I passed him and went outside, and then I saw it on his waistcoat and hands. ■'. : •

Sub-inspector Sincock produced a certificate from Dr Hocken that Parker was wholly unable to attend; and he nsked fur a remand. The principal witness, the man who saw the commencement ot the attair, bolonae'.i t:> the Geeloi)!i-, and she sailed "almost immediately after the occurrence.

The Magistrate : And the officer assaulted ia lying in the Hospital 1

Sub inspector Sinoock : Yea.

Mr LSarton said he (iiJ. not, of course, object to a, remand. But he asked that Santy should be released on bail. He-was a respectable man; bail to any fair and rensonable amoant c;mld be found; and he (Mr Barton) would not suggest that the charge was not of a nature calling for a tolerably large amount. The Magistrate p.dd he would consider the application, and would give his decision in the course of the day

Mr Bartor, while not disclosing the defence, might state that, according to his instructions, Santy ought n>t fairly to bu mixed up with the rn'ittar at all. Bat so Betimes persons who might be witnesses on the other side, were conveniently put into the dock as prisoners. When he got his proper witnesses together, he should bo able to show that Saaty was not a person to he brought there at ail. Sub-irispector Sirieock said that, if necessary, he would give some further evidence ; for he li*l to ask that Santy should not be released on bail. The con•table wa.3 in a very dangerous state; and if what he (Sineock) was told was true, there was just as strong v cae ag.iinst one prisoner as against ihe other. Mr Barton pressed for bail to be accepted. His Worship would know that, sometimes, it was impossible for a man to get the n cessary witnesses ti exculpate himself, unless he was allowed to b3 at large. He submitted that, the only question for the Magistrate's consideration was the amount of the bail. Santy was pretty well to do; aud the bail of respectable persons, to any reasonable,, amount, could be procured. Sub-inspector sincock said that there was another charge against Marryatt, of behaving so as to incite to a breach of the peace; but as evidencj upon it coukl not be given at present, lie asked that it might ba allowed to stand over.

A remand for seveu days was granted; the Magistrate repeating that, in the course of the day, he would decide upon the application respecting Santy. Charge op-.Robbsb.?.—Thorn ts; Hudson was charged with having, on Sunday morning, stolen from John Bell, a carrier, a jean bay contiinimr two h'iO notes, two LI notes, and three sovereigns. Mr Barton appeared for the prisoner. It appeared that the prosecutor, who had pre-viously-met the prisoner two or three times, went with him to the Golden Age Hotel, Stafford-street, on Saturday evening. The prisoner had the bag described, and in it, in addition to the money named, he had some horse receipts and Utters, this bag being kept in an inside pocket of his jacket; and ia his trousers pocket he had LBO or L9l) in notes and some silver. After leaving the hotel, the two went to a place in Maclaggan-st'-eet, which Mrs Caroline Robinson, the keeper, said was a boaTding-house, but to which Detective Farrell gave another name. Bell j admitted that he was not sober at this time, and as he shoutel wine, which some "young ladies" helped to drink, he got drunk. The two turned out after one o'clock, and Bell knew nothing more till he woke in daylight, when he was lying ia a back room of the boarding-house, and his bag was gone. Mm .Robinson stated that the two men wanted tore-enter the house; but she refused to open the door, and then they went together towards a place separated from the house and used as a lumber-room, in which Bell woke in the morning. Mrs fiobinsou further swore that, having received a L 5 note from Bell in payment for a bottle of wine, she gave him in change three sovereigns, two LI notes of the Union Bank, and 7s dl in silver —the latter consisting of two half-crowns, two shillings, and two threepenny pieces. This change Bell said he put into the missing bag; and Detective Farreil, into whose custody the prisoner was given on Sunday evening, produced a bag (not the prisoner's) containing precisely the same amount and kinds of money mentiened by Mrs Robinson, and which lie found in one of the prisoner's pockets.—A remand for a day was granted, that further inquiries might be made. CIVIL CASES. Q-. and F. Martin v L. aud B. Ehrenfreid.--Mr Henry Howarth ,was for the plaintiffs, and Mr Macassey (from the office of Mr T. B. Gillies) for the defendants. The chum was for LIB, value of a dray, alleged to have been converted by the defendants to their use; but at the close ot the evidence for the plaintiffs, the case was dismissed. Mr Macassey obtained 20s as costs, Mr Khrenfried having come from Waikouaiti; and the amount was presented to the Poor's Box.

Jag. Fell v Jno. M'Neil.—The plaintiff was nonsuited, as it appeared that the a;jreetnent for some work for which he claimed payment was made with Mr Monson, architect. M'Leod and Gibson v James Henderson.—Judgment by default for Ll9 16s Bd. James Griffiin v Jno. Dooley.—Dismissed, there beiDg no appearance. '