RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 4026, 13 January 1875, Page 3

RESIDENT MAGISTRATE'S COURT.

Monday, nth January. (Before J. Biithjjate, Esq., R.M.) DbvxKexxess.- David Oi-ye was let olf on a charge of beiag drunk in Stafford street at midnight on Saturday ; and James Wopshott, for a similar ottencc in Princes street, was lined ss, with the usual alternative. Annie Lockinwood, an old offender, was ordered to pay a penalty of £1, in default, 14 days' imprisonment. Vile Expletives. — John Palsor was charged, on warrant, by the Police with using obscene language in Howe street. Accused pie <ded Guilty, and in answer to the Bench, said the reason he had failed to attend a summons was that he was too drunk to appear. He was fined 10s, in default 3 days' imprisonment. Wins Deskutiox.—James Walker was charged on remand, by warrant, with deserting his wife, Catherine Walker, at Christchurch, on the 22nrl ult. When cross-questioned by the Magistrate, accused denied that he had ever seen or knew anything about the woman.—At the suggestion of Sub-Inspector Mallard the case was adjourned for a day, until the Christchurch Police were further communicated with ; and prisoner in the meantime was admitted to bail upon his own recognisance. CIVIL CASKS. Several civil suits were called on and heard, but the plaints not being read, contrary to custom, we cannot give the nature of the claims.

Livingston c. J. Barr.—Claim of £3 Gs. Judgment for plaintiff.

J. Proctor and Whittaker r Puxbury.—Claim of £4, being overcharge for work done. The hearing was adjourned.

Ti-KtwAV, l-2th Jaxtarv. (Before Mr J Bathgate, R.M.)

Dkeskksskss.—John Counel pleaded Guilty to a charge of being drunk and incapable whilst in charge of a horse and cab. He was fined 10s, with the option of 14 days imprisonment, and the Police asked the Magistrate to allow the case tn be brought, under the notice of the Corporation. Mahiuaok Buoils.—George Funnel was charged on the information of his wife with assaulting her, for which she desired him to be bound ever to keep the peace towards her.—Charlotte Funnel said prisoner was her husband, a bootmaker by trade, but followed the occupation of a labourer. They resided in Kensington, and on Sunday he threatened to take her life, st iking her repeatedly. Witness's daughter, aged ]U, came to her assistance. Accused spent all her'"money in drink when he could get i f, —Cross-examined : She denied having been intoxicated on the night in question, or giving him the slightest provocation for illtreating her.—Lucy Funnel!, the daughter of prisoner, deposed to seeing him strike her mother, and in answer to accused, stated that prosecutrix had been drinking very heavily.—His Worship considered the assault clearly proved, and he lined the prisoner 20s, in default a week's imprisonment, and ordered him to keep the peace towards his wife for six mouths.

Allkoeh Wife Dkskktiox. —3ames Walker was charged, on remand, with desertinghis wife, Catherine Walker, at Christehurch. Sub-Inspector Mallard applied that accused be remanded to the latter place, as he admitted himself to be the person described in the warrant. The Magistrate adjourned the hearing for fourteen days, to be liberated on his own recognisance of £20.

Systematic Fraud.—Mary Fleming was charged, on remand, with stealing fioin Messrs Herbert, ilayncs, and Co., her late employers, an or about the 14th December, drapery goods to the value af £U7 Is lOd.— The depositions of Mi D. Hayues, which were taken at the last hearing of the case, were read over, and Mr F. K. Chapman, counsel for the defence, proceeded to cross-examine the informant upon his sworn testimony.—Accused had purchased goods in his shop. He iirst heard of her stealing on the -20th December, 1574, when Mr Allan, his clerk, discovered a quantity of goods at Mr Souness's, where she was staying. He had heard she was possessed of property in the country. Before this a quantity of goods was found under her bed, which prisoner admitted having stolen and offered to pay for them, and witness, thinking they were all, accepted £15 and some odd shillings from her. He had not wilfully kept knowledge of thib transaction from him (Mr Chapman). After half-an-hour's adjournment, the hearing was resumed. —Mr John Allan, clerk to Messrs Herbert, Haynes, and Co., said that at the instance of Mr Sounoss he went to his house on the 2Sth ult, wliere accused had been living, and found under her bed and in other parts of the house a quantity of the stolen property. He ideutitied the goods produced, and had no record of their being sold.—Miss Hands, forewoman of the dressmaking department, identified the stolen goods as those missing from her employers' cutting-room.— James £oune.-s, builder, Filletil street, stated that prisoner was stopping at his pouse, and his suspicions being aroused, he requested Mr Haynes to send some one up to search her buses. Accused subsequently admitted having stolen the goods,—Constable Henderson deposed to arresting accused. -His Worship said a prima fade case had been made out, and committed accused for trial, allowing bail, herself in £200, and one surety of £100. Aksai'ljT With Ixtkxt.—John Hartley, charged on remand with attempt to commit a rape on Ann Smcrgoue at Look-Out Point u\\ the 17th inst., was committed for trill. He was defended by Mr Mouat. POUT CHALMERS. (Before T. A. Mansford, Esq., R.M.) Desertion".—John Jeuner, an articled seaman, belonging to the ship Florence, was charged by her master, Captain Houston, with having deserted. Prisoner pleaded Guilty-. Captain Houston deposed that on Sunday morning last he ascertained that six t,! his men had deserted during the night, and took their effects with them. The prisoner was one of them. Witness gave information to the Police, and yesterday the prisoner was arrested at lilueskin. The Bench sentenced him to six weeks' imprison nieut, with hard labour. civil cask. , J. Popham c. J. Milk. • Claim of £2, for work and labour done. Mr Joyce appeared for the defendant. Judgment in the sum of 30s and costs was delivered in favour ot the plaiutiff. iiuitnrcß. The adjourned case of murder, in which Thomas Bisset was charged with murdering Jaoies Aldrige, came on for further hearing. James Dingwall, a settler residing at Mutapu Point, gave evidence much in accordance with his deposition at inquest on the body of Aldrige. He stated how on the 29th December the prisoner Bisset came to his place and admitted having had a row with the deceased, because the latter burned his papcra, and that he had given him something to remember. He also said that Aldrige had struck him with the tumbler on the wrist, and that he had thrown the tumbler at Aldrige and struck him on the head. He said Aldrige was jealous of him without cause. Subsequently, the prisoner and Aldrige called at his house, and appeared to be on friendly terms. On the sth inst. witness was cutting timber near to Aldrige's house, and heard Bisset calling for water. Witness here described how he went to tbe place and found Aldridge lying on the ground; that he (witness) and Wells, with ?• rs Ruth and Mrs Rose, carried him to the house, and that he died before reaching it, only once speaking, the words being, " Oh, let me down "

Mr Joyce having cross-examined witness at length. Dr Drysdale was called, and deposed to having made a prelinmury examination of tbe body of Aldrige on the night of the iith inst., and on the following day a post mortem examination, at which he was assisted by Dr. Payne, of the ship Waikato. There was a Wound on the temple, about one inch deep, partly healed. They first dissected off the scalp, and found the temporal muscle gorged with blood in the vicinity of the wound. The wound did not reach the bone, and there was no fracture of the skull, although he wished to ob-erve that a fracture of the skull might be produced without the bone of the sku'.l being touched. On opening the cavity of the cranium, fuund the brain to be very much congested, and several places were dotted over with small collections of purulent matter. The interior of the brain shewed the same aimunt of congestion nearly all over. Opened the cavity of the chest and examined heart and lungs ; they were quite healthy.

By the Bench : Considered the cause of death to be disease of the brain. Could not say what occasioned it; might have been occasioned by a fall or a blow. The wound on the temple was a contused wound, shewing a blow as well as a cut. It might have been occasioned by a blow from the tumbler produced. Should not think that tht conjestion had been of long standing, because congestion would be likely to occur at or immediately before death ; the man could not have lived long with his brain in that condition, and from appearances the congestion could not have occurred after death. The purulent matter might have been of longer standing than the congestion. Notiiccd the remains of another wound on the left eyebrow, about one inch from the second wound.

By Serjrt. Noil: If ihe wound had been inflicted by the tumbler produe-. d it would have accounted for the congestion if the man had died immediately after, but not as he died a week after. Congestion would very likely he the immediate consequence of such a blow. SupiwsiiiK congestion had existed before the blow was given, such a blow would have tended to increase it. The principal congestion was on the main sinus on the top of the brain. There was not so much congestion apparent in that part of the brain nearest the wound as in other parts. Excessive Weeding would account for that.

lly Mr Joyce: Supposing accused had received a blo>v on the head from the stoiic produced, it might easily have produced the symptoms described, as regards the purulent matter, but not the congestion.

Intemperate habits on the part of a man having pus on the brain would certainly accelerate death. Such matter would, to the best of witness's belief, take weeks rather than days to form. Stooping on the part of a person having a brain so diseased as that of deceased, may likely be the immediate cause of death. But if the man was in such a delicate state of health that stooping would causedeath, it wasunlikely that he would live very long- under any circumstances. Constable Carter deposed to finding-the broken tumbler in a potato patch outside prisoner's bedroom windo-v, and that prisoner told him he did not know where the tumbler was. Sergeant Neil deposed to proceeding to Tayler's Point on the sth hist., to enquire into the death of Aldridge, and how he arrested Bisset on suspicion. The latter admitted having struck Aldridge with a glass tumbler, and " wouldn't disown It." His Worship s-a-d that he would not take upon him-se-f to discharge the prisoner. The evidence maOe out nprima /■ fit: case aga'iist him, and he would he accordingly committal for trial, himself in £50 and two surities in £25 each.

FIREWORKS. 3 TO THE EDITOR. Sm—Could you kindly inform nic whether the fines col ected the other day will go towards recouping the expense of the City banquet, held in commemoration of the transfer Water Works, and oblige—l am, &c, Chinese Cjiackekh.

THE MARGARET GALBRAITH.

TO THE EDITOR. Sir—l was glad to gather from your account of the arrival of the ship Margaret Galbraith that tlie authorities have determined to prevent, if possible, the introduction of diseases of an infectious character into the country. The medical referee (Dr Drysdale) has evidently a very delicate duty te perform in such cases as the present, and deserves to be supported by the public in the action he has taken. From a copy of the London Observer received this day I see that, on the date of its publication (lst November) there were in the Homerton Fever Hospital ill'cases of scarlet fever, 21 typhus, GO enteric, and 9 of other diseases of a fever character. At Stockwell there wore 73 cases of scarlet fever, 35 enteric, 8 typhus, aud 3of other forms. At Homerton the ordinary fever wards were full, and the small-pox side had been called into requisition, and the managers had other accommodation in preparation. From the above it will be seen that fever of almost every tj-pe was raffing: in London when the Margaret Galbraith left, and il is sincerely to be hoped that the Central Board of Health will see that the clothing aud other lr.iggage belonging- to the passengers is properly fumigated before admitting tbem to pratique.—l am, &c., W. D. lloiuusox. Dunedin, January llth, 1575.