RESIDENT MAGISTRATE'S COURT

Southland Times, Volume I, Issue 5, 25 November 1862, Page 2

RESIDENT MAGISTRATE'S COURT

(Before M. Piice, Esq., 11. M.)

Friday, November 18Ji. Drunk \kds. — diaries Crawford was charged with being drunk in Don sireet on the 2Uth inst. ; there being no appearance, llie bail, amounting to J6Z, was forfeited. C. YV. Tibbetis, biought up on remand from previous day, was further remanded till Monday :o allow of mcd cal evidence lo be taken as to his s-anity. W. F, Coppinger, charged with assaulting a constable named Quirk, was remanded till Monday to allow of evidence being taken for the defence. Satukday, November 22nd. Drunkards. — Itidiard Thompson was chatged b> Constable Heady with being drunk and making use of obscene language in Tay-s'teet. Fined 20s or 48 hours' imprisonment. Elizabeth Crawford wa.s charged by Constable M'Killop with being drumc in Tay-street. Fined 2Us. or 4d hours' imprisonment. Monday, November 23rd. C. H. Tibbetts was biought up on remand from Friday last, charged by Constable Quirk with being of unsound mini. With a view of determining the question of alleged insanity, medical testimony was procured. The first witness called was — Dr. M'Clure, sworn and examined —l am Provinrial Surgeon ; according to inst lu-.tions [ examined Mr. Tihbett on Thursday last, and also j'esterday ; I found him peifecily sane on both occasions. Police Magistrate —Do you think, Doc ter, from what has occurred in reference to Mr. Tibbett on former occasions, he was in a sane :-tate of mind, and is so s i II J Dr. M'Clure —Yes, if he abstains from drink. Police Magistrate —Am I to understand iheij, that if he drinks, he is likely to become insane! Dr. M Cure —He is of a very nervous temperament, if the seeds of insanity ure latent in him, be might by drinking hecome insane, but at the piesint moment he is perfectly sane and tit to be set at laige, and I consider there is nothing to warrant him in being kept in confinement, nor is there any reason to suppose that he is likely lo bt-come deranged ; I arrived at my opinion from personal examina ion, and from the circumstances surrounding this case, 1 have known him from August last. Ur Gregor was next called, and on being sworn, stated —l am a duly qualified medical practitioner ; I resile at Invercargill, I examined Mr. Tibbets on two occasions, and came to the conclusion that he is perfectly sams and fit to be ai large; 1 do no; consider him likely to beenine dannerons to himself or others, if he abstains from drink, but if he takes a large quantity of drink he ia likely to bncome insane. I do not consider he should be kept under restraint. Mr. Hervey —lf any man were to take a lai?e quantity of drink, is he not likely to become insane 1 Dr. (iregor —Certainly. Police Magistrate —Ui.derthem circumstances, and being guided by the testimony of the medical gentleman, I must discharge him, but I would certainly advise his friends to keep watch over him. Mr. Hervey —lt is rather a dangerous

proceeding iFor any one to watch the actibna of his Neighbor. ThelJri'ish law WlTords protection, especially. in matters of personal libertyti) alii oS :', }, ( ; Mr. Tibbitts was accoi'dingly discharged from custody. G. F. Coppenger, brought up under remand, wa-? agiin -placed in the dock, charged with a^saultin^ Constable Quirk. Dr. M'Clure examined by Mr. Her* ey — F examined the wounds on prisoner's head on Thursday last ; th<'y were seven, such as might have been inflicted by a stick ; all wounds on the head are more or Ifss dangetous. Police Magistrate-— Mr Hervey, it is useless to call witnesses, for defence, as I trial. Mr. Hervoy— But. ynur Worshsp, I an derstood you to say on a former occasion tliaJ v<>u would deal wiih the case summarih. Police Magistrate — T wi!l not now deal with the Ci«se summarily ; I must confers that on the first occasion I had some intention of dealing with it summarily, but since then I have changed my mind, and [ think it will forward the ends of justice by -etiding this case before a jury. Charles Henry Tibbet 8 deposed — I am a settler residing at M tura ; I remember the 13 h November ; I had no quarrel «irh Quirk; C<>ppingerand I were fighting; Quirk had been drinking with U3 ; he had four or five nobblers; I considered him sober but excited ; the prisoner was on horse-bark ; he made use of some remarks to Quirk, upon which the latter rushed at the piisoner, cauglic hold of him, and pulled him off his horse ; prisoner desired Quirk to keep his hands off him ; I asked Constable Qiiiknot to inteifere with pri-orier, as he was in liquor ; I did not see any blows s ruck !>y prisoner at the time Quirk made a rush at him ; I could see all that took plare ; I saw them struggling on the ground ; Quirk was on the top of Coppinger; I pullr-d him away ; he then bit my tliumli; immediately afterwards they not up and .separated; I saw Quirk in about three or tour minutes with a large stick, about the thickness of my wrist; they came to blows again; I received a blow in endeavouring to separate ihem ; Coj'pinger also had a stick; Quirk was very much excited; he said if I interfered he would strike me; I nm quite sure Coppingu- did not strike Quirk before he rushed at prisoner. By the Bench — When Coppinger and I was fiahiing about »n hour previous, I was not much hun; Quirk endeavoured to separate us; the prisoner was und"r Ihe influence of drink; he was on horseback; I was in the house with Mrs Bird; I fol-lowe-l Quirk when he seized prisoner; a blow iiii s ht have been struck without my seeing it; I saw no blow struck during the whole transaction; I was trying; to separate them, theiefore 1 could not see any blows struck. Mr. Hervey — I think, your Worship, that this case ou^ht to be dismissed. The prisoner, if committed, wuld perhaps be kept in prison six months awaili; g his triil in Dunedin. Police Magistrate (after quoting several law authorities bearing upon this case) said — I am acting magisterially, and therefore would not feel justified in offeiing an opinion in this case. It is my duty to send it before a jury. Committed aceordl>n the application of Mr. Hervey, bail was accepted, the prisoner in £ 100, and two sureties in £100 each. The Court then adjourned.