MAGISTRATE'S COURT.

Colonist, Volume XLV, Issue 10545, 21 October 1902, Page 2

MAGISTRATE'S COURT.

YESTERDAY,

■■' [Before Mr Robinson, S.M.

Edward Hogg and William Owler, two strong looking young men, were charged with assaulting Daniel Hurley on Saturday evening. As both of the accused said that Hurley, who is a sickly man. had struck them first, their plea was taken as one of not guilty, and evidence was called to prove the charge. Sergeant Dougan said the assault was the outcome of 'a drunken brawl. Hurley kept a pie shop in Bridgestreet, were the accused went on Saturday night, and misbehaved themselves. Constable McGrath, who was on duty, saw the assault, and afterwards the Constable was assaulted. He asked the Bench if the charges were proved to deal pretty severely with the accus ed. P. D. Hurley, pastrycook, stated : I keep a pie shop in Bjidge street, where hot suppers aire supplied. On Saturday the accused men came to my shop, along with Emms and Blincoe, and asked for pies. I said I had none left, 'except fruit ones and Hogg»said they would have some , When on my way back I heard the. men laughing very mcuh, and on entering the room I found that the mustard pot had been turned upsides down on the table. I asked them if they . were going to have mustard with the fruit pies, and the matter was treated as a joke. I removed pboth the mustard pot and cruet. I went into the shop to serve a customer, and "when I came into the room where the men were, 1 found the pies, milk, salt, and everything thrown about, and mixed up, in fact there was a terrible mess in the room. Owleer remarked, "You have got a nice mess to clean up now old man. " I replied that they ought to be made to pay for cleaning up thej mess. Owler replied that I could not make them do that. I said you must not think you can come here and do as you lie. I went to try and put him out, lifting "him by the shoulders. I had got him aboutjiwo yards from the door, when he struck me, and then. Hogg came and struck me also. The doors of both the room and shop were open, so anyone could see from the street. I struck out, and tried to Keep them off me I was injured and fainted, and was told, afterwards that I had lost half a basin of blood. The clothes pro duced in Court I had on when! was assaulted (the articles, were freely covered with blood), and the blood stains were the outcome r of the assuault.".- Constable McGrath came, and. I told him to arrest the accused. My spine was hurt, and Dr. Andrew ordered me to keep my lied yesterday. My spine was. dislocated; some time ago, therefore it does not take much to hurt it. Hogg gave me the last knock out blow. . Emms-and Blincoe watched, but never interfered I consideredit necessary/to send ior Dr. Andrew,, as I had lost co much blood. By Hogg : I am. sure you struck me first. ' " ■ By .Owler : I did not hit you first. P asked you to go out, but did not do so to' Hogg. By the Bench: JThe men were worse for liquor. I had previously been on good terms with them, v.Constable McGrath gave, evidence,, and 'stated <til heard. the. disturbance in Hurley's shop. >The doors were; open, and I i aw Hogg knock Hurley

down, and when, Hurler got U£ he was - going for Hogg, when _Ow ci strucl Hurley, and knocked him against the wall. Mrs Hurley was there, and she was singing out and drying. ... I arrested the accused; they were going for Hurley again when I arrested them. Hurley asked, me to take the men in charge, lney b.bth were under the influence of liquor. . . ■ '■' -■ .-,-. ,-'■ ±.v* Sergeant Dougan said that was the case for the .ptosucutiom . ; Edward Hogg elected to give evidence. He stated: The pies were not to our taste, so we had some fun with them. We were under the influence of liquor. The mustard pot was accidentally upset* Hurley said something about making us clean up the mess. I went to try and persuade Owler to come out whe Hurley struclc me. Hurley sti uck me first. Constable McGrath afterwards came in. Owler said he remembered Hurley pulling him off the chair. He (Owler) must have been drunk; - . . , Frank Emms corroborated Hogg. Me said : l%er6 was a bit of a me_s in the room. I did not see who hit the first blow, but I saw Hurley hit Hogg when he went to. get Owler out: Owler was a .bit Chicked The Bench considered .-that the charge was proved. Considering the provocation-Hurley was.quite within I his rights in, endeavoring to ..put Owler out; He would lrifiict a fine of £2 on each of the accused,. Wjth costs 9s, hatf the fine to go to Hurley to pay for the expense he had_ been put to. Each of the accused had to pay £2 4s6d. ■ ■- ... Hogg pleaded guilty to assaulting Constable McGrath by kicking him on the leg. ; , . .'., ... , Hogg and Owler pleaded guilty to having resisted the Constable while he was in the execution of his duty. Sergeant Dougan thought it fair to state the young men voluntarily surrendered themselves afterwards, and there were no previous convictions against them. y .,. The Bench looked upon it as the outcome of drunken folly. For.resisting the Police each must pay a fine of .62, or in default seven days' imprisonment; and Hogg, for the assalt on the Constable, must .pay a fine of £1, or in default three days imprisonment. The fines were paid, Hogg having to pay _£5 4s 6d, and Owler £i 4s 6d.