RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume XVI, Issue 703, 31 January 1872, Page 2

RESIDENT MAGISTRATE'S COURT.

TlMAP.U.— Monday, Januap.}' 29. ; [Before W. C. Beswick, Esq., J. P.] larceny. fr'inley Simpson was brought up, charged, on one information, with simple larceny, and on another, with larceny as a bailee. Uu the application of the police, prisoner was remanded for eight days.

Tuesday, January 30. [Before B. - Woollcombe, Ksq., P.M., and W. C. Beswick, Ksq., J. P.] attempted murder. D. Adam was charged with having unlawfully wounded J. Kennedy, with intent to commit murder. J. Kennedy, sworn, stated : I am a laborer, at present residing at the Timaru Hospital. I know the prisoner. I recollect the 26t!i of this month. I saw prisoner that afternoon at the house of a woman named Jane Cooper. I svas m the house. Nothing occurred at that time. The next time I sru' prisoner I heard a scream outside. I ran out and saw prisoner with Jane Cooper ; he had his hand on the back of her neck. When he saw me he ran away. 1 went back to the house and laid down on the bed. The bed was m the bedroom. There are two rooms m the house, a bedroom and a kitchen. 1 went to sleep, and was awakened by a blow on the head. When I awoke I saw prisoner standing over me with an axe m his haud. The first blow struck me on the top of the head. He struck me three or four times with the axe, but I protected myself with my arms. 1 tried to get up but found my legs tied, between the ancle and the knee, with a scarf. My warding off the blows with my arms made them come much lighter on my head. I rolled off the bed on to thj floor, and dragged myself into the kitchen with my legs still bound. I was followed by the prisoner with the axe still m his hand. He struck me two or three time 3iv the kitchen ; the blows fell on my arms and legs. I asked him if he was going to kill me, but don't recollect if he made any reply. He continued strikiug at vie until some one came m. To the best of my belief it was Jane Cooper, Christie Gordon, and a man. When they came iv L freed my legs and got up. I washed the blood off myself aud went to the station to give information. I brought the axe with me. I saw tho prisoner outside wheu I left the liouse. I saw Dr Fisher that evening. I went to get him to see to the wounds inflicted by prisoner. He dressed them for me. He ordered me to the hospital next morning. I visited' the liouse that night with Constable Kennedy to get the scarf I was tied with. I got it, and the axe. I swear to the scarf produced ; it was m the kitchen, where I released myself, and m the condition it is 'now. I identify the axe produced. The pillow produced is the one my head was on when I received the blow m the bedroom. Cross-examined by prisoner : I don't know tho man that was iv the house at the same time. There were two men m the house besides myself and prisoner. We had no words to my knowledge. When the woman screamed out, I swear I was m the house. Thomas Fisher, sworn, stated : I am a legally qualified medical practitioner, reading m Timaru. Kennedy, the prosecutor m this case, came to me on Friday last, between seven and eight o'clock. I examined his head, and found two contused wounds on each side of his head near the top, from which he had been bleeding freely. The bleeding had ceased. He had also two or three slight bruises ou the head, and one on the thigh — rather a large one. I saw no other bruises. I dressed oue of the wounds, aud ordered him to bathe the other. The next morning I saw bim at the policebarracks, and ordered him into the hospital. The wounds were caused by a blunt instrument. The iron portion ofthe axe produced would not have caused the wounds; lhe handle would have dotte it. They could not huve been caused by the axe-head, unless the man had used it very lightly. I did not consider the wounds at all dangerous Prosecutor is still a patient m the hospital m consequence of those wounds. Jane Cooper, examined, slated : I am a married womon, residiug at Timaru. I know prosecutor and prisoner. On Friday last they were both at my house. Prisoner tried to choke me ns I was going down the main road. I screamed out, aud prosecutor came out to my assistance. Prisoner then' ran away. He did not suy anything. I went down town, then I came home. When I left him I went down to Saltwater Creek, leaving prosecutor m my liouse. I left lum alone. He was , sitting ou the sofa. I was absent about un hour. As I was returning home I heard groans proceeding from my house. I went m, the back door being open and the front one shut. I found prosecutor and prisoner inside. The prosecutor was laying on the floor m the front, room m front of the sofa, his h^ad being covered with blood. Prisoner was standing a few yards off at the end ol' the table m the same room. I did not see him do anything ; Jie had his hands by his side. He walked out. He uever spoke. I noticed that his left hand had some blood upon it. Kennedy was laying with his hand up to his head. His legs were loose wheu I saw him. The axe produced is mine. I left it iv the corner of the kitchen when I went out. It. was broken m the bundle when I left it. The blood was not on it when I left it. I didn't notice it when I returned. A woman named Mrs Ellis entered at the same time as I did. The pillow produced was laying on my bed iv my bedroom. I found the blood ou it when I went home, it was not m that state when I left. At night I give the scurf to Constable Kennedy just as it is now. Previous to this I had found it on the Iloor. Cross-examined by prisoner.: Prisoner came to my house at ten o'clock m the morning. He had been ■lo my. house twice before this happened. One of the times he fetched a bottle of porter. I don't know how he opened it, I saw it after it was opened. luseemed as if it had bjen broken open by a stone, I never heard him say he hud cut his hand with glass, and saw no blood at the time. Have had no conversation with prosecutor about the case at all. Christina Ellis, sworn, stated : lam a married woman, Hying m Timaru, I know the last witness. I kuow her liouse. I knoyv both prosecutor und prisoner. I was walking past the place between six and seven o'clock on Friday evening. I heurd groans of a man proceeding from that woman's house .as I was passing. On hearing them I went inside. I saw prosecutor sitting down on the floor, resting his head ou the sofa. There was an axe lying alongside of him. The head was on the ground aud the handle on the sofa. 1 lifted the aze and put it outside. The axe produced is the same : there was blood ou the handle aud uu the edge. There was more blood .ou it then ; it was fresli. As I waa going m prisoner was coming out ; there was btood ou his left cheek, aud on oue of his hands betweeu the thumb aud forefinger. Prisoner, showing a cut between the thumb and forefinger of his rhdit haud asked if it ooaJd proceed from that ? Witness replied that' it might have proceeded from that. James Kennedy deposed : lam a constable of police, stationed at Timaru, From information received, I arrested prisoner. He was iv the garden at Jeuny Cooper's. I told him of the charge. I arrested him theu on the charge of assaulting Kennedy with the axe. lie paid he did not do it. I saw blood on

prisoner's hands and face. I examined the house then. I saw blood on the floor, sofa,, bed, and walls. I went m afterwards iir the evening, and the scarf produced was handed to me by Jenny Cooper as it is now. Prisoner was slightly under the influence of liquor when I arrested him, but was qu'te capable of knowing what he was doing. Cross-examined by prisoner : I nsked prisoner on Saturday morning if he knew what he was charged with He said he did not kuow, aud I then told him. He was also charged with stealing a rail. That was not the only charge lie was arrested on. I swear he was arrested ov that that. Friday evening. I noticed a cut- ou one of his hands. 1 believe it was his right, hand. The Resident Magistrate informed the prisoner that, having heard^Mie evidence, he in:ended to commit, him on a charge of assault with intent to dp grievous bodily harm.- After administering the usual camion, he asked prisoner if he had anything to say. Prisoner reserved his defence, and was committed to take his trial at the next session of the District Court. There were no civil cases set down for hearing.