RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2033, 10 July 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY/ (Before W. Fraser, Esq., R.M) •..:."■. . DBTJNKENfIESS. • • Edward- Scott was charged with having been drlink'and incapable in Pollen street, Shortland, on the 9th. inst. Fined 10s and.costs, 7 orihe usual alternative* . ASSAULT. - James Bennett was charged ,with unlawfully assaulting one Emma Hill, on' the 2nd instant. Mr Tyler for ."complainant; Mr Dodd for defendant. Mr Dodd said, on behalf of the defendant, ho pleaded guilty to having interfered with the prosecutrix, but not in such a manner as stated in the information, or summons. It would appear that for some time back both the prosecutrix and defendant had been upon rather inti- ' mate terms. The prosecutrix was a 1 respectable woman; living with her husI band — r ' ' His Worship: But what has this to do with it.. Do you plead guilty or not guilty. Mr Dodd: I plead guilty, your worship, and am now speaking ia extenuation of the offence. Mr Tyler: ,Of course I shall have something to say in answer to my friend. I do not know what argument he is goiDg to set up. Mr Dodd said he should contend that defendant-had no intent .to injure or insult the complainant. It was more a matter of fun than anything else. His Worship (to defendant): Do you plead guilty. Defendant: Not with respect to insulting her ; it was in the shape of fun, and she did not take it as an insult. His Worship : I cannot take that as a plea. You know whether you are guilty or not guilty. Mr Dodd said the defendant was con-

founding the\ meaning of insult and assult. '• "a . ■ His Worship : If you have any doubt about it you had better plead not guilty. Mr Dodd : lam willing to defend him one way or the otter. I have already advised him. . <v The'plea of not guilty was taken. Mr Tyler "was afraid that he should havo to proceed ;with tho case in a different way than set forth in the summons. The information charged defendant with ' a common assault. Tho information was laid on his (Mr Tyler's) instruction, because it was not the wish of coni(}i|iinant or her husband to have filed such "an information as would result in an : indictableloffencer 'But; defendant baring pleaded riot guilty, he|(Mr Tyler) was in a positidff^d' prove A that defendant -had intended to commit a felony. „(Mr; Tyler then referred his Worship to a section'of the Kesident Magistrate's Act, preventing a Magistrate from adjudicating upon cases of the kind where a feloniousJntent was disclosed). The evidence would disclose that the assault by defendant was made,;with intent to commit a felony, namely, to commit a rape. i Mr Dodd suggested that defendant did not understand the difference between insult andassault. Mr Tyler said if defendant wished to • plead guilty now he could do so. ■ His Worship said he could not allow him to do, so now. He could only abstain. from.yadjudicating upon the case, and musfHayyan information for an indictable offerice against the prisoner. The Magistrate retired from the Bench while the information was being 'made out. ALLEGED EAPE. James Bennett wa3 then charged as follows :—James Bennett of Thames, on the 2nd day of July, 1875, at the Thames, did unlawfully make an assault, upon one Emma. Hill; with intent her Abe said Emma Hill there violently and against her will feloniously to ravish and carnally know, contrary to the form of the statute in such case made and provided to be an indictable offence. ' Mr Dodd aiked for a remand until ': "Monday. . .'i '■' ■ ' '■■ :'■ ; ' ■=> V i Mr Tyler said he. did not wish to throw any obstacle in the way, the case having taken its present form. His Worship concurred, as the charge was a most serious one. He would grant the adjournment, Mr Dodd then asked for bail. Bail was granted—prisoner in £200 and two sureties of £100 each. The Court then adjourned.