Magisterial.

Star (Christchurch), Issue 81, 17 August 1868, Page 3

Magisterial.

- ■» CIIHISTCnURCU. Tins Dat. (Hefciro T. \V, Mauilo and A. Back, Eeq«.) Drunkp.nnkbj). — Thomas Stevens was brought up charged with having been drunk mid incnpnblu. ' Constnblo O'Connor said he found prisoner lying In Cathedral Fqnure, shortly before nine o'clock lft»t n'ght, and took him to the watch-house. He was very drunk. Prisoner did not deny the offence, nnd cxprcssoil his contrition. Being hio flret nppoarnnco, ho wan discharged with a caution, Mlchnol Craddock w»\3 to have been brought up for a Hhnllur olToneo, but Inspector Pendor said ho was stilt an innvito of the hospital, nnd the case wub accordingly remanded for a week. Vagiianct.— William Warren was charged with this offence. Dctoctlvo Feast said ho Imd known prisoner for some days as being without mean* of tuibaUtenee. Ho hud formerly livod with Mrs Unwin at Clifton Cottage, but tho family had loft the premises, nnd ho Htill persisted in remaining there without food or bedding. Mm Unwlu called, said, prisoner had been employed by her luwhand during tho pant five year*, And had livod nt Clifton cottago. Ho was not of sound mind, but perfectly harmless, and used to clean the knives or do other odd jobba about tho pro nlscn. Wltno.l3 had vacated Cllffcm Howie about a week i»go, and was going to Icavo tho province, Kmploymont had been offered to prisoner, but he refused to leave tho empty house. Witness had supplied him with food up to Saturday night, but when she went away ho would bo without any ono to look after him. PrUonet w>u eventually remanded until to-morrow, In order Unit ho might undergo medical examination as to tho stnto of his mind. Assault.-— Michael Lawlor, for whose ap. prehension a warrant had boon issued, and John Ouisin, vrcro charged by Peter McCnllnm i with violently assaulting him. Complainant said on the Ist Inst, ho went to tho Britannia Flolcl, on Iho Lincoln road, in company with two others. Ho had not been in tho bar above a mlnutu or two whon Lawlor, who waa drinking there, knookod him down by a blow on the head, and them kiokcil him several tlm«*,rendcring him insonnlblo. lio could notuty from personal knowlolgo that Cassln struck him, hut Mr leather told him that ho had. Ho had not spoken to Lawlor, excopting perhnp* to sny good evening, nor glvtn him any provocation whatever, Being insensible he did not sao any one ol*e struck, but boliovcd that a man named mil who was present at the 1 1 mo rccolvcd several kloks or blows. By Lawlor t A man named Jackson had just paid htm five flhlllinßfl, lie had scarcely got it into his nookot when struck. Ho had not uaid anything about losing It. Ho did not put, it Into a pocket book, but into his pocket. He ! had not a pocket-book in hU hand. Ho remombcrod being in o mpany with Lawlor a fortnight after the assault. Ho had a drink with him and told him that ho boro him no ill-will t thcro was no combination in the matter between hlm-idf and Mr Feather, but tho lattcrhmlihidh* would »dvnncetho money for Iho summon!} if complainant hvln'c it. ' Ho had been drinking on the night of tho assault, but wan not Intoxicated {Cassln had no ver previously insulted or struck him. Ho would not liavo known that Cit-*>tn had struck him imd not Feather told him so, Ho was Inebriated, but would not Iwvo become inHoiwlblo had ho been struck. — Feather, landlord of tho Britannia, gavo corroborative Qvidcnco, and said that complainant had not spoken to Lawlor, beforo being knocked down, As soon «8 ho nftW tho nsKAult, ho run round nnd pulM complainant behind the bar, during which ho Also received a blow, but could not say from whom. Lawlor had kicked complainant sovcral times, nnd when tho lattor was taken away, turned round nnd knookod down a man named Bill, who was flitting quietly on tho seat. Cussin also kicked Dili. In cross-examination by the defendants, witness said ho novcr heard any mention of fis, McCallum hud n mark on bin law for moro than a week after tho (WmutU. Ho did not heir complainant speak, but bollovud ho hoard Lawlor lay to some ono " hold your noiio." Ho had novor seen Casstn drunk or noisy before. Bill waa Hitting perfectly quiet whon struck, and had not spoken to any ono, In reply to the Bench, Inspector Pendor said that he had been uuablo to get tho man Dili as a witness. Lawlor had previously been convicted to fourtcon days' imprisonment for ftilfVUlldtg nnd rcnlstlng tho police, And Cns«ln had been fined for rosWUng the polloo. Guuin denied having taken any part in the disturbance, and called a witness named Jackson, but nothing material wns elicited from him, Lawlor, in defence, said, when standing m tho bar the complainant said ho had lust sj, which ti man named Jackson had paid to him and romarlced that homio ono in tho bar muel luivo got it ; subsequently ho found it in his pocket-book, nnd then defendant said to him " You flhould not charge people with having your money beforo you are sure of having lost It." Complainant In reply to this turned round and spat in his face, and ho then knocked htm down, whioh ho would do again for a similar offence. Tho presiding MugUtrato »aid there could be no doubt that a violent assault had been committed, and even admitting provocation, Lawlor had no right to tnko tho law into his own hands, He would be fined X3 and have to bo bound over in sureties, himself In £25, and two others of £10 each, to keep the peace for six months. Cassln would not bo fined, but would haro to bo bound over in tho same surcttos as Lawlor,