Magisterial.

Star (Christchurch), Issue 213, 18 January 1869, Page 2

Magisterial.

CHRISTCHURCH. This Day. (Before C. C. Bowen, Esq., R.M.) Assaulting the Police. — Walter Hartnail, on remand, was charged with having assaulted the police whilst in the execution of their duty, and W. Simmonds was summoned for aiding and abetting in the same. At the first hearing, the case was clearly proved against Hartnall ; but the evidence shewing that several other cabmen had assisted him, the adjournment was made in order that they might be found out and brought up. The evidence of Constable Wilson went to shew that, shortly after midnight on the Bth inst., he observed a large crowd in front of the City Hotel, and on going over, found Hartnall intoxicated, and conducting himself in a very disorderly manner. Witness requested him to be quiet, and go home ; but not doing so, he attempted to arrest him. He' resisted, and becoming very violent they struggled together. Whilst doing so, witness heard Simmonds call out to Hartnall, "You have got him now and pitch into him." Immeiliitely afterwards several men came up, seized witness, threw him down, pulled the cape over his head and commenced kicking him. He could not see them, and was therefore unable to say who they were ; after ill-using him for some time they left him,., and he then got up and went in search of Hartpall, who, in the meantime, had run awayj. Finding him in the back yard of the Warwick Hotel, he arrested him, but not till after' considerable resistance nad again been

offered. On the way to the Depot, Hartnall gaid " Well, I am in for it now, but I was led into it," and he then named Simmonds, McTaggart, and Dalwood, as being the instigators of the disturbance; and as to ill-treating witness, two witnesses were called in support af the case, but although acknowledging that the constable was held down and kicked, they could not swear to any of the men concerned in it. Constable O'Connor was called and corroborated the statement made by Hartnall whilst on the way to the Depot. He also proved to Constable Wilson's face being sovered with blood from wounds he had reserved from the men who held him down and beat him. For the defence, Mr Ruddenklau was called, and stated that he did not consider Hartnall, or any one in front of the iiotel before the disturbance, was the worse for liquor. He did not see the row, and both the accused had behaved themselves in a perfectly orderly manner whilst in the hotel. Another witness was called to corroborate tbis evidence, and further said that Hartnall was not disorderly when the constable came np, nor did he use any improper language. He did not see Simmonds interfere, nor was he present when the row afterwards took place. The constable on coming over the road, looked into Hartnall's cab, and on the latter asking him what he was spying about, the constable pushed him violently on one side with his arm. To the best of his knowledge Hartnall did not push the constable first A cabman named Dawson, gave corroborative evidence, and further added that Constable Wilson, after he had arrested Hartnall in the Warwick Hotel yard, came up to him (witness) aid without any provocation, seized him by the throat, at the sume time using most insulting language. He had two witnesses to prove this, and the constable could not have mistaken him for Hartnall, as at that time he had taken Hartnall into custody. R. Beattie, landlord of the Warwick Hotel, gave some unimportant evidence for the defence, and in reply to the Bench, corroborated Dawson's statement of Constable Wilson having seized him after Hartnall had been arrested. A lodger at the hotel gave similar evidence, and said that the constable, when arresting Hartnall, threw him violently down on a lot of broken bottles, and struck him several times. Hartnall cried out that he was much hurt from this, and requested that a doctor should be fetched Witness examined tue bottles afterwards and found a lot of blood upon them. This concluded the evidence, and Inspector Pender said that Hartnall was examined by the surgeon of the hospital the morning after tbe disturbance, and if the bench thought it requisite, evidence could be called as to the result of the examination. Simmonds denied any complicity in the disturbance. The surgeon of the hospital was sent for in order that he might give evidence as to the nature of Hartnall's wounds, but being absent from home, and his Worship being anxious to hear full particulars, he adjourned the case until tomorrow morning; when he also s:iid, in reply to the accused Simmonds, that any additional evidence for the defence would be heard. Abusive Language — Thomas Roach was charged with having used abusive and threatening language to Robert Iliffe. Complainant said on the 6th inst. accused met him in Colombo street, and after using insulting language, raised his fist, threatened to strike, and otherwise assault him. He said complainant had lamed him for life, and he would have satisfaction. Mr Leake corroborated this statement. Mr Cottrell, who appeared for accused, said he had no rebutting evidence to call, but was instructed to deny the use of threats. Accused certainly had used stronger language than he ought to have done to complainant, but he had suffered severely from an illness for which he had been under complainant's treatment, and would urge this in extenuation of bis offence. His Worship sad, whatever might be tbe merits of his disagreement with complainant, accused had no right to offer insult or annoyance to complainant in the street. Complainant said he had no desire to press the case, but his Worship said he could not pass such a matter over quietly, and accused would be fined 10s and costs. Assault. — Andrew McTaggart was charged with having assaulted and threatened to further ill use T. C. Mullins. Mr Cottrell appeared for the complainant, but the case was a very trivial one, and the evidence not being conclusive, his Worship discharged it, recommending however that as the parties evidently could not agree they had better discontinue speaking to each other.