Magisterial.

Star (Christchurch), Issue 685, 3 August 1870, Page 2

Magisterial.

♦ . CHRISTCHURCH. Tuebdat, August 2. (Before C. C. Bowen, Esq., B.M). Assault.— Robert Grant, James Donoghue, Alfred Bowman, and Jeremiah Brason, were brought up in custody, charged with having committed a violent assault upon John Hopper, landlord of the Miners' Arms Hotel, on the Coal Track. The following evidence was called -.—John Pratt : I am Sergeant in the Christchurch police force. From information received, I went in company with Constable Wilson and Armitage to the Miners' Arms, yesterday. Complainant gave the prisoners Donoghue, Bowman, and Brason, into my custody, for drunkenness and riotous conduct. I next went to the Waimakariri embankment, where I arrested the prisoner Grant, for assaulting the complainant I brought all the prisoners to the Chriscchurch look-up. John Hopper : lam landlord of the Miners' Arms, on the Coal Track. About half-past three o'clock, yesterday, Donoghue came to my bouse. He had just come down from the Waimakariri embankment, and wai shortly afterwards followed by the other three prisoners. They were all greatly intoxicated — drunk. O'Donoghue . went to the front of the house, and wanted to ' fight two travellers. He stripped and shapad at them. All the prisoners asked for beer, but I refused to serve them on the ground that they were drunk. After some persuasion I got Bowman on to his horse, with Braaon behind, but they came back directly afterwards and said they would not go away without beer. Becoming very riotous on my further refusal, I looked up the bar. They threatened to break It open if I did not let them have the beer. Some persons passing by advised me to give them a glass, if by that means I could get them away. 1 did so, and they went out, but afterwards went into the kitchen ""and "dSmanded more beer. I told them they bad no right there, and when I was putting one of them out Grant got a whip with a brass handle and struck both me and my wife. I became insensible from the effects of the blow, which was on my left temple, . and I feel seriously hurt yet. They took possession of the place, doing just as they liked. Grant attempted to attack me again, but I fell down to avoid the blows. By Grant : You did not ask for tea, but beer. I did not put my hands on your face. I put my hand on you to ask you to go. I had not a stick, nor did I threaten to strike you with one. By Bowman : You came to the house about four o'clock. You were there at the time Grant was there. By Brason: You were drunk and insulted people, and took hold of me. Emma Hopper: lam the wife of complainant. I came home at the time the bar was locked up. When Grant struck my husband, my husband was talkiDg to another man. Grant struck with great force. My husband was knocked down by the force of the blow. My husband had not, ia my hearing, used provo

<cative language to any :-ot them* ,■ They all made use of language which was not fit for any female to repeat. By Bowman : You were in the house at the time of the row. .Robert Gibson : I was coming down the Coal Track to Coward's, Christchurch, yesterday. I stopped at the Miners' Hotel, and saw the landlord trying to get the prisoners away. I went away a short time, and wHen I came back the landlord had locked up the bar. He fWas; then; trying to persuade a man to jgp, away when Grant knocked him down by a blow on the head with awhip. One of the other prisoners seized me by the arm, trying Mto force me off the premises. .'They ; -had taken complete possession of the premises. They were all very drunk and exceedingly riotous. They quite upset all the comfort of all else on the premises. This concluded the evidence for the prosecution. The prisoners made brief statements in defence. Grant said that he hit complainant " sure enough," but complainant had a stick, and should have used it in return. It was only by good luck that he (Grant) escaped unscathed. Complainant threatened to' strike him with the stick before he used the whip. The witness Gibson, recalled, said, in reply to the Bench, that when he saw Grant strike complainant with the whip, the latter bad not a stick of any kind in his hand. The prisoner Ponoghue declined to make any statement, and Bowman denied being in complainant's house at all yesterday. Brason also said he was not there at the time of the row. He did not go to the house until after it was all over. Inspector Fender informed the Bench that he had known the prisoners Grant and Ponoghue for a long time but never knew them to bave been concerned in any .disturbance or guilty of riotous conduct before. His. Worship said, that had it not been for the good character thus given to -Grant, he would certainly bave been imprisoned without the option of a fine. Landlords in outlying districts were responsible for giving 'drink to men in a state of intoxication, and it was only right that in turn they should be fully protected. The assault was certainly a most disgraceful and unwarrantable one, and this must be marked by a heavy penalty. Donoghue and Bowman bad each been brought up before for drunkenness, but were dismissed with a caution. .Brason bad not previously appeared in the Court. The Bench would in considering the -whole case, make allowance for the prisoners having been brought down in custody, a proceeding which must necessarily have resulted ■in some loss to them. Grant would be fined £5, Donoghue and Bowman £2 each, and Brason £1. The Bench would also recommend them to pay for the damage they had done in destroying glassware and crockery, or complainant would have a civil remedy 'Against them. Inspector Feeder informed the Bench that since the Waimakariri protective works had been in progress, disturbances had been of rapidly occurrence in the district, and the present was not the first complaint that had been made from the Miners' Arms. His Worship intimated to the -prisoners that if there was any further disturbances, he would give fair warning that imprisonment without the option of a fine would be imposed.