MAGISTERIAL.

Star (Christchurch), Issue 2724, 21 December 1876, Page 2

MAGISTERIAL.

OHRISTOHUROH, This Day. (Boforo G. L. Mellish, Esq., R.M., J. Ollivier, and W. Deamor, Esqrs.) Tho Court oponod at 15 minutes past 11 o'olook. Dbunkenness.— Lawrenoo Ryan was fined 10s i Joseph Kingston was fined 10s. Fighting in a Public Stbeet.— Morgarot Clark and Mary Maulo, two womon of illfamo, who had boon arrosfied for fighting in High stroot, admitted tho offonoo. Clark said shohopod tho Benoh would look ovor tho mattor this timo, as sho only oamo out of gaol yesterday. Clark, as boing tho aggressor, was flnod 10s. Tho oharge against Maulo was dismissed. Vagrancy.— Henry Russell, alias Buohanan, alias Stowart, was brought up on a oharge of this nature. From the ovidonoo it appoared that tho prisoner, who was arrested in a brothel, had for many months post boon living on prostitutes and loafing on drunkon mon, whom ho had beon suepootod moro than onoo of robbing $ also thafc ho had no lawful visible moans of support. Prisonor said it was false, and that ho was supported by his friends in Viotoria. Ho begged that tho Bonoh would allow him 2d hours to oloar out, and ho would do so. His Worship oonsonted to do this, instructing tho polioo if prisoner was found in tho town afc tho expiration of tho time mentioned to arrest him again. Lunacy teom Drink.— David Campbell, who had beon remanded to Lyttolton for modioal troatmonfc, was again brought up, and being fully recovered, was dismissed. Illegal Sale ov Liquobs.— John Carl, lioonscp of fcho Empiro Hotol, admittod having kept his house opon and sold liquors during prohibitod hours on Doo. 10, and was fined £5. ALLIGATION TOE AN ORDBR 01' THE Court to be Altered.— Joseph Lloyd applied for an rilfceration of an order of tho Court, for him to oontributo 12s por wcok towards tho support of his wifo. Ho submitted a written statemont of his inoomo to tho Bench. This showed that tho total amount of his annual inoomo was £111 Bs. His Worship said it appeared that, m addition to thin, applicant had a houso freo, and fcho Bonoh did not sco any roason fco alter tho order. Applicant said ho wob quito unablo to pay 12s per weok, as ho had an aflliotod daughter to support. His Worship said if tho girl was unablo to do anything for hor own support, it was a, question whothor hor sistors should nob contribute towards it. The Bonoh saw no roason to alter tho order, aud tho application would therefore bo dismissed. Horses and Cattle at Large.— Tho following persona woro fined for pormifcting horsoß and oattlo to wandor at largo :— Jomos Bentloy, 5o ; Honry Knowlos, ss ; W. H, Mein, ss ; W. Vinoy, 5o j 0. Lewis, 5« j W. S. Lewis, 6s ; J. Totley, ss ; D. Howard, 5s ; H. Mileom, 5s ; G. S. Simpson, 5s j Thomas Hiokling, 5s 5 Georgo Clark, 5s j James Bossor, 5s ; Jamoß Herd, 5o j John Cuff, ss ; D.Howard, two oft'ouocs, 10s j JamesSpensloy, fis.

MISOELLANEOTTB Ombnohs.— James Woods for breaking a horse in High street, was fined 10s.— David Girder was ohargod with having obstructed Oxford terraoe by allowing a house to remain thereon beyond the hours allowed by tho Oounoil. As the offence appeared to havo been the result of an aooident, tho case was dismissed.— o. Oswald, for causing an obstruction in Horoford street by leaving a houso thoreon, was flnod 10s, and for negleoting to keep a light burning on it between sunset and sunrise was mulcted in a further sum of 10a.— J. G. Hart, for tothering a horso in Oxford torraoo, was fined 10s. — John Dalwood, for unduly absenting himself from his lioensed horso and oab, was fined 10s. — Edward De Jorsoy, for a similar offence, was also fined 10s.— Luko Adams, for tothoring a cow on a publio road at Waltham, was fined 10s.— S. Lawrence, for having tethorod ahorse in Jersey streot, was fined 10s. — Riohard Bowon, for having furiously driven a horso and buggy on tho North road, was fined 20s. — Walter Hartnall, for having ridden on a cart drawn by two horses with no reins attaohed, was flnod 10s. — Edward Gwatkin, for having pormittod two dogs to stray into Hagley Park, was fined 10s. Wife Debeetion.— Biohard Searlo negleotod to appear in answer to a charge of having doserted his wife. Complainant said her husband was quite able to work. The Bonoh made an ordor for accused to pay 10s por week. One Unm.easant Rebuxt o* a Bankbuptot. — James Lynn was oharged with having assaulted John Hughes. Mr Thomas appeared for tho proseoution. Complainant said ho was a builder, and aooused was formerly in his employ. A short time ago complainant found it neoessary to file his sohodule, and at that timo acoused was working for complainant oa Mr Dana's building. Complainant had oooasion to go there to see Mr Dann, when aooused came up to him, abused him in strong language respecting his bankruptcy, and tried to provoke him to fight. He tried to paoify aooused, and told him that the bankruptcy would not hurt him, as he would got his wages (£s los) on tho following Wednesday. Aooused demanded them on the spot, but complainant said he oould not pay, whon aoousod remarked, "Then I'll take it out of you now," and struok him in the eye, knocked him down, and kioked him while on the ground. Mr Dann was present at the time, and not onlysoemod to know that the assault was to be committed on complainant, but also stood inaotive during the whole of the affair, and when oomplainant blamed him for this, Mr Dann said ho thought every man should be able to defend himself, and that complainant deserved what he had got. OomElainant was very muoh hurt, and Dr Doamer ad to bo called in to attend him. Aooused denied having used abusive language, or that oomplainant told him he would get his wages in full on tho following Wednesday. C. G. Dann said oomplaimant had no right to oome on to the promißOs on the oooasion of the assault. He had done with the contract. He had oomo to the building on a piece of roguery, and it would have been better if witness had himself put oomplainant off tho premises. Aooused oame up in an exoited state and asked about his wages. Witness did not hoar him first use abusive language to oomplainant. Aoousod was not a friend of witness. He had no sympathy with aooused, except that he believed him to be a hardworking, steady man, and that oomplainant had not aotod fairly by him. When aooused asked complainant about his wages, the latter made a very insulting reply. A souffle then ensued, but witness oould not say who struok the first blow. He knew he was on hia oath, and atill could not say who straok tho first blow. Accused pushed oomplainant first, but tho latter hod provoked him before that. When oomplainant asked witness to interfere, ho replied that he thought oomplainant was -bio to defend himself against aooused. Ho did not see oomplainant knooked down. There was a scuffio,during whioh both woro on the ground. He oould not say who was under. The whole affair was over too quiokly to notioe. He did not see a mark on complainant whon ho appealed for assistance. Aftor the boulUo, oomplainant pioked up a fiieoo of board to striko aooused, when the atter pioked up anothor pieoo and made a blow at oomplainant with it. Tho blow alighted on tho pieoe of board oomplainant was holding up, and a nail in it was thereby driven into complainant's head, near one eye. He believod oomplainant was vory muoh hurt, and witness tried to lift him up, bnt he was awfully spiteful, and tried to kiok witness. Dr Deamor, called, said when he examined oomplainant ho found a triangular wound, penetrating to the bono, on the tight temple, a punotured wound in the oorner of the eye, penetrating for some distanoe, and sundry bruises about the nose. Tho nail on the pieoe of timber produood oould not havo caused tho wound in the oorner of the eye. The wound on tho right tomplo and that in the oornor of tho eyo could not have been caused by tho same blow. Oomplainant repealled, said he novor brandished a pieoe of wood at acoused. He took up a pieoo to protect himsolf, but ifc had no nails on it. Ho was quite oortain of this. Aooused made a statement in defence, to tho effeot that he went to atk Hugheß for his wages, when the latter said in an insulting tone, " Don't epcak to me about fchom." Accused thon struok complainant, and later on caoh of thorn took up a piooo of timbor. Ho described what ooourred after this in tho same manner as tho witness Dann had dono. His Worship said there oould be no doubt that a vory serious assault had beon oommittcd by aoousod, who, for any matter in whioh ho folt aggrieved, should have taken a legal remedy, nnd not aotod in tho manner he had. In oonscquonco of tbe serious nature of tho assault, (unused would be fined 20s, and havo to pay all costs. Vioibnt Assauit.— James M'Gill, on remand, was ohargod with having violently assaulted Ellen Jordan, and dono her grievous bodily harm. Mr Izard appoarod for the dofocco. Prosecutrix, on being called, askod if sho could not givo evidence without being sworn. His Worship said not unless sho hod religious scruples against taking an oath. Prosecutrix said sho had no criminal evidonoo to givo. Prisoner was in liquor and very muoh oxoitod whon V 0 insulted hor. He was quite a stranger to he*, and she, 88 the Buf* ferer, was willing to put up with what had takon plaoo. Mr Izard said, f ro~i this he supposed that prosecutrix wishedtown*»ciK.wthe oharge. Inspector Buckley said he hop*4 the Benoh would not allow tho oharge to bo wtvh. drawn. Prosecutrix' lifo was in danger for a fortnight. Prosecutrix said she was willing to put up with all that. Inspeotor Buokley pointod out to tho Bench that prosecutrix was under the influonco of liquor. His Worship said tho Bench would not allow the oase to be withdrawn. Mr Izard then asked for the evidenco of Mrs Welstoad, the only witness of the alleged assault, to bo taken. His Worship deolined to allow this to be

done at present. Inspector Buckley asked that the evidenoe of Dr Hayes, who wished to return to Kaiapoi, be token. The Bench agreed to this being done. Dr Hayes called said, on Nov. 30 he was house surgeon at the Ohristohoroh Hospital. On that date Ellen Jordan was admitted to the hospital, and I saw her between 9 and 10 o'clock. She was suffering from a wound inside the left thigh. Wounds ef this kind were always more or less dangerous. The danger was from hemorrhage. He attended her up to Deo. 8. At that time her life was in danger. The wound was one whioh might have been caused by a kick from a man's boot. By Mr Izard : The wound could have been caused by other means than a kick. It migbt have been caused by falling over a log or a roil. There was no particular reason for supposing it was caused by a kick. By Inspector Buckley : Of course it would all depend upon the force with which the woman fell. It was certainly possible for the wound to have been caused by falling on a log of wood. Prisoner was then remanded until Friday, the Benoh offering to acoept one surety of £40 for his appearance opon that date. Oabb~bbs Dbivino.— Philip Ball was summoned for driving on the Ferry road in suoh a manner as to endanger the lives of sundry persons. Mr Joynt appeared for the in* formant, C. Dalwood and Mr G. Harper for tho acoused. Complainant stated that on Dec. 8, while driving along tho Ferry road towards Sumner, he endeavoured to pass accused's coaoh, whioh was in front and going at a very slow pace, but accused kept drawing across the road to prevent him. Shortly after •passing the East town belt, complainant made an effort to pass acoused, and had to run down the side of the road, plaoing his coach in a most dangerous position. Complainant whipped his horses to get out of the diffioulty, and a collision occurred, the result of whioh was that Ball's horses swerved to the other side of the road, and lodged tbe coaoh iv the ditch, doing some damage to it. By Mr Harper : Acoused's ooach was on the off side of the orown of the road, and would not give way or drive faster. He did not see anyone measure the ground after the occurrence. Messrs J. Ollivier, J. Marshman, Dunnett, Miles, Virtue, T. Ollivier and 0. Palairet gave evidence to the effect that aooused, though called to turn, would not give way for complainant or drive faster ahead ; that acoused's coaoh was, according to one witness, on the orown of the road, and ao* cording to the others rather on the off side of the orown of the road; tbat there was not sufficient room ' for complainant to pass ; that when complainant attempted to pass, accused drew his coaoh further down on complainant's side of the road; that complainant's coaoh was as low down towards the side of the road as it could be j that it was lying over very muoh when he passed acoused, and tbat the attempt was fraught with some danger to the passengers; that when tbe wheel marks were measured next day, it was found that acoused's coaoh was on com* plainont's side of the road when the affair ooourred. For the defence, Messrs W. Jones, Dunbar, Marks, Fletcher, Berry, and Ball were called, and gave evidenoe to the effeot that acoused did not obstruct Dalwood j that no one heard the latter call out for room to pass; that the former was driving at the rate of eight miles an hour ; that Dalwood passed at a cantor; that on measurements being taken directly after the accident it was found that Dalwood had plenty of room topass without colliding ; that Ball's coach was slightly on the off side (Dal wood's side) of the road, but there was a space of 16 feet from Ball's outer wheelmark to the ! side of the roadway ; that, after passing, Dalwood drew across Ball's horses,and thus caused the acoident ; that Ball was driving a little on the off side of the road, because there was new metal on the other side ; that after passing, Dalwood oould have driven away without crossing Ball, and that when Dalwood did cross Ball, who had pulled off on seeing him trying to pass, a collision occurred ; and that, at this time, Ball's ooach was within three feet of the ditch on his own side of the road. The oaae was dismissed.