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MAGISTERIAL., Issue 2789, 12 March 1877
CHRISTCHURCH. This Day. (Before G. L. Mellish, R.M., Dr Deamor, and W. H. Pillietfc, Eeqr.) Dbunkenness. — Two inebriates, who had not been previously before tho Oourfc, were dealt with ; ono was fined 10s, and fche other was remanded fco fcho 20fch for medical treatment : and John Foster was fined 20s, and ordered to pay 2s cab hire. Neil Smith was with Robert Dunn,' also charged with committing a breach of the peace. Smith, who was also charged with assaulting fcho constable, was fined 40s, and Dunn 10s. Obscene Language. — Bridget Ferrick was charged wifch using obscene language in a public thoroughfare, fco wit, Manchester 6troefc, and fined 20s. Laecent. — Thomas Gaffnoy, alias John Clements, alias Haggerfcy, alias Cavenagh, alias John Smith, was charged with stealing a pair of trousers and a vest from fcho shop of S. Cohon, Colombo street. Prisoner was seen with tho articles in his possession, and waß endeavouring to dispone o£ them ufc tho ISorougb Hotol, when ho was taken into custody. Mr Cohon identified the trousers and veßfc as his property. Tho prisonor said that ho found tho articles lying on tho ground. Detective Walker deposed fchafc prisoner had been several times previously convicted of theft; under different names. Tho Bench sentenced fcho prisoner to fchrco months' imprisonment with hard labour. — Jameß Kennedy was ohargod wifch stealing a swag. Detective Kirby said that he met prisonor on Saturday evening coming oufc of Barrett's Hotel with a swsg in his possession, which he Baid was his. Witness took prisoner iuto custody. John Ghirdinoiidentified tho swag as his proporty ; witness had leffc ifc at Barrett's hotel. Never authorised tho prisonor to tako tho swag from the hotel. Prisoner said thafc if ho had not takon fche swag, somebody else would havo dono so. (Laughter). Edward Cookson, landlord of fche hotel, proved fchafc prisonor took fcho swag, saying fchafc ifc was hie. Sentenoed to 14 days' imprisonment, with hard labour. — Jameß Johnson was brought up on remand, charged with stealing from tho person, and was furfchor remandod to March 20. — Riohard Coloman was brought up on romand, charged with stealing a coat from fche Caversham hotel on Feb. 21 lasfc. Prisoner, when arrested afc Addington, said thafc a man gave him the coat to pledge, thafc he did not know the man, nor could ho describe him. Delve' :vp N^il deposed that the coat had been identified by a man named Harrison, as having been lost by him from the skittle alley, at fcho Caveraham hotol. Ifc was proved that prisonor was seen sitting alongside tho coat afc tho hotel, and that he pawned ifc at Nathan's, in tho namo of Richard Sullivan. The Bench sentenced prisoner fco 14 days' imprisonment, with hard labour. Miscellaneous Offences. — Richard Aynßley was oharged with violently assaulting his wife, Ann Aynsley, on March 8. Mrs Aynsley stated thafc her husband camo home drunk and knooked her aboufc fche head, and kicked tho children when they tried to provent him. The defendant's daughter corroborated her mother's evidence. Tho Bench ordered defendant fco enter into his own recognizance of £20, and to find one surety in £10 to keep the peace for 12 months.— Ed ward Barrett wbb charged wifch having, on March 8, assaulted Alexander Anderson, at Woolston. Mr Joynt appeared for defendant. Aftor hearing the evidence, the Benoh said fchafc tho caße was very trumpery, bufc as a blow had been struck by the defendant, ho would bo ordered to pay costs lis 6d. — John Murphy, charged with creating a disturbunco in fche Eastern Hotel, was fined 10b, and fco pay costs 6b 6d.— -Lauritz Neilson was charged with disobeying an ordor of fche Court to contribute £1 per week for tho support of his wife, Deborah Neilson. It appeared that the parties were living in tho same houso. Defendant said that he objected to pay any moro, aB he wanted a separation from his wife. The Bench adjourned the oase for a weok, in order fchafc an arrangement might bo effeoted. — Daniel Stacey waß charged with travelling, on Feb. 10, on the Southbridge Railway, not having paid the fare, and was fined 20s. Assault.— Edward Pooley was charged with having on Feb. 28 violently assaulted and beaten Ralph Donkin. Mr Joynt for the complainant ; Mr Cowlishaw for the defendant. Ralph Donkin deposed that he lived at Warner's Hotel. On the evening of Feb, 28, witness was in the billiard room bar with some friends. Defendant oame to witneie and demanded £26 for a bet. Witness deolined to pay.jjßyho had orjed|off tho bet, as it was an ''9 ,V! r<!j> '» ' •'■ f
unfair one. Twice Pooley wanted to com« promise the matter, and ultimately Pooley said "if you were nofc an old man I would strike you." Ultimately Pooley struok witnessin the face over fcho barman's shoulders. Witness then went away, and then Pooley followed and again asked for the money, and struok witness two or three times in fche face. Witness struok Pooley with a stick in self-de-fence. Pooley then got witness down and Btruck him with his ring several times ; afterwards Pooley followed witness to his bedroom, but was put away by the landlord. Crossexamined : I had made a befc which I refused to pay. I oannot swear thafc Pooley did not offer to submit the befc fco arbitration. The flrsfc altercation took placo in the bar-room. Tho barman saw tho altercation in fche p?8-----sage, and came Bnd interfered. Pooley madeuse of very bad language in the passage, and called mo bad names. When I was walking away with Charlwocd ond Mr Buck, Pooley came and said, " Avo you going to pay me thafc money ?" ITe then took hold of me, and then assaulted mo agcin. Ido not know whether Pooler's bedroom was next to mine afc tho hotel. W. Radcliffo deponed thafc he waa proprietor of Warner's Hotel. Mr Donkin and Mr Pooley lodged thore. On the cTening of Feb. 28, witness saw Donkin on the ground, and Pooley on the top of him. Pooley struck Donkin several timeß, and then a gentlemen camo up and took Pooley away. Mr Donkin then went into ;.tho hotel ; he was bleoding from the nose, and his face was bruised. When Donkin was washing in his room, Pooley came up, and as some altercation was beginning, witness put a stop to it. Cross-oxamined — Pooley did not attempt to push past into Donkin's room. Pooley's face was bleeding and bruised. John Bailey deposed thafc he waß afc the Commercial Hotel on the evening of Feb. 28. Knew Doukin and Pooley. Mr Donkin asked witness whether ho did not tell one of the waiters that fche befc was off. Witnoas said "Yes." Mr Pooley struck Mr Donkin 'first in fche passage ; ho struck him in fche face. By the Bench — Pooley's faco was nofc bleeding then. Oross-examined — They wero in the passage when the blow was struck. The conversation was angry on Pooley's sido, who was nofc very complimentary in his language. Saw nothing moro aftor thafc. Joseph Watson deposed that he was barman at the Commercial Hotol. On the evening of Feb. 28, Pooley wanted Donkin to pay him the amount of a bob. Pooley said thafc Donkin was no gentleman, bufc b swindler, and fchafc he would pay fche out before the nighfc was over; Pooley struck Donkin in fche face, and then witness took Pooley away, and he went out. Don&in gave no provocation to Pooley. Crossexamined : When I got hold of Pooley h© said ho wanted to give tho — — — a hiding. Did nofc hear Pooley say thafc he would go quietly away. Pooley struggled with me. Did nofc hear Donkin refuse to pay fche debt. Thomas Swinton deposed that on tho evening of Feb. 2S he was in fcho Commercial Hotel. Heard Pooley say to Donkin, " are you going to pay or are you nofc ?" Donkin roplied, " No, I told you before fcho match that ifc was a catch befc, and I shan't pay." The witness then deposed to the assault in tho passage, and also to seeing Pooley follow Donkin up stairs, and sending Mr.. Radcliffo up after them. Cross- examinod : .Was not in the habit of betting, bufc made bets occasionally. Was not in the habit of making dishonest bets. Witness' occupation was that of locomotive foreman. Mr Digby was wifch witness at tho timo, but Mr Digby walked away. A gentleman came in with Mr Pooley. Mr Radoliffe was thon towards fche dining-room. Witness advised Radcliffe to go up stairs to prevent a quarrel. Mr Cowlishaw : Have you received any monoy to give your evidence in thia case ? Witness : Certainly nofc. I consider ifc an insult. I never have rehearsed any evidenco, it is fche truth. George Alfred Buck deposed thafc ho was in Donkin'B company afc the Commercial Hotel on Feb. 28. Tho witness thon gavo evidence of the assault in tho passage in the hotel, and said thafc afterwards, in fche passage leading to the Lyttelton Times oSs.cc, Pooley agaia assaulted Doukin, who struok with his stick in self defence. Witness then accompanied Donkin to his room ofc fche hotol. Pooley came up to fcho door and said, "Lofc me havo him," and then Mr Radcliffo got Pooley away. Pooley also said thafc he would havo Donkin in tbo morning. Witness thought; Donkin was very forbearing. Donkin was sober ; could nofc answer for Pooley. Cross-exa-mined : Would swoar distinctly that Donkin did nofc strike Pooley with his stick until ho was struck first. Had nofc been vory aotive in getting up this case. Wonfc with Donkin to a solicitor. Had had a conversation with fche harman and others casually on fcho ca3e, bufc nofching else ; had never rooeived any favours from Mr Donkin. This closed complainants case. Mr Cowlishaw said fchafc after the befc waa wen, Donkin, on being applied to for the monoy, repudiated ifc on the grounds, first, thafc ifc was a catch bot, and secondly, fchafc as Mr Pooley was umpire, fche bet was illegal. Mr Pooley was irritated, and admitted that he did strike Donkin in the hotel, but he did nofc Btriko Donkin outside until Donkin had struck him threo or four tinaes/with a stick. The following witnesses were called for the defence. Thomas Lakoman deposed that on tho evening .of Fob. 28, after high words, Pooley Btruck Donkin slightly inside tha hotel. Donkin then went out, at(d Pooley followed him, and, touching him, on the shoulder, said, " Are you going fco pay me thafc monoy ?" Donkin ..then^tojr'ned round and struck Pooloy heavily three times with astick. Pooley then closed wifch him, and. threw him down. Witness then took Pooley away up fco witness' bodroom, and sponged and plaistered his face. Pooley expressed hie sorrow for what had occurred. Did nofc think Pooloy harboured revengeful feelings against Donkin. Cross-examined by Mr Joynt: It was a slight blow thafc Pooley struck Donkin first, for ifc did not knock him down ; did not hear Pooley call Donkin a name (which ifc is unneoessary to reproduce) - Pooley did nofc strike Donkin at all in the street, until after Donkin had struck him with a stick. Donkin Btruck Pooley one bjow over the eyo, and another in the centre of the forehead. Did nofc hoar Pooley say to Donkin, " You , I've got you now."" By the Bonoh : Pooley was wearing a soft felt hat afc fche time. The defendant was then sworn, and, examined by Mr Cowlishaw, said that Donkin laid him £8 to £1 that be(Pooloy) did not name the individual score of the Eighteen. Witness asked Donkin for the money, and some high words ensued in the hotel, and witness struck him slightly. In the Atreet witness again asked Donkin for the money, and he turned round and struck witness with hie stiok, and then witness closed with him in self-defence. Had Mr Donkin seen witness in his room, he believed that they would have shaken hands and been good friends. When witness named the individual spore, of eaoh of the eighteen, he pnt down a
number against each name. The number he put down was 0(a " duck's egg.") Should not think a professional brother would have made Buch a bet with witness, as he would have had too muoh sense. Went to Donkin's bedroom to shake hands with him. T. S. Sweet deposed that he had heard the nature of fche befc. He considered ifc a fair befc. Mr Cowlishaw addressed fche Bench for defendant, and contended thafc the weight of evidence certainly showed fchat Mr Donkin was fche aggressor, Mr Donkin having mercilessly assaulted Mr Pooley wifch a heavy stick before Mr Pooley; turned upon him. As to the assault committed in the bar of the hofcel, there Mr Pooley, certainly after great provocation, did strike Mr Donkin, and he would submit thafc a slight penalty would bo sufficient to meet the justice of the case. Mr Joynt replied on tbe whole caso, ond Bnbmiltfd thafc ifc was incredible to suppose fchafc Mr Donkin all afc once k assaulted Mr Pooley with his stick in the | street without provocation being given. The — whole affair showed a spirit of revenge on the B part of Mr Pooley, which, he hoped, the Court B would visit heavily. Mr Mellish said thafc th 9 H weight of evidence as to fche second assault H was in favour of the complainant. As to the ■ firßfc aasault, fchafc was admitted. The de- | fendanfc would be fined £5 and costs. f Wilfully and Maliciously Damaging • Pebsonal Pbopeety. — Edward Pooley and Albert Bramhall were charged on fche information of Ralph Donkin with having on Feb. 28, unlawfully and maliciously committed damage and injury to certain personal Dro■r perty belonging to the said Ralph Donkin, * between fche hours of 9in fche evening and 6 o'olook fcbe nexfc morning. Mr Joynt appeared for the oomplainanfc and Mr Cowlishaw for the defendants. Ralph Donkin deposed fchafc on fche evening of Feb. 28, witness waß staying at the Oorr.meroial Hotel. Heard Pooley say that boforo the morning he would have ifc oufc of tho . Witness was advieed to leave the hotol, which he did. The next morning, on going into his room, he found fchat some tracings and plans of fche Lyttelton waterworks had been destroyed, also some articles of clothing. Did not know who had destroyed them. Valued fcho clothing destroyed at from £36 to £38 ; valued fche plans at £60, somo of them could nofc bo reproduced without actual survey. The door of witness' bedroom showed traces of having been forced open. [Leffc sitting.]
MAGISTERIAL., Issue 2789, 12 March 1877
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