MAGISTERIAL.

Star (Christchurch), Issue 3657, 31 December 1879, Page 3

MAGISTERIAL.

♦ CHRISTCHURCH. Tins Dat. (Before G. L. Mellish, Esq., R.M., and John Ollivier and Alexander Lean, Eiqs.) Riot and Assault. — Thomas Woods and Michael Leary, who had been arrested on the previous day, wero charged with riot and assault, and were remanded until Friday morning. Aiding and Abutting. — John Barrett, who had been arrested on a warrant, was charged with aiding and abetting Patrick Oudf'ihy and others in riot ar.d assault, the (*har*.ri being laid subject to the provisions of fche Accessories Act, 1867, sec. 8. Mr Joynt appeared for the accused. In this case also Superintendent Brohom asked for a remand until Friday morning. Mr Joynt submitted that in this case bail might be granted, as Mr Barrett's incarceration u/ilil Friday morning would involve his affairs in disastrous consequences, ho having large contracts in hand, and thiß being his pay-day. Of course the bail might bo fixed in any amount the Bench thought propor. Aftor consultation tho Bench elicited that thore was no bond in connection with these contracts, but that there were cash deposits. Bail granted, accused in the sum of £1000 and two sureties in the sum of £500 each. Accused named as his sureties James Mulligan, draper, and William Vincent, City Brewery, tho police raising no objection to those gentlemen. Laeceny feoit the Pehson. — Henry Russell, alias Buchanan, alias Stewart, was charged with the larceny from the person of a cheque, value £15, tho properly of a German. Superintendent Broham appliod for a remand, another person being implicated, and prisoner having been arrested only on tho previous day. Remanded until Jan. 3, with the understanding that' a further remand would then be granted in the ovent of tho police not being then prepared. Fusions Driving —William John Somerville, on remand from Dec. 29, was charged with furious driving, and also with committing a violent assault upon H. E.Nathan Ifyam Edward Nathan, auctioneer, deposed that he was one of the speoial constables engaged on last Friday evening, and that several cabs rushed through the line. Tho cab driven by accused was oi dered to stop, but the man refused to go back. Witness was at tho side of the horse, and when accused pushed forward again, the horse knocked witness down, the wheel of the cab goirg over his log. Accused continued to urge the horse on. In reply to Mr Neck, who appeared for accused, witness said he lifted his stick, but did not striko tho hono. An attempt was made to stop several other cabs, but without success. Sergeant Hughes deposed that he saw the occurrence, and called upon accused to stop. Ho flogged tho horse into the lino of constables, and it was not until after he had dono this that the lamps were, broken. The thoroughfare was a public one, but witness was authorised in stopping accused because he waa driving to the danger of lifo and limb. It was when the horao baulked at the line of special constables that accused used the whip. No public notice was given of the stoppage of traffic. Constable M'Cartby gave corroborative evidence, and stated that accused drove into tho crowd at a furious pace. Several persons tried to Etop him, and one was struck by the shaft and knocked nnder the wheel. Immediately upon this, accused drove away again at a furious pace, but he was shortly afterwards stopped. It was aftor the accident that a stono was thrown, breaking one of the lamps. Superintendent Broham called attention to clauso 4 of tho Canterbury police

ordinance, 1858, providing that no person could be permitted to drive to the danger of the public. Accused, on being sworn, Btated that he was perfectly sober, and did all in his power to control the horso ; it wos Btruck with a Btick, and became unmanageable. George Wells "saw one or two persons attempt to strike the horse, but could not sco exactly whether they struck it or not." Oou'd not say whether accused used tho whip. The Bench having conferred upon the eas?, again placed accused in the witnoss box, and he stated that his horse was struck just as he enterpd the crowd. Could not say if he passed through two crowds. Ho was pulling his horse -up when he got arrested. His horse was struct; before coming to the Borough Hotel, in the same crowd where he was stuck up. The Bench remarked that accused, who had no fare, appeared to have charged at the crowd for tho fun of seeing the peoplo scatter. The case was clearly prjved. Mr Nathan said he could not say what his expenses would be, as ho had not yet received the doctor's bill. Accused was fined 40s for the furious driving, the assault ca?e bring held over for a week so that in tho meantime Mr Nathan could ascirtain what his expenses would be. It waa not considered necessary that accused should remain in custody. Breaking into and Stealing. — John Anderson, on remand from Ashburton, was charged with breaking into and sealing from a dwelling, two watches, and about lGs in money, of the total valuo of £9 6s, the properly of Edward A. Worthy. Mr Worthy stated that he was a schoolmaster at Christ's College, and that on the morning of Dec. 26, he retired to bed at half- past one o'clock. He subsequently missed two watches, one a silver hunter, and the other a railway regulator. He also missed about 16s in money, and a ring, to which were attached two keys (one gold) and a threepenny bit. Had seen all the properly the day before, the money being in a cash-box, the Bilver watch on the study table, and tho railway regulator on (witness thought) the drawing room table. Somo cake, biscuit, and wino waß also taken— about half a bottle of sherry and a cake. Entranco was effected through a glass door in a passage between the study hnd dining room. The door was shut, but not locked, and the morning it was found open. Witness described othor arlicles which were found and handed to him the day after tho robbery. A few days sinco the kejs and the railway regulator were brought tj him by Constable Beaumont (articles produced). Constable Beaumont, stationed at Ashburton, deposed that he arrested prisoner on tho 21st inst at Ashburton, on the charge of being drunk and disorderly, and on searching him found the property produced. Witness subsequently arrested accused on tho present charge, in answer to wliich ho said, " It's not right." John Hutton, labourer, gave evidence of having on Nov. 26 picked up a gilt coin on tho lawn at Mr Worthy's. John Monson, partner in the firm of Petersen aod Co., jewellers, stated that ho could identify the watch cold to Mr Worthy. The number would be 6336 and 2 undoi neath. The watch produced was not the one. Witness went on to oxplain that, by reference to his books, he might possibly be able to say to whom this particular watch was sold. The firm had about a dozen of theso watohes, exactly alike in mako. The one produced boro the private mark of the firm, but it certainly waj not tho particular one sold to Mr Worthy. (The watch produced waß numbered 6351 and 4 underneath.) Witness could Bwear to the identity of one of tho keys produced, and he could also swear to the the other as being Mr Worthy's. Since selling the watch to Mr Worthy it had not been back for repairs, though it might have been for regulating. The day-book which had been referred to by Mr Monson was here sont for, and his statement was shown to be corroct, The Bench thought that ths watoh muat in some way have been changed. Mr Monson promised to look further into the matter. The keys and ring having been positively identified, the Bench thought there was sufficient evidence to Bend tlie caso for trial, but on tho application of Inspector Hickson, the matter was remanded until Saturday.