MAGISTRATE'S COURT.

Star (Christchurch), Issue 6518, 10 April 1889, Page 3

MAGISTRATE'S COURT.

j LITTELTON". I j This Dat. j i (Before E. Beetham, Esq., R.M.) j ' Ekceiving Money under False Pre- | tencks. — Jamus liogers, alias James Bash- j ■ wood, was charged -with obtaining w£3 from i William Heslop, under falsa pretences. As ! the man was only arrested on the previous ( evening, the police applied for a remand. j Mr J. Joyce appeared for the accused, and j had no objection to the remand. Accused j was remanded until Monday next, bail ! ' being granted in two tureties of £aO each. i Assault. — M. Oonnell was charged with. assaulting Charles Kowe. Me Nalder , appeared for complainant ; Mr Joyce for | defendant. Charles W. Sowe said he i joined the train to Lytteltoa on Thursday i last; at "Wilson's road. It wa3 a second-class carriage, and the train started as soon as ■witness got on. Witness enteredthe carriage ! and defendant asked him to go out, saying i he did not want hitn there. Witness did i not go out, and defendant pushed him out of the door on to the carriage platform Witness remained on the platform untij Newton, the guard came, when he again l attempted to enter the carriage. Defendant again put witness out in the presence of the guard. In the carriage witness wanted to enter there were three men, two i warders and a railway official. Witnessgave i no cause for the assault. To Mr Joyce : i Defendant did not motion him to go out i at lirst. Did not know the men in the ' carriage were prisoners, and defendant did i nob tell witness they were prisoners. J. Newton, guard on the railway : Was not i aware that a carriage wa3 engaged to take l prisoners to Lyttelton. Saw the last v/iti cess oa the 5.30 p.m. train on Thursday last. Saw a warder put Eowe out of the carriage the prisoners were travelling in. J. Joyce : Waa not aware when the train lef fc Christchurch that any other but warders and prisoners wore in the carriage. Tho . train was pretty full. The portion of the j carriage blocked off from the prisoners was n simply full. H. Pilkingtoa, stationmaster [ at Uhrißtchurch, placed a man at the door , of the carriage in question to keep the '. general public away from the prisoners. 5 It was not marked "engaged," and no notice of any description was on tho car. > Henry Newton, messenger for the Lyltelton t Times Company between and Christchurch, saw Eowe gefc on the train, and saw a warder refuse to let him get in the carriage. W. Ayling, another runner, gave similar evidence. Mr Joyce called M. Connell, iprincipal -warder in P Lyttelton Gaol: Was in charge of the prisoners for the Supreme Court trial. » Always had a separate carriage from Lytfeeiton for the prisoners. Oa the ' evening in question witness was directed at Chriatchurch to the carriage by a c porter. The priEoners were put in the i carriage, and the door was locked. A railway official was also in the carriage. At the Wilson's road railway station Eowe 5 came on to the carriage. Witness put up „ his hand and said, "You can't come in

here." Eowe opened the door and said, " I will come in." Witness three or four times explained that it was a prisoner's carriage, and he must not come. Rowe persisted in coming in, and wituesa put him out on to the platform of the carriage. Used no unnecessary violence, and was cot excited. Eowe stayed out on the platform for some time, and then attempted to get in again. The guard came into the carriage, and went away with Kowc. To Mr Nalder: There was nothing opecial on the carriage. The prisoners were in ordinary clothes, but j were handcuffed. Mr 801 l was the other warcle"r. Thomas Bell, a warder in lLyttelton Gaol, corroborated the evidence of the j last witness. His Worship, in giving I judgment, said however desirable it was to keep the public away from prisoners, as there was no notice on the carriage, Eowe had a right to enter it and travel. Defendant would be fined 10a and costs.