MAGISTERIAL.

Star (Christchurch), Issue 5519, 20 March 1896, Page 3

MAGISTERIAL.

m CHRISTCHURCH. Friday, March 20. (Before Mr H. W. Bishop, S.M.) Drunkenness. — A first offender was fined ss, in default twenty-four hours' imprisonment. Larceny.— Albert Burt was charged with having on Jan. 1 and March 19, stolen f our pairs of shoes and three pairs of boots, value «£3 13s, the property of Skelton, Frostick and Co. He pleaded guilty and was remanded for the report of the Probation Officer. Alleged Assault by a Government Official. — John Lomas, Inspector under the Shops and Shop Assistants Act, was charged with having, on March 12, assaulted Evelyn Morris by striking her on the face and arm. Mr Weston appeared for the complainant,, and Mr Stringer for the defendant. The complainant, Evelyn Morris, deposed that she was the wife of Isaac Morris, cigarette manufacturer, in High Street, and last Thursday evening she was sitting in her > room, which is divided from the shop by a partition. There were three gas jets in the room, and the one that was burning was the one farthest away from the shop. There was no light in the shop, and the front door was locked as usual. Witness had admitted some visitors — Mr and Mrs Schlesinger — 'and while they were sitting talking witness heard a noise as of the door being shaken. Tliey went out and the front door was then forced, and Mr Lomas came flying in. Witness told him to go oiit, and he refused, and witness was struck by the stick Mr Lomas was carrying, and received a black eye and a blow on the shoulder. Whether Mr Lomas struct her purposely or not she could not say. Mr Lomas tried- to force his way into her sitting-room as well. Mr Lomas said to. Mr Schlesinger, "I have got it in for you, too." Witness had been ill, and the noise made her very excited. To Mr Stringer : When Mr Lomas came in he said, " Why don't you keep this door locked?" and witness said it was never locked any more. Witness could not say whether the blow was intentional or not. Did not catch hold of Mr Lomas to put him out, nor did she hear Mr Schlesinger use strong language towards him. , Adolph Schlesinger deposed that when he and his wife and daughter went to Mr Morris's he tried the door first, but could not open it and then knocked. When the noise was heard at the door Mrs Morris went out first and then called out for witness. On his going into the shop Mrs Morris said — " He hit me," and witness said — "You scoundrel, to hit a woman, you had better go out of this," and tried to put Mr Lomas out. Mr Lomas said — " It's you, is it ? I have got it in for you," and went for witness. They had a struggle and witness's wife separated them. To Mr Stringer : Witness did not use any abusive language towards Mr Lomas, beyond calling him a scoundrel. Mr Lomas called him the same. Witness had been convicted for keeping open on Thursday, for selling on Sunday, for selling fictitious stamps.and for selling the Police Gazette as an indecent publication. Madeline Schlesinger, wife of the last witness, also gave evidence. Isaac Morris statedthat the front door of his shop was fastened with a catch-lock. The day following witness found that the lock was loose. To Mr Stringer : Witness's place was registered as n, factory. George Vincent stated that he was in the billiard room above Morris's shop when he heard a noise as of somebody trying to force an entrance into the shop. Witness went down and heard Mrs Morris ask Mr Lomas to leave the shop. This he apparently refused to do, and witness then heard screams, but could not say from whom. Henry Paget, night-watchman, stated that about twelve o'clock on the night in question he tried Mr Morris's door and it.yielded to his pressure. Went the next afternoon, and Morris then told his that the lock had been repaired. For the defence Mr Stringer, called the defendant, John Lomas, who stated that on the night in question his attention was attracted by a light between the curtains at the partition in Mr Morris's shop. He tried the door and it yielded at once, and witness went inside the shop. Mrs Morris came out and said, " Inspector," we have no one here ;" and witness said, " How is it this door is not locked ? If it will admit me it will admit the public." Mr 3 Morris said it was fastened the same as usual. Mr Schlesinger then opened the door in the partition and used abusive language to witness, and ordered him out. Witness told Schlesinger to mind his own business, as he (witness) had a right there. Schlesinger caught hold of witness to put him out, and witness handed his stick to a by-stander, as a crowd had collected. Each time Schlesinger caught hold of witness, the two women assisted the former, and there was a melee Witness never struck Mrs Morris with his stick. To Mr Weston: The light in the shop on the evening in question was brighter than usual. Until Mr Schlesinger came on the scene, Mrs Morris never objected to witness's being in the shop. Schlesinger slammed the front door after he had assaulted witness. When Mrs Morris said that witness had assaulted her, she was stating what was untrue. Frederick Kellick stated that he happened to be passing along High Street on .Thursday evening, March 12, and heard some disturbance in Morris's shop. There was plenty of light. He did not see Mr Lomas go into the shop, but saw Schlesinger come into the shop from the back. Mr Lomas and Mrs Morris were talking together, but as soon as Schlesinger came in Mrs Morris got excited, and ordered Mr Lomas out. Schlesinger shut the front door then to prevent Mr Lomas going out, but it was opened again by Mrs Morris. Did not see Mr Lomas hit anybody with his stick ; he handed it to witness's mate when Schlesinger caught hold of him. Schlesinger used very abusive and strong language to Mr Lomas. Both women interfered in the disturbance. To Mr Weston : Mr Lomas did notuseanybadlanguageatallj hewasquite calm, and did not move until Schlesinger caught hold of. hint. All Mr Lomas said was that he had a right to be there. Henry Savage, who was with the last witness, gave corroborative evidence. This closed the i case. His Worship said he had no doubt whatever that no deliberate assault had been committed. The case would be dismissed with costs. A Counter Charge. — Adolf Schlesinger was charged with having on March 12 assaulted John Lomas ; and also with having used abusive and threatening language towards him, wherefore he prayed that the said Adolf Schlesinger might be bound over to keep the peace. Mr Stringer appeared for the complainant, and Mr Weston for the defendant. Evidence similar to that in the previous case was given by John Lomas. He also stated that, on two previous occasions, Schlesinger had used abusive language towards him. Frederick Kellick also gave evidence. The*defendant, Schlesinger, denied having used the language complained of, and his ■wife said she had not heard him. His Worship said the charge of assault would be dismissed, and on the other charge the defendant would be ordered to enter into his own recognisance of .£25 for six months and also to pay costs. Miscellaneous. — Louis Sorensen was charged with having assaulted John Fin--1 nerty. The accused did not appear, and a ; warrant was ordered to be issued for his arrest. — Ellen Cockayne was charged wfth having, on March 13, assaulted Jane Scott. Mr Donnelly appeared for the informant, and Mr Byrne for the defendant. After hearing the evidence his Worship fined the defendant 20s and costs. — A case against Edith Dale, charged with failing to clear gorse from her land in the Springston Road district, was adjourned for a week.