RESIDENT MAGISTRATE'S COURT.

Wellington Independent, Volume XXVIII, Issue 3819, 31 May 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, May 30th. (Before J. 0. Crawford, Esq., R.M.) THE RESULTS OF DRINK.

Letitia Price, who had been remanded on suspicion of lunacy, brought on by excessive drinking, was discharged from custody, the excellent hygenic arrangements of Mr Reid having made a " perfect curs" of her. FOUL CHIMNEY. David Brandon was charged with this offence, but on his showing that he had only just entered upon his occupancy, he was dismissed wi£h a caution. It appeared that the chimney was very dirty, and led to the fire engines being turned out. ASSAULT. (Before Messrs Dorset and 0. 0. Graham, J.P.) Robert Carson was charged with having committed a most violent and aggravated assault on Mr A. A. G. Pilmer, on the night of the 24th. Mrßorlase appeared for the prosecution, and Mr Allan for the defence. The former gentleman recapitulated the main features of the case somewhat minutely, and then called the prosecutor, A. A. G. Pilmer, who deposed that on Queen's birthday night, as he was leaving the Panama Hotel he heard loud and continuous cries of " murder" close to Schwartz's store. While crossing over he saw & man going towards Taranaki street south, and two saddled horses close to the store. As he ran up one man attempted to mount his horse, but as he was putting his foot in the stirrup witness seized him round the waist. After struggling a moment the man called to his companion saying " take this man off me." Immediately after he was stunned by a blow above the temple given from behind, which stunned him, and drew blood, causing him to relax his hold ®f the horseman. On turning round he received another blow over the eye which drew blood very freely and knocked him down Blows then fell thick and fast upon his head, and hoping that the people in the Panama Hotel would hear his cries he shouted out as loud as he could, still holding on to the horseman as well as he could. Witness was then sitting on the ground. Unable to hold on any longer

he let go and the man got ontp ,hjia korst and escaped. Amongst' the injuries witness received was one sev«te kick in the side, the effects of which, fiad-not yet left him. i Ps , '. \p\ By Mr Allan/ : I had about three glasses of dark brandy and water during the time I was there. I can swear tolmtness because I recognised his voice wheirne spoke to his mother in the Court. I. don't know that I ever saw the man. When lying on the ground I was kicked on both sides of the head simultaneously. William Sheehan, a carter, said that on the night in question he was at Somerville's Hotel. He left shortly after twelve o'clock, in company with Patrick Menchan. The prisoner and 'a man Barney followed us. Witness had spoken to them in the hotel, but not after leaving it. He was assaulted close to the P^MP* Hotel, getting a blow on the head^roich cut through his hat, another on the lions, a cut on the lip, and a severe blow on his arm, which swelled it very much. The prisoner and his companion were ,there. Witness was knocked senseless, and could not say who struck him ; and remained so till noon next day. He could not recognise the doctor who attended him. By Mr Allan : Had no more than two glasses at Somerville's. Was only there an hour. Saw prisoner and Barney following on horseback in Ingestre street. Knew them, having spoken to them several times* Had no idea who struck him. Did not see prisoner or his mate get off his horse. Had no angry words with prisoner either there or anywhere else. , Had not yet got rid of a severe pain in the loins from a kick.

Robert Somerville, landlord of the Imperial Hotel, said the prisoner and Barney were at his hotel on the night of the Queen's Birthday. They had horses, and left them at the stables that evening about seven o'clock. Sheehan was also at the hotel at the time. There had been no quarrel between any of them. All went went away together. Barney was requested to take Sheehan home, as he was drunk and abusive. Witness was certain he had not served Sheehan with more than one glass. Barney took Sheehan away as if to go home with him. By Mr Allan : Barney and Carson were requested to take Sheehan home with them. Told the names of these men a few days ago to Mr Pilmer.

Patrick Menchan said he was at Somerville's hotel on the night mentioned, and left about midnight with Sheehan. When near the Panama Hotel saw two men come galloping behind them fit to ride overthem. Did not recognise them. Jumped out of the way to, let them pass. The first horseman passed, and he then saw Sheehan knocked down by a whip. Before he had time to say or do anything he was himself knocked down by the blow of a whip from the second horseman. The blow came too sudden to allow him to recognise any of them. He cried out, and then witness remembered no more until he came to his senses while lying in thePanama hotel. By Mr Allan : Sheehan was knocked down by the man who waa riding one horse and leading another. It was dark. Itwas the second horseman who knocked witness senseless . .Sheehan' was in liquor, but was capable of going home. Witness and he were arm-in-arm. Could not say whether the men intended the blows or whether they rode right on, having been rendered unconscious. ■• .

Mr Somerville being recalled by the Bench, said he had not observed that Barney and Caraon had whipß of such a description as would inflict the injuries received. Sheehan- and Menchan were not in the house more than a quarter of an hour. Believed Menchan left about the same time.

Mr Allan, who adduced no evidence, addressed the Bench at great length in order td show that there was not a particle of evidence to criminate his client, and that the assault complained of and the injuries received might have been brought about in a thousand different ways besides the mode evidenced. Besides, as alHhe witnesses had partaken of more or less drink on that night, he submitted that the Bench would scarcely be justified in relying upon such testimony so far as to deal summarily with the case or in sending it before the Supreme Court. Mr Borlase regretted extremely the painful necessity forced upon him of pushing this case ; but the unusually brutal and aggravated nature of the assault called for exceptional treatment. This kind of thing was becoming far too prevalent, and must be put down. As to the facts of the case, pointing to the complicity of prisoner, he had not the shadow of a doubt, and he could not think that the Bench could have any doubts on the matter.

The prisoner, on being asked if he wished to say anything for himself; said he was perfectly satisfied with the defence made by his counsel, to whioh he could not add a word except to say that he waa perfectly innocent of the charge, having never lifted hand or foot, or whip to the prosecutor.

Mr Dorset, speaking for the Bench, characterised the case as one of the most gross, and wanton, and outrageous assaults which it was possible to, commit. There oouldbeno doubt as to that feature of the case, and the Bench had determined if possible to prevent such dastardly conduct. It was only that very week that he was himself compelled to interfere to save a man from being ill used.- The evidence which they had just heard showed that the assault might hare resulted fatally to at least one of the party if not to more. As for Mr Pilmer's evidence, it had been so clear and direct thst the Bench felt bound to believe every word of it. As to the outrage upon the other men there was nothing but very indirect evidence to convict anybody upon, though it was patent that they had also been very ill-used. The Bench would therefore give the utmost punishment which the law placed in their power to inflict, and they only regretted that that was limited to two month's imprisonment with hard labor.