RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume V, Issue 1041, 4 January 1884, Page 3

RESIDENT MAGISTRATE’S COURT.

ASHBU ETON, -To-day.

(Before His Worship the Mayor and T. Bollock, Esq , J.P.’s)J Breach or Borough By-laws. J. Stewart was charged with unlawfully carrying passengers to the Caledonian Sports on Boxing day, he not holding a license to do so. Sergeant Felton and Constable Hicks gave evidence in support of, the charge.—Jas. Mcßae deposed that he had engaged the defendant to carry some cf the members of the Committee to the sports. When he had done this he asked him to take his (witness’s) wife and family to the ground. Case dismissed. A second charge against the same defendant was withdrawn. PYROTECHMCS. Albert Crum and Edward Johns were charged with letting off fireworks in East street on New Year’s Days. Both boys pleaded gu.lty. Crum was fined 5 3, and Johns Is

DRUNKENNESS AND ROBBEKY. 0. Sweeney was charged with being drunk in a public place, also, with the larceny of a parcel containing a pair of shoes, braces, and other small at tides. — John Rent, shearer, deposed that he had left the articles named in the information in the charge of Mr Route, of the Canterbury Hotel, at Mt-thveu. They were tied up in a white handk-rohief.—Wm. Rouse, sworn, said he was the proprietor of the Canterbury Hotel. Had re"e ved a parcel from the last witness, and had it behind the bar. This oaa between 8 'slid 9 o’clock on the evening of New Year’s Day.—Constable Black, mountedoonstsble in charge of the Methven district, arrestee prisoner about 12 o’clock at night. He was lying near a gorse fence with a parcel. Asked him what it was, and be replied it was tucker.—ln defence the prisoner stated that he had on New Tear’s Day bought some tucker, which he tied up in a white handkerchief, the parcel looking very much like the one he was charged with stealing. He got drunk daring the day, and must have ta‘- en the wrong parcel Fined 10s for drunkenness, the charge of larceny being dismissed. BOBBERY WIIH VIOLENCE. John Gilpin, was charged with robbery with violence. Mr Branson appeared for the defence. —William Haynes Mountfield, clerk, deposed that he came to Ashburton on the 27th December by ihe morning train, and stayed the following night at Quill’s Hotel, and slept on the sofa in the commercial room. When he awoke in the morning he thought the door was fastened and got out of the window, and went round to the bar, where he saw three men named Smikbers, Smith, and Gilpin, the latter of whom wanted to fight him. Had never seen prisoner before. Went to Smith’s Al Boarding house to get some breakfast. After breakfast prisoner pulled him into the. yard and knocked him down. S-wn after met the landlord (Smith), who washed the blood off bis face, and put some plaster on his forehead, and put him to bed, where he slept till 6.30 in the evening. When he awoke he missed bis pocket-book, containing a L 6 note, one sovereign, and a return ticket to Christchurch, beside a luggage ticket, and some loose notes in his trousers pocket. The book was taken from the outside breast pocket of his coat. He was confined to his bed for three days through the beating he had received. The pocket-book was a very good one, and had cost 12s fid in the Old Country.— Cross-examined by Mr Branson : Had been to Mr Thomas Quill’s Hotel on the evening previous to the assault. Had his dinner there; but did not see prisoner till next day. Had no knowledge of having challenged prisoner to fight him for a LI dote. Left Quill’s with Smith and prisoner, but did not endeavor to get up a disturbance with him near the poatofiice. Was perfectly sober when he laid the information, although he was suffering from weakness.—Dr Leahy gave evidence as to injury received by last witness who was in a nerve us state, end had several bruises.— James Charles and J. F Smither gave corroboratory evidence.—Joseph Smith, proprietor of Al Boarding-house, Tancred street, met the prosecutor about 10 o’clock in the morning in a right-of-way alongside of his house. His face was thet

covered with blood. He washed the blood off and pat him to bed, where he re tnaiaed all that day Be had the appearance of drink on him.— Robert Neil, constable, deposed to having arrested prisoner on the 31st December, and charged him with robbery and assaulting one Mountfield. Ho said his father, mother end brother could prove that be was at home on Thursday night and Friday morning. On the following horning, January 1, he was still the *6ne for drink. Searched the prisoner at the wctchhooae in the presence of Sergeant Felton, and found a handkerchief stained with blood (produced). Went to prisoner's house with a search warrant. Tn searching Gilpin he found only 7a 9 J /vyapocket book on him.—Jos Smith, jecaifodj, deposed that Mountfield told him ajfyhffijtyjdrig after the as'sault, when he was mnrfedUy eobeV, that ho had been robbed in Oiufts ample rooms; that he was locked night, a-id had his Mbape;through the wipdow next morning; also that'hehadbee i playing cards wi h dr ’three others he did not know. He said he bad lost aLS nfite and three single notes, after this he

toldh'm be had lost ten—one L 5 and five singles; after this again he said he thought ho had lost about Ll2 The charge of robbery was not con-idered proved, and the case was dismissed. Two other charges of assault against the prisoner, were then gone on with.—James Simpson, butcher, sworn, said ho was coming past Orr’s on Friday morning 27th December, wheu he was met by a crowd of about six or seven men, when prisoner kicked him and knocked him into the gutter.—John Smithers corroborated the previous witness’s evidence. —Sergeant Felton, deposed that the prisoner, had been convicted at the April session of the Supreme Court in 1881, assaulting a man and breaking his jaw, for »fhich he had i> ceived a sentence of two years. The charge being considered proved, a fin ■ of L2 was imposed with the alternative of a week s imprisonment. On another charge tho same defendant was fined Li or a week, and ordered to pay witnesses’ expenses. The Court then adjourned.