RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume V, Issue 1370, 3 November 1884, Page 2

RESIDENT MAGISTRATE’S COURT.

ASHBURTON— To-day. (Before H. C. S. Baddoley, Esq., 8.M.) Drunkenness. James Ryan, for drunkenness, was fined 20s and coats. Soliciting Alms— Dalian, an Austrian, was charged with begging.—Constable Neil said that he had from information received proceeded to Tinwald, where he arrested the accused. Complaints had been made of the accused breaking into empty houses, frightening school children and otherwise misconducting himself.—The accused pleaded not guilty, and the case was adjourned to secure the attendance of witnesses.

Fal <b Pretences. —Margaret Mary Todd was charged with having imposed upon Jane Rutter, a boarding-house keeper at Rakaia.—Jane Rutter, resid nt at Rakaia, said that the accused had gone to her house about two years ago, and represented herself as Mts Brown, of Akaroa. Witness bad, on this representation, boarded the accused for some time, and ultimately sold her a cottage. The parties went to Ashburton to complete the purchase, and the accused left the witness at Mr Ward’s office, and had not since been seen until arrested in Titnaru on a similar charge, for which she had served a term of imprisonment. The accused was ordered to be imprisoned for four months with hard labor. Alleged Murber —James Healey and Mary McLaughlin were charged with having wilfully murdered William Me Laugh!in, infant child of the latter, on 23:d October last. —lnspector Broham conducted the prosecution, and Mr Branson appeared for the accused.—J. E. Trevor, District Coroner, produced the depositions taken at the inquest on the body of the child. The deposition of the female accused was read.—Sergeant Felton said that he recollected the female prisoner coming to the Police Station about ten o’clock on the morning of 23rd October, and telling him that her child was dead ;and that she thought it had died of convulsions. She alleged that it had been taken ill the previous evening, and that she had held it in her anna until about midnight, when she took it to Mrs Cashmere, stopped there a short time, and on returning lay down with the child —the latter expiring about 3 o’clock on the following morning. She had at once informed Mesdames Gale, Cashmere and Ibell of the death. She added that she had a child die under similar circumstances at Oamaru, and there was no bother about it. She said that she was quite sober at the time. The house occuoied by the female accused was situated in Cox street, and measured 16ft 4in by 12ft 4in over all.—Joseph Ward, Registrar of Births, Deaths, and Marriages for the district of Ashburton, produced the register of the death of the child of the female accused. It was represented as having been born on 22nd June last, and as an illegitimate child, Henry Cashmere, a laborer, said that on returning from work on the 22nd October he found the female accused at his residence. Witness remained at home about a quarter of an hour, and then went into the town. He met the mle accused opposite the Somerset Hotel, and had two drinks with?jhim. They returned to witness’s residence together. The female accused was still there, and at her suggestion the male accused sent for some beer. The accused and witness drank the beer. About 10 o’clock witness, at the request of the female accused, wont to her house

to see her child. ETe found the child aound asleep, and after seeing that it was all right returned to his own residence. Some time afterwards the male accused remarked that it was time for him to go to his lodgings. The female accused said that ho need not be in a hurry as she had never let a man sleep in the tussocks yet. After some further conversation witness again went to see the child, and found it all right. The accused left witness’s residence together ; they wore both slightly

intoxicated. Some time later witness heard a knock at h:s door, and upon opening it found both the accused outside, the female carrying her child. The latter appeared suffocated. It was gasping for breath and its eyes rolling about in an unnatural manner. The female accused asked witness’s wife if she knew what was the matter with the child. The latter replied in the negative, but recommended that the child should be taken to a doctor. The female accused said that she owed the doctor 10i, and would not gu to him again, and at her request witness went to Quill’s to obtain some liquor, but the man in charge refused to supply him. On returning home the female accused requested witness to accompany her home, which he did, the male accused being w th them. After lighting a candle and fire, witness returned home, leaving the two accused in the house. This would be about 2 a m, on 23rd October. The accused were absent together about half au hour before they returned with the child,—Bridget

Cashmere, wife of the previous witness, corroborated his evidence. Elizabeth Gale, tho wife of Edwin Gale, wheelwright, said that she knew the female accused, who was her next door neighbor. On 22nd October the female accused ,had left her baby in charge of witness. It appeared to be in very good health and had no marks or bruises about it. On tho evening of the same day the female accused had called at witness’s house, and appeared to have had a-little to drink. During the 'night witness and her husband were disturbed by noises from the house of the female accused. Early the following morning the female accused had called at witness’s house and said that her baby was dead. Witness immediately proceeded to the house of the female accused, and saw the body of the child in bod. It was warm, and bore discolorations on one side. Tho mother said that she had found it dead, and that she had had a child die in Oamaru in the same way. The bed in which the child was lying appeared to have been slept in by two adult persons. Witness had seen the child daily. It seemed to enjoy very good health. —Emma Ibell, tho wife of Michael Ibell, laborer, said that the female accused had called at her residence on the morning of 23rd October, and said that her baby was dead Witness had washed the baby the same day, and found it much bruised on one side. The mother said that she thought tho convulsions had caused the discoloration.—Dr Ross, said that he had made a post mortem examination of the body of the child of deceased lon 24th October. The body was that of a healthy well nourished child. The left side from the head to the foot was covered with livid discoloration. The witness repeated the evidence he had given at the inquest, and expressed an opinion that the child had been overlaid and died from suffocation Cross-examined by Mr Branson: The appearance of the child was quite consistent with there not being any violence used.—Mr Branson having addressed the Bench, His Worship said that although the police had acted rightly in instituting a thorough enquiry, the evidence not such that he c mld send the prisoners to the Supreme Court, and they would therefore be discharged. The Court then rose.