MAGISTERIAL.

Ashburton Guardian, Volume V, Issue 1459, 18 January 1887, Page 3

MAGISTERIAL.

ASHBURTON— ; U PSD AY. (Before Mr HO. S Baddel-y, R.M ) BYI.AW 0.4588. Catherine t^ ol«n was charred with allowing a horee to on *i km street Diamta ed wish a cant on H M. Carson w<ib charged on, tw > ii--formatinps with hnvfiiq tethered an i malt on certain land to 'hat Ibty treap-031^ on the adjoining land — A fine of lCs 1113 d OOBte m each case was infl ctad. ' Thomas Blackburn was charged w : th having allowed « c w lo graz" -mi » pubi-o road. — A fine of 7* 6d was ii flioted. LABOEKY. Haio'd Edwards a boy of abcnt nne or ten years of age was oharged w.th t v u larceny of a tin of lolles tbp properly o 1 Mrs WoKee a storekeeper a« Trevorton.— The cffenoe was admitted and the boyV father who appeared m Court efAted tl>at he h»d paid for the lollies and had msdr? all reparation m his powtr . — T c ! 'enob ordered the boy to roceivo aix s'rokes of a biroh rod to be adminiatered by » police constable. BBOIBTBATION OF ELECfOBS. Sixty -five ca>es under th-i Registration of Eleotors Act were adjourned for a week. AILKGBD ABUSIVE BBHAVIOTTK. A number of children named Kane, the smallest of them being a child of Borne two or three rummers, were charged with the above offence. — Case adjmrned till February 7. ADJOURNMENT, The hearing of charges against Matthew Patterson, of furious riding and disturb log the Salvation Army, was adjourned till February 7. PROHIBITION OBD * . An application for (he issue f f a rrohlbition order against a resident of AsUburton was adjourned tiil Friday n?xt. ASSAULT. John Kelly was oharged with assaulting Patrick Twomey, — The complainant said that on December 23 be went into th Roy»l Hotel. The defendant irvite^ him to figrt, bat witness declined. Suddenly without provocation, the defen dant " let fly" with the result that witness had both byes blaokened. — In reply to defendant, witness admitted having told a man named Kane that the defendant could not fill anlngle — Thomas Topp'n landlord of the Royal Ho'el, eaid that after an argument between the complain Ant and defendant at to the latter 's ihlngls'filling abilities a s uffle took p'ase. —Sergeant Felton Bald that he caw Twomey shortly after tho affair ; he w»s injured a good deal about the face — This was the case for the compiinant. — Patrick Kane gave evidence goln;; to show that it was m consequence of .he complainant saying that the defendant could not " fill shingle for sour apples" (hat the trouble arose. — a. fine of 60s and coeta, with the alternative of three weekj imprisonment, was inflicted. ALLEGED ASSAULT. Fox v Patton and Mut ray — This w«a a osse m whfch the c rop'ainant and defendants were boys attending school at Motrat Scmers. About six months ago young Fox oaroe home iVcm school and complained of feeling unwell m consequence of treatmeot ha bad received at the hands rf some (f his sohooifellows. As he did r.ot improve his paren'a called m Dr Trevor who ordered the removal i-f the lad t-> iha Hogpifal at Anhbu r ton and there le was at the present lime. The doctor a atec? that the boy was suffering from displf ceruont of some of hio ribs and from internal itjary. He had been spitting blood ever since tho time of the occu ronce. It was alleged by the 00-n--plainatit thst these injurien were ciuaod by several of the schoolfellows handling young Fox very roughly throwing him down and sitting on him, and striking bim In the ribs with Btickß , and otherwise tlltreatintt him. It was farther alleged tint Pcttton, who is 13 years of age, had a grudge ngar at Fox and was the prime mover m the affair. — Mr Wilding appeared for the complainant and Mr Pained for defendants Mr Caygill appeared with Mr Parneil for the boy Patton. — Some argumemt ensued as t) whether the Court Onuid adjnurn to the Hcupital m ordei i..d. the depositions of the boy Fox might be taken, the matron of the Institution having refuced to let him leave the buildiog unless on a medical order. It was ultimately decided that Dr Trevor should be sent for sod asked to expreti an opinion as t:> whether the boy was m a fit stato to be removed, — After Mr Wilding had opened the caee at seme length he palled the followina evidence. — Dr Trevor said that he had been called tp nee young Fox on July 31 and found him lufferiog from a fracture of one of his ribs and internal pains. The lad was nnder medical treatment up to the present time. On various occasions the lad said that he had qpit blood and witness was aware that he had been spitting blood that day. He still had considerable pain and •offered muoh from siokneaa. Injuries ■uch ai the lad was suffering from might be attended with some danger. In the present case witness did not apprehend any. There might, however, be more mischief done than it was possible to diagnose. Witneis was not aware exactly where the blood came from, but he knew it came from the region of the stomach. The bleeding might be caused by external injury or by Internal disease. The displacement of the rib must have been caused by ex ternal injury. There were no rrnrka dr brnbfiß on the body when witness examined the boy, but from iho nature of ihe injaries witness had concluded th. t they were the result of external violence The lad had apparently recovered on two or three occeßijnß, and had left tho Hospital ono«, bat the symptom^ had returned and the boy was at present vomiting blood and matter. The matter was attributable to an abscess bei&g formed In the lad'a inside. Witness had examined the lad and could find no other cause for the •ycept ms than that they had been caused by external injury—By Mr PurnelT : Young Fox first- went into the Hoepital: about the end of November and slopped about a fortnight. He oame rack again about ten d»ya ago. Overexertion on the part of the boy might h|Te pauced the symptom's— ln reply to ffi'e Beriph, Dr Trevor satd tti&t it would not endanger the boy's lie for him \,o appear m Court, but it would aggravate the injaries frcr^ wh : ch he w flB suffering. Ttje lad might be wejl enough to appear m Court m about a week's time, but it was uncertain.— Thomas Hix, 12, remembered n dispute which took place between Patton and Fox m tho playground at Mount Sorners. Patton ivaa "pot out" m a game »f "tip cat," but he wouldn't go out After a long dispute Fox rm away to the fence, where he was surrounded by a number of other boys. The witness gave an account of Fox's endeavnro »~ r. , tt. - . . .. _„ ,

CBcapo. ne was finally captured by Pattern, who threw him down roughly. H$ was hold down by Murray, the other defendant, and by a boy named Buochler. Patton then amuaed himself bj' jumping on Fox'sehest, and ho afterwards tied his hands with a scarf. After a while Patton told the boys to get off Fox. This they did, and ran away. Fox got hia hands free from the scarf and had caught young Murray, with a view to wreaking vengeance; when Patton again came on the scene and threw Fox down, hia head falling 1 between the tank and 1 the nchoolhouse. A jepetition of the former affair was cut short by the timely appearance of %h<s echoplmasffer, Fbx "and Pa.fton had n.ol peefl good friends for some tun.c prior to $is occurrence. Fox was the strongest boy of the two, but Patton always got other boys to take hie part. Neither

Pox nor Patton was of a pencesible disposition ; they were "fightiDg boys" — fty Mr Pu*nell : Witness rem-. mbered B -me <Jm-? ayo Mr \Viililm3 tho s 5:oolm- t-f, akinj? a knife awny from I'aston, but w tnnz» did n^t hear Mr Wil'ums sty hti took il aw-'»y because vi Fox t!»r«-atvii-i'sj to ll sick" Patton. — Agnes Fix, tho m ither of tho boy olla^ed to hs f- o b.cn i; juredj gava evidetca as to hr sen 'comin? h^me from Bchoul m July U^t auff :iat» :rom certain ):jirit3 ■ha desv-ribed- tho .'ymptonio U>r son rn°do a c mp'aii t to her, ia c uiae quence of which 1 10 present proj eJi g were taken. — The wl'-reis w. n s cros:examined at conaiderable Kn <h by M' Purnel), w th a view to showing th it lim »on waa do'ioata. — At thisjatage !> t Tr. v.;waa TPcalled. iHe blt th-Kt !h*> action of tho boys kh deaoribad bj y.-un liix was quite calculated to c u;o the injuries from which Fox wmb cuff <rins< — Alice Price, and Ambrose Fox, ala> gavi evidence, after which the case was adj turned till February 7 m or^er that thn evidence of young Fox might ba obtained. The Court tKen roue