MAGISTERIAL

Ashburton Guardian, Volume VII, Issue 1744, 19 January 1888, Page 2

MAGISTERIAL

(Before Mr John Olllvler, R M.)

HOKSB AND CATTMJ OASES. John Short and Geurge Allwrlght were fined. PIGHIING. Henry Martin was charged with having atsaulted A, Olarlc.— Mr Oath bar taoa ap« peered for defendant and applied for a remand.— Sergeant Felton ob jested on the groan 1 that aome of the witnesses for tho prosecution might go away, and the Magistrate refused to grant the remand asked for.— This case arose oat of a fight which took place at the b»ok of the Commercial Hotel on Saturday evening. Four men were fighting, of whom the police arrested three who were dealt with on Monday lust, but the fourth, who, It Is alleged, was Martin cleared out.— 'Three or four witnesses for the prosecution ware heard, and Mr Gathbactaon renewed his application for an adjournment m. order that he might seonre some important evidence for the defence. An adjourament for a week was granted. . : BREAKING A DOOR. Jmn Johns, Qeorge Husband and Thomas Webb were oharged with maliciously injuring a door, the property of W. B. Mobs, to the extent of 2i 63, on . 7 iiuary I.— 0 meUDle Fizszersld said th*t on New fear's morning h© saw threa men come out of a vacant saotlon onto Burnett street ; who smashed m the door of -an old aaotton room. Witness followed th« men, whom he ascertained to be the aocused, and charged them with malloious injary. Witness did not see th» door aotdftlly smashed m, but he heard a noise which oould only have been oauaed by the door being broken in.— The Magistrate had no doubt the defendants were concerned m the matter, but as the evidence waß not strong enough for a oohrlotion they would be discharged. MIJIOttLANKOUS. '. B. Oookaon, for allowing three 5 horKft to wander at large, wan fined 63. ' ''"■ H. Dalley, foi leaving a horse and earl unattended, was fined 10s, ■'' ATTEMPTED BOIOIDB. . Ohas. Hunter was oharged on remand with having atempted to commit suicide. — Hunter declared that he would never touch liquor again.— The Magistrate said that last Court day he fell strongly disposed to send the aoouaed to take his trial at the Supreme Oonrt for attempted aelf-marder. He still felt strongly that suoh would be the best thing for the accused and for his family, for even If a jury did hot convlot still he would be inoaroerated for some length of time during whioh he would b» kept away from drink, which would, if he did not take care, inevitably ruin him . However, the Bench would not send him to the Supreme Oonrt this time, but if he oame up again on any charge approaching the present one, he would be dealt with m that manner.— The accused was fined 20a for drunken* ness and was ordered to pay £8 2s for medical expenses, m default 31 days Imprisonment. ;

ASSAULT,

William Orr w«b charged with having assaulted David Wilson. From other evidence It appeared that some time tgo, when the defendant was hard up Mr Wilson gave him ■belter and food at hli house and the defendant now declined to go away. On Saturday night he oame home very drunk, and Mr Wilson teeing a light m hit room looked In when he saw that the slush lamp was till m a blpzi and threatening the safety of the house. With some difficulty he aromed the defendant who Immediately assaulted him, striking him, throwiag boots at him and knocking his head through a glass door. Mr Wilson did not desire to preii the case, he merely wanted the defendant to go away from his place,— The Magistrate oharaotorisod the behaviour of tha defendant as one of the grossest pleoei of ingratitude he had ovec beard of. He richly deserved to be punUbed to the foil extent of the law and it would, serve him right if he were sent to gaol for two or three months. He would be fined £5 lr* default a month's Imprisonment*

BOTriK THBOWINO. Donald Gallic was charged under the Offenoei ftgalnst the Persons Aot with having Inflioted grievous bodily harm on William John Boaatree by striking, him with a bottle on the 26th December on the Caledonian Society's Sports ground.— This case, and another against H, G. Andrews, were the ou'iome of the fracaa whloh took plaoe at the Caledonian Sports on Boxing day, when two policemen were arresting a drunken man, and a ooaple of bottles were throwD, evidently at the constables. Mr Wilding appeared for the defendant. The polio » said they desired the Bench to treat the one as an indict* able one, and not one to be summarily dealt with. The following evidence wai taken :— M»ry Henry, daughter of John Henry, licensee of the Commercial Hotel, said that her father had a booth at the Caledonian Sports on Boxing day. Witness was assisting: behind the counter. She noticed a disturbance during the day, dose to the booth. She saw the acoused while the disturbance was going on ; there was another man with him,' She supplied them wlih drinks. She saw Gallic take a lemonade bottle off the counter and threw it into the crowd. Never heard Gallic's mate aay anything. Gallic was dressed m Highland costume. Had known Gallic for about four years. Did not see where the bottle which was thrown went to. Did not know if it struck anybody.—By Mr Wilding : Gallic was not drunk at the time he came to the booth. He did not throw the bottle with any great degree of violence j witness did not thlok he aimed at anyone. Witness knew the man Andrews who was also oharged with throwing a bottle. Andrews was a waiter m tie booth. Witness did not see him throw any bottles. The police came to witness for information as to the affair. Witness had been quite sure all through Gallic was the mm she aim throwing a bottle, and she never told anyone anything otherwise. The bottle was thrown before the cab, whloh took away the drunken man, osma up.— By Sergeant Feltou: Besides the police witce«a had a lawyer come to her about the matter, but he did not ask her to give d fferant testimony.— Constable Smart said that he was on duty at the Caledonian Sports on December 36. Witness hid occasion to arrest a drunken rowdy oharaoter, a man who persisted In fighting. Witness had a good deal of trouble m effecting the man's arrest. Wi^h the assistance of Oanetable Casey witness handcuffed him. A crowd of over 100 people collected and hustled the police, also calling out and hooting. Had to get a cab to put the man In. Witness did not see anythiog happan to anyone at that time —By Mr Wilding : Witness heard a bottle ollnk against the .driver's seat of the oab. Witness did not see it nor did he know where it came from — James Qainn, farm laborer, was at the Caledonian Sports on Boxing Day. Saw a big crowd there when a man was being arrested. Saw a bottlo fl/ing throngh the air ; it seemed to go c'oae to Constable Smart, over him, witness thought. The bottle struak a young man with a sandy complexion who wai standing about a couple of yards from Constable Smart,— By Mr Wilding : The" bottle was a lemonade one. Did not see any other bottle thrown. This bottle oime from the end farthest away from the gate. ' Witness did not see a bottle strike a oab ; there was no oab there at that time —Edward Monson, 1 farmer, was at the Caledonian Sports on Deoember 36. Saw a bottle thrown by a man whom he did not know. Could not identify him m the Court. The mv was dressed In Highland Qojtnaie, Toe bottle wsi of white giws.

bit witness could not tell if it was a sodn water or lemonade bottle. Did not se Constable Smart at the time, but caw tvu. a few minutes later.— By Mr Wilding : There wem a good number of men IHighland Costume on the ground ; come witness knew and some he did rut. A few minutes afterwards witnesß en deavored to find out who the mart wa« who threw the bottle, but eonld not see him then,— William John Bountree farm laborer, living at Longbeaob, said that he was at the sports on Boxing Day He was ttrnok by a bottle on the head. The blow stunned witness for a time. His head was cut, and the Eo*r was still there. Witness wan about three or four yards aWayfrom the booth when he w»» •truok. Saw Constable Smart, who vos between witness and the boo v .h. Mr Merewether dressed witness's wound Had to leave the sports m consequence of Ihe wound. Ha J to go to the doctor's next day. His head had to be bandaged foi aboat a week. The polioe were arresting a man at the time witness was hit.— By Mr Wilding ; Witness did not know if the bottle broke when It straok him. He was not laid op that night ; he went to a danoe although he did not dance himself. —Mary Oasi, wife of Franols Cats, Bald she was at the Caledonian Sports on Boxing Day. The lemonade bottle which strnok Ruuntree on the bead boanoed onto witness'head. Roantreesald pjmeone had atruok him with a bell but witnel* said it was a bottle- Witneis believed Ronntree thought it was a bell on aooonnt of the buzzing noise the bottle made. — A. E. Mere wether dressed Roontree'i wound. It w*s aboat an inch m length and of a superficial ohsraoter. Boantree had bled a gceat deal. — This was the case for the police— Mr Wilding, ■nbmltted there was no evidence whatever to oonneot Gallic with the wound received by Rountree and also that the wound was not of a serloui character as alleged In the Information. He bad a number of witnesses who could prove that Gallic had not been near the disturbance and that those witnesses for the polioe who said he was were mistaken— The Magistrate said he did not think there waa enough evidence to commit the defendant for his trial, and therefore the oase would be dismissed. Joseph H. Andrews was charged under ■eotion 3 aub-seotlon 26 of the Polioe Offanoes Act with having thrown a certain mlsalle, a bottle, to the danger of Oonttable Smart, on December 26. —Mr Wilding appeared for defendant — The following evidence was taken ; - Charles Gadd was at Aahburton Caledonian Sports. Baw a man arrssted being pnt Into a cab. Wm standing beween the luncheon tent and refreshment booth. Saw Andrews throw a bottle. Couldn't say if it struck the cab. There was a good deal of diatarbanoe at the time. Andrews was outside the booth when he threw the bottle. Witness was quite close to him— B> Mr Wilding : Andrews threw tha bottle toWarda the cab. Could not n%y if lb was aimed at Constable Smart.— Herbert Moss was with last witness at the Sporis. Saw Andrews coma oat of the publican's booth with a lemonade bottle m his hand. Saw • bottle strike the oab. Did not aotaally tea Andrews throw the bottle, but saw him lift his hand as if m the aofc of throwing. Saw Andrews go back to the booth, bat coald not s*y if he took a bottle back with him.— By Mr Wilding: could not say what the bottle was aimed •t.— Thomas Langley saw two bottles flying at the Sporti. Saw Andrews there; MW .him outiide the booth at the time the man was being put m the cab. Did not tee Andrews do anything extraordinary ; •aw him serve drinks. Heard a lot of " boo ing." — John Henry gave evidence. — The Magistrate said the information was not proved There was no evidence that • bottle hai been thrown at Smart, or with any vladi.tWe feelings towards hlm f The ease would be dismissed. CIVIL OASES J. C. Duncan v M Wood, claim )9> Od,— Judgment by default for the amount elalmed and cost*. J. 0. Juncan v G. J. Shsw.— Judgment tammonr, £3 Is 6d. — Mr Oiygill for plaintiff.— Order made for immediate payment, m default 21 days imprisonment. James Ethly v W. Sutherland, calm £120* lid.— Mr Clayton for plaintiff, Mr Cay gill for defendant — Mr Oaygill apreed to a judgment for the amount claimed and costs, provided half the sum remained In the custody of tbe Court for a week, Sending a oross-aotioa to be brought by efendant againat pltlntiff Orr and Aloorn v Goldsmith — Jadgtnent sqtnmons, £3 18s 2d — Order made that the amount be immddiitely paid, m default 21 days imprisonment. E. Gates v Alex. lamer, claim £5 8s 7d.— Mr Oaygill for plaintiff —Jagd ment by default for the amount claimed and easts. P. Kane vD. Baokley, claim £11 2a 10a. •—Commission on quantity of grass seed alleged to have been sold by plaintiff for defendant.— Mr Pnrnell appeared for plaintiff, Mr Onthbertson for defendant. — Jadgment for plaintiff for £5 9s 6d and costs. *G. Jameson tA. W. Smith, claim 12i 3d.- Jadgment by default for the amount o'almed and costs. The Oonrt then rose.