MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1949, 20 September 1888, Page 2

MAGISTERIAL.

ASHBURTON— THURSDAY. (Before Mr 0. A Wray, R.M.) , A&SAULT. Richard Ma'c*hy was brought Dp on remand charged with having' assaulted and beaten John Smith, on September 18. — Oni.Btible Smart said that m oonscquiinoi of a complaint mide to him he went, m company with Constable O«sey, t > an urioocupied house near tbe Tinwald Saloynrds. Found Srafth lying there, compa ninagriat'y of p tin about the bach His eyd was black, and he had an abrasion on the focehe id. The lower part of bis body wai blaok and disc >lorel as if from kick*. Arrested Muloahy on «.be charge of assault, tho accused being then ande.* the influence of Kquo . - Jjbn Smith said that about 3 o'clock on Tuesday aocusod, who oeemsd to be under the iifl jeno of drink, came to the hoase witness and some other men were living m. He tried to plot a quarrel with everyone there. Witness was lying m his bunk, but got up to go away* Accuiod followed him oat and struck him' •' m the fao j , knooking him downs He then started to kick witness, kicking him on the back and shoulder. No one interfere X Witness got up and a few minutes afterwards the acoased assaulted him rgain, striking him m the j»w, knooking him down and kicking him again. Witness ultimately got away and went to his buok. Aooaoed otme m and kicked him again. Witness still] felt stiff and sore. He was m rauoh pain when the OonaUble cam a and the lattet sent him to the hoßpiul Did not know the man,— .By accused: Did not know whj the house belonged to. Id ad not reoeivt)- any permission to go there. It wrs generally used by swaggers. Had a atone m his ha^d but never used it. Never struok to • oaaed on the bead with the stone or followed him Witness picked np the etone to defend himself bat he did not use it. Did not remember seeing accused's head bleeding.— By the Court ; Picked ap the stone after he had been, strook the first time and prior to the scoand assault. Did not throw it, Aooased made no claim to the house. — Martin Shea, one of the men stopping at Che house m question, gave particulars of the assault. Witness did not see the start of the affair inside the housa. After the first aiuault, Smith picked up a stone and followed the aoousei, who was rnontng •way, aiyinj thatj|he would not r§ bored, Acoased tripped up Smith, and * aoufib ensued. Witness went away and a few minutes after saw the acoased who complained of being hart on the head. Saw aooased go to thu race to wash his head. —By aooueed : Heard aooased tell Smith to drop the stone. In the scofflj that ensued accused did not strike Smith, but was trying to take the stone away from him. Did not hear Smith insolt accused. — Jas. Massey also gave evidenoe. Aaoused was at the house when witness arrived. After the affair outside aooased followed Smith laside and assaulted the latter while he was lying on his bunk* Smith's* face was covered with blood tad he seemed a good deal hurt. There was a third bout just outside the door,' but witness could not say who went cat first. —By ftOoused : Did not see aaoauglfhead bleeding.— William Hyde, who^^Kea? the spot, saw the finish-op Smith was lying on his face, Snd aooased was beating him. — This was 'the oase fo» the complainant,— Accused said that Sislth was not' badly hurt. Constable Smart advised him to go to the hospital jnst oa purpose to make the oibo look bid.— The Magistrate asked if accused considered lhe oase was not serious beoanae he had not half-killed Smith.— Aooased eald tha Smith had been making Insulting romarka to him about working for low wages. He shoved Smit'i, who straok him. Smith piokod up a etone and when aooased was -trying^ to take It from him he struck acoaseo on tne~riead, inflicting a aevera out. — A fine of 40» and costs or seven days imprisonment was Inflicted, PROHIBITION ORDER. The polioe applied for a prohibition order against Oharles Smlthel, who did not appear. The order was made, to haveeffect m the various licensing districts within the County, ALLEGED lUXSB BEPBESENTATIONB. James Tait was oharged with having imposed upon Andrew Dawson by means of false representations, with a, view to obtaining money, viz., £JL— Mr Outhbertson appeared for the aooased.— Tha following evldenca wasoalled :— William Porter, working to* rMr Andrew Dawson, saw Talt on the 6th lust. Had owed him %l for a long time, and told Talt would leave the money with Mr Noke», Had a cheque In his pooket, and when he got; change left the money at Nokes', Talt asked for an order on witness's employer. Refused to give the order, as he would leave the money at Mr Nokes'. The money was left there about four o'clock — Andrew Dawson saw Talt on tbt 6th between 4 and 5 o'olook. Talt asked t where Porter was, saying he ow«d him (Pait) a pound. He asked witness to give him the money. Witness said he would not do so as ho had no authority, Tsit i went m company with witness to go to Tinwald where Porter was supposed to be, , They stopped at Devane'a hotel. Tait again asked witness for the money, and witness gave him the £1, getting a receipt— Edward Undriil, m the employ of Mr Nokes. said that Porter gave him a pound note about half-past three on the 6th. Gave it to Tait when the latter came m a little after four. — F. Nokes saw the last witness give Talt the pound note left by Porter, It wn about four o'olook. Taft and Porter were In thai shop earlier In the day and had a conversation about a poand owing to the former* Porter said he would get It as soon as he saw Mr Dawson. He led witness to suppose that Mr Dawson owed him money.— This, was the oase for the police. James Tait wan also oharged with having Imposed on George Chambers by false verbal representations with a view to obtaining money, namely £3.— G. Chambers, farmer at Methven, said that on the sth last Tait drove op to witness' plaoe and brought him to Ashburton. He got £3 from witness representing that David Smart, who was away, had authorised him to get the money. — By Mr . Outhbertson : If Tait had asked for the money for himself would have given It to him.— By the Polioe : Understood that the money was borrowed on aooount of Smart and that the latter would repay,— By the Court : Did not complain of the matter, and would have lent Tait the money If he asked for it for hlmsalf. — David Smatt Bald that he was oalled away from town m the beginning dl the month on account of his .father's 111-health. Ashed Tait, In oase of witness sending him a telegram, to take It to Chambers, and witneßß would pay the expemea for the horse and a day's wages for Talt. Had not authorinod Talt to borrow any money on his account. The first Intimation witness bad of the matter was from a man to whom Chambers had spoken on the subject. Tait wanted to speak to witness about the matter bat witness refased to have any conversation with him, —By Mr Oathbertson : Chambers had not laid the information. He oomplalned of the matter and the information was laid by the police,— Mr duthbertson addressed the Court, submitting there was no orlmlnal Intent.— The Magistrate said that aooordlng to the evidence it appesrad that the aocuied had got the pound from Mr Nokes prior to rug the other sum from Mr Dawson. asked if Mr Oathbertson had any evidenoe to offer on this point.— Mr Outhberison called Mr Devana, who said that he thought it was between 3 and 4 o'clock when Tait and Dawson came to his place, though he wai not •areas, to th|

time.— Bp Fergeant Felton : Did not remember hearing the ten minutes to 6ve train going over the bridge at the time they were m the boose. The Magistrate said that m the fin* case there was a doubt, which ho w. u ; d give the accused tbe benefit of It was possible he got the money from Dawaon first, and took tbe other from Nokes with the Intention of giving It back on the firat opportunity* In the second case it d d not appear that tbe money bad been advanced on Constable Smart's security, «> Chambers was quite willing to lend It to Talt on his own security. Ha trusted that tbe rather tqiWooal position m which the accused had found hmnelf placed woutfe be a warning to him for tbe future. — Informs tlon a dismissed. CIVIL CASiSS. J. G, Rentell v S. B. Gould, qlaim £1 3l 6d| Judgment for plilat Bry default (Left sltiing.)