AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VII, Issue 626, 14 July 1882, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, July 11

. Before Justin Aylmer. E5q.,.U..M., and T. Adams, Esq., J.IV assault. E. S. Ciiappeb was charged with this offence by T. 11. Giles on the night of July 5. The following i. tbe information :— "That Edwin Stone Chappell did unlawfully assault and beat the said Thomas Harle Giles by seizing him by the throat and attempting to drag him off his horse, and then and there did use divers threats towards him, in the words or to tho effect following :—" You hr, I will drag you oft' that horse ; you b r, and I will kill you." Mr Chappell pleaded not guilty. Thomas Harlo Giles, sworn, said : On Wednesday evening, July 5, I waß present at the Good Templars meeting at Akaroa. 1 left the lodge abuit 8.55 p.m. I jumped on my horse which 1 had at the lodge and canter..! through Akaroa. When I got to the junction of the German Bay road and Long Bay road, I turned off to go up the Long Bay road to my home. I went some little distance when I saw some one on a grey horse, which he had drawn up liy the side of the road, standing still. I put my horse into a canter and went past the grey horse. As I did so, tho rider spoke lo me. What the words were I cannot say, as I did not understand them, but I recognised the voice . s being that of Mr Chappell. I never answered, but pushed on, still going at a cnnter. Chappell then followed me at full gallop ; drew up alongside me, and put hid face close into mine. He then galloped on a-head of me. I diew my horse into a walk in order to keep bphind him. We went on in this way for some distance, till after we passed Mr J. Sunckell's gate. He then reined in his horse till I gained on him, and got up to him. When I got alongside he said, "I suppose i hat's Mr Giles." I said " Yes," " that's my name." " What the hell have you been saying about my wife " was the next expression Chappell used to me. I said, '• I have nothing to say about your wife Mr Chappell, or you either, and I want no conversation with you." He reached over and caught me by the beard, and said, " You b r, I want some conversation with you though." He held me firmly by the beard, and tried to drag me oft the horse saying, " You b r, I want you oft on the road here." I held on with my right hand by the flap of the saddle, and said, " Let go Chappell, let go." He kept hold of my beard, and several times had me half off the horse. Ho twice said " You b r I'll kill you." I twice shouted " murder, help," I was so excited. Chappell said, " Shout away you b r, there's ' no one hero to hear you, I've looked out for that." I still called for help and struggled with him to get free/and'at last he let go my beard. I then said, " I'll have tho police after you," turned my

horse's head and galloped as hard as I could for Akaroa. He galloped off in the direction of his home. As I was galloping down the road as hard as ever I could go, I nearly came against a horseman, ami said, '• Who are you. 1 ' He replied 11 John Sunckell," and I said, "I have been assaulted by Mr Chappell, and am going to Akaroa for tbe police," He said, " I cannot help that Mr Giles." I eaid, " I know you can't, but I tell you because you are the first man I have met." When I got to the first lamp post in Akaroa I looked at my watch, and it was 20 minutes to 10. I went to the police station, but could not find the police. I then went to Mr George Armstong's, whom I had seen shortly before at the lodge, and told hi in about the assault, and showed him my face. It felt as if blood were oozing out of it. nnd Mr Armstrong and myself went to Br Singleton, and he gave me this -certificate. (Certificate handed in.) I again went to the police station, but could not find the Sergeant, and I then went to German Bay and remained all night. I came in the following •morning and saw the Sergeant, who said it was a ease in which the police could not interfere, so I laid the information cnyself. By Mr Chappell: The offence took "place near some willow trees, past Mr J. tSunckell's. I saw you on the road as well as tbe white horse. By Bench : When I first came up to •Chappell I put my horse in a canter because I did not want his company Edwin Stone Chappell, sw.ni, said: The whole of this arrangement is a falseIhood from beginning to end. 1 can ■prove that I left Akaroa an hour before Mr Giles, and was at home when Mr Giles left Akaroa. I was quite sober that night. 1 I swear 1 did not .cc Mr Giles on the Long Bay road at all. I only saw a white „ cow with a red head, belonging to Mr Morgan. That was all I saw on the road. I did not see Mr Giles from the evening •of Tuesday. 4th of July, till Thursday, July 6, at 3..-0 p.m.. when I saw him •coming out<of the Court. By Mr Giles: I was in Akaroa the 'night of July sth. I left Akaroa at 5 minutes to .8 with Mr Phillips, and left -dm about 20 to 25 minutes past 8, on the top of German Bay bill. He was walking alongside aiy horse, and I was carrying a ' small parcel for him. My reason for sayiing I was sober was because I was sober, ■even suppose I am an habitual drunkard , aB you seem to infer. I swear I was , isober that night. By Bench : I went straight home from 'leaving Mr Phillips. I cantered my ' ;horße from leaving Mr Phillips till 1 reached Mr Morgan's fiat, where it was a bit boggy. I then walked the horse across that wet ground, and cantered Ihon thence to Woodill's slip rails, and " after a short pull in then, cantered the rest -of the way home, arriving there a fow •minutes after .9 o'clock. By the Bench: I noticed the time I „ ileft Rodrigues. because I was talking of /going home with John Sunckell, and I ■said to him it was nearly ci_.ht o'clock, and I wanted to go home. However, he 'would not 'Come, but went into the card-h-ooiii. After waiting a few minutes I saw there was'little c.i.nice of Ids coming at once, so I went on with Mr Phillips. Antonio Rodrigues, sworn, s..id: John * ."Sunckell stopped about three quarters of an hour, or an ihour, after Chappell. He played three or four games cf cards after ♦Chappell left. He left directly after he had finished playing cards. I do not (know how long it takes to play a game at cards—sometimes short, -ometimes long. By Mr Giles; It was before 8 when 'Chappell left. Sunckell left before 9. Alfred Phillipß, sworn, said . I met Mr Chappell on the evening of the sth, and left Rodrigues Hotel, Akaroa, with him, about 8 p.m. It might have been a few minutes 'before or a few minutes after. ** We went i-p the hill together as far as 4he junction of the Long Bay road, and (then parted. That is all I know. By Mr Giles: I did not go straight home after leaving Mr Chappell. I was neither sober nor drunk. Ihad had a few glasses. I waited till Mr Brown came up, fand he went home with me. Ido not iknow how i©ng I waited. It might be an hour or rtmight be five miniates. It did not take more than 25 minutes for us to walk to the top _)f the hill. 1 rememher what occurred. I did not see Mr Sunckell on the road. I saw no hor-aeman go by. I had no drink from leaving Akaroa to parting with Mr Chappell. 1 walked alongside Mr Chappell's horse all the way 'without stopping. I was not talking to Mr Chappell for more thin five minutes .at the top of the hill before we parted. By Bench 1. We called at no other (house on tbe road after leaving __odrigue_'. II remember I was.o__ly __ye rawtmtes talk— « ring to defei-d-U-t, because I was wide awake talking to _j_.ii. After he left me I sat down,.and __iay have gone to sleep, so 1 cannot recollect whether it was five iminutes or an hour before Mr Brown •came. ' Mr>Chappell said that John Stsnckell, who had been subpoenaed, had written to him that »he could not attend, as he had ■teen called _n most important business to I 'Qhris.churoh. VThe Bench was much displeased at Sunckell'e absence, In such a case of ■downright hard swearing every one who iknew anything on the matter should have 'been compelled to he present to give evidence. Too much light oould not be .shown on the matter. Mr Chappell said he had been most f dim sanxious for Sunckell to be present. Mr Giles said he should like to call taome evidence as to the time Mr Phillips arrived in German Bay. Mr Chnpp-11 objected, on tine ground 1 4hat Mr Giles Ji.d tiosed Ids case. The Bench said they would hear the .evidence. In a case like this they would sift the matter to tho last. Wm. Jolly, sworn, said-: I saw Mr! Phillips cross the German Bay bridge at '.9.30 p.m, on' Wednesday night. I was with several others, and I looked at my watch. Dr Singleton, sworn said : On July sth Mr Giles called at my house, and said he bad been violently assaulted by Mr Chappell. At his request I ex.-inii.ed his face, and found marks of irritation under the chin. The skin was red as if irritated, -* and there were five or sis little points of blood, as if a few hairs had been pulled ■out. 1 could not say how it occured. Mr Chappell said he had not spoken to Mr Giles since March last. He denied -ever having seen him on the night named. Mr Giles must bave mistaken the red and white cow for an enemy, for he (Chappell) had noticed her lying down on his way Ji/imn.

The Bench said it was a dreadful case of hard swearing. Some one in the Court had committed pergury, but of course in the lack of all evidence, except the directly contradictory statements of plaintiff and defendant, they could not_ say who it was. As. however, the plaintiff had sworn that he was in bodily fear of defendant, Chappell would be bound over to keep the peace for a twelvemonth, himself in £20, and two sureties of £10 each. In default three months' imprisonment. It was a disgraceful case. Security was at once offered and accepted for the defendant. The Court then adjourned.