MAGISTRATKS' COURTS.

Press, Volume LX, Issue 11481, 14 January 1903, Page 3

MAGISTRATES' COURTS.

Mr R. Beeiham, S.M., dealt with the following cases at the Magistrate's Court yesterday: — DRUNKENNESS. For having been found drunk, Thomas Jor.es was lined 20s, in default, to be imprisoned for seven days. A female first offender was convicted and dischargedBREACH OF THE PEACE. James Weston, alias Choate, pleaded "Not Guilty" to a charge of having committed a breach, o£ the peace by fighting in Colombo street; the night previous. Evidence having been heard, the accused' was fined 10s. ATTEMPTED SUICIDE. Robert Walker, for whom Mr Donnelly appeared, was charged with having attempted to commit suicide on the 4th inst. Sub-Inspector Dwyer stated that between twelve and one o'clock on the date mentioned the accused, who was walking his sweetheart, was suffering from the effects of"drLnk, and had deliberately thrown himself in front of the Sumner tram, when it was approaching the East Town Belt. He had been dragged out just in time to save Jjls life. Mr Donnelly stated that accused had done the act in a fit of drunkenness. A fine of £5 was imposed, CRCaLTY TO A HORSE. George Richmond Ditford pleaded "Not

Guilty"' to a charge of having, on the 9th inst., worked a horse suffering from sores. Mr Donnelly appeared for the accused. Servant Burke, stationed at Sydenham, stated that at 4.10 p.m. on the date mentioned, he saw the horse belonging to the accused lying on the road, a dray oat of which the shingle had been tipped, standing-by. Witness examined the -orae and found it wat> iti aa extremely low condition; there were six open old sojvb on the near shoulder, two <m the off shoulder, not so severe, one on ihe withers, and two opposite it. There were signs of greos? from the axle having been rubbed on the sores. The horse, in failing down, hetd hurl .;td leg. Constable MoKorie and T. Hill, veterinr,ry surgeon, gave evidence of a similar character. The last named considered liiat it was downright cruelty to work the horse in the condition in which it was in. The horse was- not bad enough to be des:royed, bat- ii would b? three inoaths befitiv it would icady for work. Mr Di.nixily that the accused seeni- ■:■■}. u> have a s.tipi.l view of iho matter, and though he \ii.A spoken 10 hit> client, he did nut; appear to his position. His aet;on in the matter aid not itrke from a really cruel disposition, but from a sort of stupidity. The accused, in evidence, stated that he cave £37 for tht- horse, wiik-h ho had had in his possession for e:/nt mouths. It was now in good working condition. On the men:ing of the acfidtiit nifntiiuit'd by Sergeant Burke th 1 so:cs -wtra all healed up, and. th« o-ecidvr.t was responsible for tbair breaking. Hi;-! Worship, in fining tin* a-jcuseil £10. said it was poifeetly c"ear that he had good ground ti» .'-vIkI :u'ci!.-.xl t:> yac'. A gres*ta.«e of enicity had kvii prowr.- Next time accused cam* befoiv him on a chnrsje of cruelty ho would be i-tiss to ~ . Hi* Worship'reminded accused that tlu- present was tlu> second occasion on wliicli he had been before him on charges of cruelty. A BEKR DUTY (-'ASKThomas Broadway, chared wi'.h having failed to deface the stamp on a barrel of bp-2i- be feu c diawing liquor from it, pleadvd '•Gni'.ty," but stated that he had no intent to defraud. Tivi* attention of th.s customs aiitliGritky at lhin;uin Iwd bssn called to an empty cask, returned by Broadway, the stamp on which was r.-ot defaced. His Worship pointed <;ut that the hotflk.-epdr was responsible for the defacement of the stamp, but as the ease w:-.s an isoli\t«t enj he would fine th- defendant 40s and costs. CRUELTY TO A CHIUI. Thornton Naws-onie, en remand, was charged with cruelty on ..lanutnv 2nd to a. child, Eileen Hc.i-ky. He was defend., d by Mr Donnelly. ar.tl pk;u!ul •"not guilty/ Sub-Inspector Dwyrr ca ltd Julia Newsome, tho wife of the accused. Mr Donnelly objecud tint th? witness. th!jut;h :i was not :i eompellable witness. Sub-luspector Dwycr cov.tonded thr.t a* the witness was willing to give evidence she should bo flowed to do so.

In answer to the Ikuch. Mr ?ajd that the accused objected to his wife giving evidence. Lotus George Carter stated that he was a labourer, and lived next door to the accused at Richmond. He did not know the accused personally. On the 2nd inst. witness heard screams from next door. Thsy' cama from Mrs Newsome. Hβ saw the child, which came out of the house crying. Its nose was bleeding, and its mouth was full of food.

Maggie Halligan, . thirteen years of age, stated that she lived opposite the accused, and on the afternoon saw 1 Eileen Healey, with Mrs Newsome, oome out of the>r house. Eileen's nose wae bleeding, and ebo was crying. The accused was calling the child back. Witness had heard EUeen screaming, but did not see the accused "hammering" her. Eileen had a mark near' her eye where she had been fait. Constable Flewellyo stated that) lie had gone to Newsome'e on the date mentioned, and saw the accused, who was drunk. Witness had called his attention to tine ohild'e state, but got no intelligible answer. Iα accused's presence, Mrs Neweome had stated that the accused had knocked the child off a chair whilst they were at dinner, end its head struck the corner of the table in falling. Mrs Newsome also stated! that accused's reason for his act woe that tie child would not eat corned! beef. Witness re* marked to accused that he would get into difficulties if he carried on like that, but got no intelligible reply. Dr. Orchard stated that the child wa* brought to him on the 9th insk, and hi* attention was drawn to bruises on the body. There were seven in all on different part* of he-r body, and tihe area of each was about one and a hafif inches long and tjhree-quarten of an inch broad There was a scar near the right eye. One bruise showed tihe marks of two edges of a stick. The stick produced would have made such a mark. To Mr Donnelly—The 'bruises would be about a week old when the child was brought to him. The child wae in Court, and was in fair condition.

The child, four and % half years of age, was questioned by his Worship, and said her name was Eikren Newsome. Asked how she came by the bruises on her body, she said that her father had! bit her, and the stick (produced) was the one he hit her ■with. To Mr Donnelly—Her mother had totd her what to say in Court, and to be sure and say her father hit her. Mr Donnelly pointed out that the child was not the daughter of the' accused, and was, therefore, not in his custody, charge, or control, and though a case of assault might be laid against him, the charge on which lie appeared could not be laid. His Worship, in convicting the accused, said he had used the child in a most brutal way, and there was no excuse for hietreatment. Addressing the accused, he said that be would not be doing 'liie duty unless be punished him for his offence- "You ought to be ashamed of yourself," lie continued, "a man like you ill-using an infant, a mere wisp of straw in your hand. Sit- v ting at table with you, eating with you, you struck it and knocked it down, and injured it." The case was not ons for the imposition of a fine, his Worship said, and accused would be imprisoned for fourteen daye with hard labour. Drunkenness was no excuse for such an act. MAINTENANCE CASES. In the case J. E. Ruseell v James Lavett, sent , ., the defendant applied to have the orcJeT cancelled. Hia Worship suspended the order for sis months, and remitted all arrears. . •

In the case Jcannie Andrew v James G. Smith, ■defendant was ordered to pay 6e 6d towards the maintenance of his illegitimate child; a/so £8 4a expenses of confinement, and £1 la costs.