RESIDENT MAGISTRATE’S COURT.

Cromwell Argus, Volume III, Issue 142, 30 July 1872, Page 6

RESIDENT MAGISTRATE’S COURT.

Thursday, July 25. (Before E. H. Care tv, Esq., R. AT. ) DRUNKENNESS. For this offence a female from the Bannockburn was fined 55., with the alternative of twelve hours’ imprisonment. The fine was paid. ASSAULTING THE POLICE. James Butler was charged with having assaulted Sergeant Cassels in the lock-up on the morning of the 23 rd inst. Mr Allanby, counsel for defendant, pleaded that the alleged assault was committed in selfdefence. John Cassels, sergeant of police, deposed : On Tuesday morning, about half-past one o’clock, I arrested Butler for being drunk, and locked him up. At half-past four I was awakened by hearing violent kicking on the walls of the lockup. Went out and asked what was up, and Butler replied, “You d d cur, what do you keep me locked up all night for ?” There was another man in the lock-up for drunkenness the same night. I told Butler to be quiet, or 1 would go in and handcuff him. He answered, “If you do, you d d cur, I’ll punch your by eyes out of you.” I then roused Constable Macintosh, and we went to the lock-up with the handcuffs. On opening the door, Butler said, “You d d cur, what do you keep me here in the cold without a blanket for ? I’ll punch you.” He seemed as if about to rush at me, and I laid my hand on his breast and caught him by the collar. He at once struck me on the head several times with his fist. He was sobei at the time. I was standing right in front of him, and after striking me several times he deliberately gave me a kick below the abdomen, which hurt me very severely. In consequence of the injury I received, I had to abandon the idea of handcuffing him. I had to consult Dr Corse as to the injury sustained, and suffered afterwards from the pain. The lock-up is very slightly put together, and is not fit to contain a violent person. We generally hand-cuff such persons to a ring in the floor, in order to prevent their breaking through the walls. Butler, seeing I was hurt, said he was sorry for it, but on the following day he called me a loafer. The weather at the time Butler was locked up was very line ; ami he could not have been very cold, for I took two coats and several bags to the lock-up and gave to him as a covering. in cross-examination by Mr Allanby, the Sergeant said there was no covering of any kind provided for the use of prisoners in the lock-up. In very cold weather, some bags and blankets are generally handed in to the occupants of the cells. Charles Macintosh, constable, gave evidence which corroborated that of Sergeant Cassels. Mr Allanby said lie had no witnesses for the defence. It appeared from the evidence of Sergeant Cassels that prisoners in the Cromwell lock-up were treated more like wild beasts than human beings, not a rag of covering being provided for them, and nothing to lie on but the bare boards. In the present instance it was evident that his client had endured the cold until he could do so no longer; and it was quite natural he should call out for blankets. He submitted that Butler had been sufficiently punished by being lined ss. for drunkenness. His Worship said the prisoner had committed an unprovoked assault for no cause whatever. He would flue him £5, with the alternative of seven days’ imprisonment in Clyde Gaol. (The line was paid.) ABUSIVE LANGUAGE. William Stuart was charged on the infonnaof Jamas Taylor with having, on the 19th inst., made use of abusive and insulting language towards the informant. Mr F. J. Wilson, for the accused, pleaded not gni!ty ; Mr Taylor's evidence went to prove that on three several occasions on the day above mentioned, the accused made use of language calculated to provoke a breach of the peace, and once challenge I witness to fight. The accused was under the influence of drink on each occasion

Three other witnesses gave evidence in support of the charge. Mr Wilson, in defence, said there were many circumstances tending to extenuate his client’s conduct ; and seeing that the affair happened in the midst of the election excitement, he thought a very small fine would meet the justice of the case. His Worship said the charge was clearly proved and brought home to the accused ; and Mr. Taylor had evidently shown great good temper towards him. He (the Magistrate) did not think the accused was a person given to using abusive language, but in order to prevent future scenes of a similar character to those described by the witnesses, he would inflict a fine of £3, in addition to 11s. Gd. costs of Court. CHARLES HASTINGS V. ALFRED B. COOK. Claim £4 10s. Gel., for sundries sold and delivered. Mr Wilson appeared for the plaintiff. The defendant did not answer to his name when the case was called ; and the Magistrate, after hearing the evidence of Mrs Hastings, gave judgment by default for the sum claimed, together with 9s. costs of Court, and 21s. solicitor’s fee. SLAUGHTERHOUSE LICENSE. The application of Joshua Perry, Quartzville, was granted.