MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1047, 9 February 1911, Page 7

MAGISTRATE'S COURT.

' ; , (BeforV i Mr.;>W.:-G.:niddeU, ,'V '. .;>,.!;? alleged' assault,; . v IRON BOLT'TJSED? ' - :';v'.' • .George Arthur Aldo appeared on re-' : wand .to answer a charge that on January .28, at Wellington, whilo. intending • - ■ > !?• ; ? 6 , grievous, bodily harm, to Charles . U Niehbl, he did actual bodily harm to him ■ '.- : " Chief Detective Broberg 'prosecuted and Mr, H. P, 0 Lcary appeared, for tho ac- ■;■' i.. cused.j-: .'■ * .■.".,'. .• Dr. .0. D. Henry stated that he examin- '; - . ed Charles Nichol at the Police Station on: January 28 and found him suffering from several scalp. wounds, aud also a ..- bruise on the hit', cheek. One wound -,'!'.". was about Z{ inches long and extended to :''. .'tho hone, and. there was another smaller Wound, also extending to tho bone. Two >,;, of-the.wounds required stitches, arid the ~' patient-had 1 then to be removed to tho ..' : Hospital. ' A few,' days later, Detective' •.■■•■'".■ Kfmp'showed.witness an,iron bolt which . w»6 bloodstained and which hod a hair sticking to.it. Witness "was of opinion ".:. that tho wounds on the. head, if caused , by-falling, would havo required a number .of falls to produce them.- Thcv could have been caused by tho'nut end of the v iron bolt produced. The wound on tho ;; top of the-head'was a'Serious one, but ■>• ' the others ■ weVo of an' ordinary char- ; acter..': .Considerable ■ force must .havo : j been.,used ; ;to inflict the wounds. '■.; ,In answer to a question by Mr. O'Leary, \ Dr. Henry 6aid'it was just possible that '-*[ tho most'serious wound could havo-been caused-bya fair on a railway line.', ■Dr.'S. J.' Simpson,' of ! the Wellington -'• Hospital, said that' Charles Nich6l was •'' admitted; to the Hospital on the night, of ';! lanuary'.2B.' conscious,' had- a

btuiso on the bead and several cuts. Thero was also a bruiso on'tho left arm and the patieut was Buffering from slight concussion, ~ , Chief JJctcetivo Broberg: Speaking of his. condition generally,, was'it serious? Wituess:;\Voll, no. Ho' had to bo watched for some hours to sec it ho would tnko a serious turn. ... Continuing, witness said tho injuries, with tho esceptiqn of perhaps one, could havo been inflicted with tho iron bar produced. Nichol was discharged from tho Hospital on February 7.' Cross-examined by Mr. 0 Loary, witness said ho did not think tho iron bolt could have inflicted tho most serious wound, becauso thero would have been more bruising round. tho. wound. "\\ itness would not swear thero was blood on tho iron bolt now beforo him." Nichol was not likely to suffer permanent injury as tho result of tho wounds. Charles Nichol, wharf labourer, 37 Frederick Street, said ho had known tho' accused during tho last thrco mouths, and tho accused's wife for tho past 18 months. Sho had lived with witness on different occasions, but until January 26, wituess did not know sho was married to Aldo. On Saturday,-January 28. at about', 8 p.m. witness met accused s wifo near Cable's Foundry and spoko to her for about two'minutes. Later, witness was standing by himself when he-received a blow from a bar on the back of tho head and was dazed. A second blow was followed by a; third, which,font witness to his knees. T As ho cot up ho received a blow on the. forehead and'then a kick. Tho ' four blows' wero all - from n bar. There:wore-two men present when witness was assaulted and the two took part in. tho'assault;,'- AVitncss recognised Aldo after the first blow. '■ Subsequently Aldo ran away and witness found his way to tho Police Station. , : ' ' To, 1 Mr. O'Leary:. Nich'oLsaid ho was sometimes; known, as 'The, Yank." He was not jealous of Aldo and had: never threatened him with ; a knife., Witness. ,was not pestering Aldo's wife, and did not threaten'her on tho night of .January 28. . At tho timo of the assault wit-j nepßwas not waiting .for Aldo; ■~ Mr. O'Leary: Wero not you the man who • first startocj tho, assault on- this occasion?— No. ;,..'-,' ••.:-'■_' .* , . Have you ever been in the Courts before?— Yes."for, assault tbreo weeks ago and was fined £S. r : ...''- t .. ■:. '■■' Detective Kcmn stated that when ho and Detectivo Hammond arrested tho accused, on January 28 at; 10 _p.ni., nccn?cd denied that ho knew Nichol, .but subsequently made and signed a statement admitting that with his fists ho had struck Nichol, because of,a, complaint bv Mrs. -Aldo that Nichol,■ would not le'avo her ' nlone. On January 30, • witness, as a result of a search.-found the iron bolt (produced) and saw blood marks at'the south-west, corner of tho V: shed, Detectivo Hammond corroborated the evidence given by Detectivo Kemp. ': _' .Accused pleaded not guilty, reserved his defence.'and'was committed to tho Su'premp'Court for, trial. ■ ! ' .'/.' A PATIENT FOlt PAKATOA. '/. i A respectably-dressed'■:• elderly woman named llary Mullan/. alias Smith, pleaded guilty: to ft chargo of drunkenness, and to ft further chargo of procuring.liquor during tho currency of. a prohibition order; Sub-Inspector Norwood stated that accused was practically'a! habitual.inebriate /and a prohibition order was;, apparently not suliiclont'to keep her away from liquor.- ■ Her husband had suggested that perhaps'a' term at Pakatoa w9uld.be of. ossistanco to•;-her. in overcoming .drink. The magistrate ordered accusod to go to the"• Inebriate's Homo nt Pakatoa,-and remain there for one year. ;On the chargo of pro6iiring liquor during, tho currency of a prohibition order, sho was convicted and discharged.. :j ■; /,,..;-.,' .., V:/■ v; f .'" •:; insobriety: '/;■- I ".- ; •"; ■James O'Doa, against whom: thero wero ,17 previous convictions, was,fined 405., in ,default' seven .days'- , imprisdumqnt,., for procuring liquor during the currency; of. a prohibition order. 'On a* chargo; '.of drunkenness/,. O'Dea was convicted; and discharged., Edward Cassidy, for drunk6nj ness, .was fined: 10s/, in default 48 hours' imprisonment./; ,■■ ■ ;-■"; : --'- -'•■ - ■'.■■ ■ '-~ „".;"•'■■"'. JUVENILE, COURT.'../.;-.' 1 . , r / ( A lad 12' y'carsyo'Pogi o was 'hetirt'-, tho magistrate'' yesterday morning charged with stealing'sd. -from- tho pockot of/a bather"at To Aro .baths on Tuesday after-, .noon::.Tho magistrate-ordered, tho' lad to receive five smokes of the birch, and tho, money'"was . ordered/ to,. be' '• returned to the owner. '',"--'; >.•".•',;':/ /:.'■'.' ..;■ ;• civil business. \ ; .:•'.. :•,-":• •. (Before Dr. A. ; M'Arthur,- S.M') .":'■.: ,:.; ';. £ : ; A ; BUILDING' DISPUTE. 5, t' ■ ••' VL. J. ; HalTand Company, painters, of Wellington, 'sued E.. Houghton/ plumber, 'of Wellington; to recover tho sum of -'JE2O. Ss, 6d., alleged'to be duo to .plaintiffs bv- defendants for work dono:on contract oil a houso nt William Street, Kilbimie, Mr. C.'R.'Dis appeared for the plaintiffs," and Mr.' A. Dunn for tho'defendants, who alleged that plaintiffs had not completed the contract, and that the work dpno had not been accepted bv tho.dcfcndants, and, further, that tho plaintiffs, could not recover .until the performance of tho tract/: which was. an. entire.contract for an entire consideration. Defendants counterclaimed -JC2I BsV 4d., 'estimated cost' of completing-the, contract, etc.. ,/: /■',;- - . Lengthy 'evidence was.'given; on both 'sides,- tho magistrato 'intimating that ho would view tho building beforo giving, a decision.' '.'v/'-.V-' ' •' '.-.',.' /',»;;