MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2270, 2 October 1914, Page 9

MAGISTRATE'S COURT

ALLEGED ASSAULT AND ROBBERY CASE FOR THE,SUPREME COURT

Tho hearing of the charges of assault •and .robbery' . .against. ...JSrriost. John. M'Ewen and James David M'Ewen was continued before Mr. D. G. A. Cooper,. S.M., in the Magistrate's Court yesterday.. The charges • arraigned against the two M'Ewens were.: (1) Assaulting Walter' Pierson Jackson so as to cause him actual bodily harm; (2) assaulting Jackson and robbing him of a watch and chain, valued at £4 7s. Mr. J. P. W. Dickson appeared on behalf of defendants. Ada Byrne, a resident of Holloway Road, said she remembered seeing Jackson on the night of September 21. She had heard groans and moans outside her house. She then discovered Jackson outside with blood on his face. She and her husband attended to his injuries. While attending to him,, witness noticed that Jackson had'a watchchain which was covered with blood. 'l'o Mr. Dickson: Witness's attention was first drawn by hearing a scream in a man's voice. She also heard a woman's, voice. This concluded the evidence for the Mr. Dickson submitted that- both informations should bo dismissed. . The only evidence of the assault was that of the man Jackson, and his evidence should: be looked at rather closely. Jackson had said he was dazed Ufter the first blow. Counsel submitted that tho evidence given after this could not be taken. His : But he also stated he did not lose his senses after. Mr. Dickson went on to say that the evidence was that Jackson had identified two men ho had never seen before at a glance. This was most unlikely. As to stealing the watch and chain, tho last witness had said she had seen tho chain on Jackson after the assault. The P/l'Ewens' Evidence. Ernest John M'Ewen, labourer, residing in Brosnan Terrace, said that on the night of September 21 he left town at 9.30 p.m. When he arrived homo no one was there, and he went straight to bed. Next thing ho knew was that j David M'Ewen came up to him, and | said the police were downstairs. Witness knew absolutely nothing of the assault prior to this. Inspector Hendrey asked several questions about witness's past, and the latter eventually exclaimed: "I refuse to, answer any more questions about my past." Tho Inspector: All, yes you will. Witness further admitted that he had been before the Court, but not in Wellington. 'inc Inspector: You have just admitted thjt you have mads- a number of mistakes. Aren't you making a mistake when you say you were not in Holloway Road with your brother? Witness: No. Ile-examined by Mr. Dickson: The offcnces for wliifch accused had been con-' victed were committing a breach of the peace and breaking a window. ; James David M'Ewen said he resided with his 'brother, and was a dealer by occupation. On the night in question ho, was walking 'along Holloway Road when he saw a hat on 4he footpath. Just as he was stooping to pick it up a man came across the road, and said tho hat his. The man had a handkerchief up to his mouth, and on witness inquiring, tho man, who lie afterwards found to be Jackson, said ho "had had a bad cut." The man appeared to have bad a few drinks. Witness said lie had hotter sec a doctor, and went to get him a cab. When ho came back tho injured man had disappeared. About midnight, when witness returned home, he heard a knock at the door, and saw Constable Sheehan there, accompanied by Jackson. Witness had been before the Court for alleged consorting with thieves. The Inspector: Were you not convicted as a boy? Witness (excitedly): Yes —but that was my parents' fault. This concluded the evidence, and the Alagistrato said tliero was a very strong prima facie case against each of the accused. The charge of stealing • tho watch and chain would be dismissed, however. > Both accused entered picas of not

guilty, and were committed to tho Supreme Court for trial. Mr. Dickson asked that the bail money, £50, with two sureties of £25, ui each case, bo reduced. Magistrate: No. The assault is a very serious one. OTHER CASES. _ Gustavo Henry Meyer was remanded till to-day on a charge of stealing some gas bracket fittings, valued at £5, from Horace D- Baker, at Kilbiriiie, on Wednesday. Bail was allowed in tho sum of £10. Mr. W. Perry appeared for accused. . Clias. Chander, a fireman from one of the troopships, who used bad language when ho was not allowed on tho Clyde Quay Wharf on Wednesday, was fined £3 or fourteen days''; imprisonment. For drunkenness, AVm. Cyril Foley' and George ltees were each fined 205., or three days' imprisonment, and Walter Henry Smith 10s. or forty-eight hours' imprisonment. Four first offenders were dealt with: CIVIL GASES. . . CLAIM FOR GOODS SOLD. Reserved judgment was given by Mr. W.-G. Hidtlell, S.M., yesterday morning in respect to the 'civil claim by Harry Miles Hayward against H. G. Williams and Co., for the recovery of the sum of £53 193 . 4d., for tlie balanco of goods alleged to have been sold and delivered to defendant by plaintiff. His Worship found that .there had been a sale, and that the price demanded was reasonable. Judgment was given for plaintiff for £53 7s. 4d„ which included the amount paid into Court with costs totalling £5 18s._ Mr. F. Holdsworth appeared for plaintiff, and Mr. E, P, Bunny for defendant. JUDGMENTS BY DEFAULT. ■ Judgment was given for plaintiff by default in the following undefended civil cases, before Mr. W. G. Riddell, S.M.: —Blundell Bros., Ltd., v. Thorn an Pridmore, £1 7s. 6d., costs 75.; Commercial Agency, Ltd., v. Angus Kennedy, 12s. 6d., costs 65.; Public Trustee v.' Hugh M'Kay, £25, costs £2 lGs.; same v. John Gimmer Chamberlain, 6d., costs 175.; James Stellin v. Charles Rothnie, costs only, £1 45.; W. B. P. I'errott v. H. C. Lowe, 175., costs 55.; same v. F. G. Wilson, £2 14s. 9d.\ costs 145.; Stewart Timber, Glass and Hardware Co., Ltd., v. George Tweedie, .£5 Bs. 7d., costs Bs.; Accountancy and Iklucation Publications, Ltd., v. Charles Bernard It. Maltby, £1 35., costs 55.; H. Price and Co., Ltd., v. S. M. Galbraith, costs £1 155.; J. S. Linnard v. Mrs. Herbert Shore, £45 7s. 6d., costs £3 os. 6d.; Thomas Boffa v..William White, £5, rosts £1 os. 6d.; Wallace and Gibson v. Captain Athelstan Moore, £1 3s. 10d., costs 65.; Fulton and Co. v. George Becket, £27 6s. 6d., costs £2 14s.

JUDGMENT SUMMONSES. James E. Howard was ordered to pay. the Wellington Loan Co., Ltd., £11 2s. sd. by October 15, in default ten days in gaol; Michael J. Brosnan> was ordered to pay Messrs. Johnston and Co. £21 3s. 6d. by October 15, in default twenty-one days iu gaol; Charlie Korolieho was ordered to pay Selene Moore £1 18s. by October 15, in default two days in gaol; George P. Hendrj was ordered to pay Joseph T. Lewis £9 Ss. 6d. by October 15, in default ten days in gaol; Walter Rico was ordered to pay R-achael Chambers £4 Bs. by October 15, in default four days in gaol.