MAGISTRATE'S COURT

Dominion, Volume 13, Issue 66, 11 December 1919, Page 3

MAGISTRATE'S COURT

SERIOUS STABBING AFFRAY

ACCUSED BEFORE THE COURT

Tho preliminary hearing of tho charge of assault causing actual bodily harm alleged to havo been committed by Domingo Carlos, a Spaniard, on William Russell, proprietor of the Oxford Dining Booms, Dixon Street, on tho night of November 4 last, look placo at the Magistrate's Court yesterday beforo Messrs. It. D. llanlon arm I. Saleb, J.P.'s. In addition to the charge of assault, Carlos was charged with using obscene language, and also with damaging two panes of glass, valued at 155., tho property of Kussell. Sub-Inspector Emerson prosecuted, and Mr C. A. L. Treadwell appeared for the accused.

William Russell, proprietor of the Oxford Dining Rooms, Dixon Street, eaiil that at 8.45 p.m. on November i last he heard the accused informed that tea was "off" An argument took place, and Mrs. Russell went into the dining-room and ordered accused.off the premises. Witness then proceeded to tho dining-room, and told accused to go, but the latter replied' "I'm in no hurry." Witness opened the door ana' pushed accused out. Accused was sober, but smelt of liquor. Whon out on the street aocused ma'do use of tho filthy language complained of, and then smashed two pones of glass. As tho windows crashed witness proceeded to the street, and saw accused <iisappear up Quiim's Lane. Witness followed. and they closed. Presently witness received a blow in tho left side with a sharp instrument. It was a stinging blow, and witness did not know it was a knife till lie saw. it a second later noised above his liead. He caught accused's wrist, and stayed a second blow, and thev struggled for some time. Presently a crowd collected, and a man wrenched the knii'o (produced) from accused's hand. Witness found ho was bleeding freely from the side, and felt ill. He was attended by Dt Begg, was in bed at hospital for two weeks and threo days, and was then removed to his home in an ambulance, and remained in bed for another week.

To itr Treadwell: Witness could not remember that the accused said: "Don't vou follow me—you better let mo go." Witness did not see tlio knife before tho assault, but if he liao he would not havo followed. Dr. R. C. Begg gave evidence as to tho nature of the wound received by Russell. which was from two and a half to three inches in depth. The wound could havo been caused by the knifo produced. Sonhia Russell, wife of the complainant, gave evidence as to the conversation regarding the meal, and the use of the obscene language. Sergeant George Edwards said that when he arrived on the scene Russell said, pointing to Carlos, "He stuck me with a knife." Whilst taking Russell's statement in Carlos's presence Carlos said "It's a lie; you had the knife. You cut mv hand. You've only a pimp. You don't, want to know me, but I know von. I .know what to do when I get into court. You tried to kill me."CCa r los had had one of' his hands cut. On the morning following his arrest Carlos claimed the knife as his property. The accused pleaded' not guilty, and wns committed to the Supremo Court for trial. Bail was allowed in the sum oi ,£IOO and one surety of =£100.

HOTEL PORTER'S CRIMES. A young man named Percy Valentine Johns, at ona time employed as a porter at the Empire Hotel, pleaded guilty to charges of tiieft of a diamond ring, valued at £tO, the property of Rachael do Pass: theft of a handbag containing various articles of jewellery of a total value of £10. the property of Mary ilurrav ''Roberts; theft of a sliver watch, valueo at .£-5, the property of Trembath: and theft of a gold-filled watch, valued at ,£3, tho property of some person unknown Detective-Sergeant Rowle, who conducted the nroseeution, said that two of the thefts-wero from guests-at the hotel, and the third was from a person at the ■New Zealunder* Hotel. The accused, who was not represented bv counsel, pleaded guilty, ana w'as com milted to the Supremo Court for sentence.

ALLEGED THEFT OF TWO REVOLVERS. Theft, of two revolvers, valued at. J!8, the property of Douglas Bostock Mocker. eev. was the nature of the charge preferred against George Noivman, alias George Neville. Messrs. E. J. Hill and I Salek J.P.'s, were .on the bench. Do tective-Sergeant Rawle prosecuted, and ilr. C. B. O'Doniicll represented the acCl Evklence was given by the complainant to the effect that in May las' hr leased his house, No. 98 Evan 0 to the aocused. The house CO. and a qijantity of h ; ines was placed : two revoi ' r and the ing. reu'unk. .. . accused to e.- and fie was absolutely co,ii, ..ait mat ho had placed the revolvers in' the trunk .... Mrs. Mackcrsey gave corroborative evidc.uce. ' . , , , Under cross-examination oy counsel lor the defendant, ilackersey aunutted that the knots in the lope were tho same as those which he had tied. Detective-Sergeant Carney said that on November 21 he interviewed the accused, who said that he found the two revolvers amottst some straw in a slied at the rear of complainant's house. He further stated that ilrs. Mackcrsey had told his wife that ho could have anything that was left lying about, lie tieuied having taken the revolvers out of Hip box. Witness then accused to his home at Ngaio, and recovered possession of the revolvers. To Mr. O'Donnell: Accused admitted qui to frankly that he had the revolvers and he drove witness to Ngaio. Accused made no attempt to hide tho tact that he had the revolvers. ... , The accused pleaded not gilillj, and was comriitted to the Supreme Court lor trial. Hail in the sum of XaO and ono suretv of JIM was granted.

, CIViL BUSINESS ■' LOST iTTWUKCK. ■ The loss of the coastal steamer Queen of tho South was ment:wined m a civil disnuto heard bv ulr. \V- G. .-Kid-tie!ll, SAL. when the A.W !<•" Milking Machine C0.,-Ltd., of Stratford, claimed from tho New Zealand Express Co., Ltd carriers and forwarding agents,. Wellington. the sum of JEM Is. (id. being the value of a Quantity of drawn brass tubii'isr which went down with the steaiuei. Tho statement of claim set forth that on Mav 1, 1919, plaintiffs instructed defendants bv letter to ship by the first steamer the above, goods from ANclliiil,ton to a Cliristchuroh firm, the defendant company accepted tho instruction, and on or about May 9, Bhippod a portion of the U'oods on the steamer Queen „f the South, but during r«.e vessel went ashore on a shoal off Cave Campbell. nild was wreckcd. Aie goods were lost, and plaintill s contention that tno defendant company had failed to earn- out the contract undertaken b> them, and sued for the value of tho "°The defendant aomitted the facta of tao case, but denied liability on tlio ground that they were forwarding agenU nnd not. common carriers. DeiendanU claimed tliat for the reason hat tliej were merelv forwarding agents tliey were absolved from liability. ... No evidence was called, but His Worsnin heard lengthy legal, argument, after which ho resevveci decision. . Mr T. Neave appeared for the plainnlfs and Mr. Morrison for the defendants. OTITIS 11 CASES. A trimmer named Patrick Tleattie admitted being absent without leave from his steamer, the Parattali, but denied makinir use of obscene language and ot assaulting second officer John Thomas. After hearing tho evidence, which was to the effect that the accused left tho shin and returned again very drunk, ami when v remonstrated with struck at Thomas, tho Bench sent tho man to gaot

for throe months for using tho language, lined him .1:2 for tlio assault, and ordorod him to njv costs £t 2s. for being absent without leave. Two first offenders for insobriety were leniontlv dealt with.