RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3628, 27 February 1883, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, February 26

(Before Captain Preece, R.M., and J. Booth, Esq., R.M.) We continue our report of the action, Rcgina (on the prosecution of W. Neeman) a\ John Christy, commenced in our last issue:— A. Waddell said he was at Christy's hotel on the night of the 20th instant, Avhero he saiv a man with his face covered with blood. In reply to a question by the witness, the man said he did not know how he had received the wounds from which the blood came. He did not complain of haling been assaulted. Witness saw the man pay Reilly, the cab driver, 12s while in the hotel, also 2s Gd to Christy. Michael Reilly, cab-driver, deposed that, when at the Victoria Hotel ivith Neeman and Purcell on the way back from the Shamrock, he and Neeman had a " round or two " on the hotel verandah in consequence of Neeman refusing to pay him his fare. Neeman fell off the verandah on tho footpath. They afterwards drove to Christy's, where they ha d drinks for five. Neeman refused to pay, andjChristy, remarkingthatit was " shutting up time,'' opened the door and put him out by force. Ho did not strike the man, who, however, fell in the road. Christy then picked him up, when lie fell again. Purcell stood and looked on for about three minutes, and then "cleared" towards the town. Neeman also made for the toivn. In about an hour he came back. He asked for drink, but no one served him, and he ivent away again towards the Spit. Witness Avent after him, and asked him for 12s cab-hire. He said ho would pay it if they went back to Christy's. They returned and he paid Avitness 12s and Christy 2s 6d for drinks. He then Avent out towards town. Cross-examined by Mr Lascelles: It was Neeman, not Purcell, who called for the drinks at Christy's. [This witness had three times to be cautioned by the Bench for the hesitating and contradictory manner in which he gave his evidence]. William Seymour gave corroborative evidence respecting Neeman coming to Christy's hotel, and calling for drinks, also as to Christy " pushing " him out when he refused to pay. By Mr Lascelles: WhenNecman returned after the assaidt he was quite alone ; Reilly was not with him ; Reilly was with witness all the evening. When Neeman arrived in the cab he was not covered ivith blood ; but he Avas so Avhen he returned after leaving once. Alexander Morrison, cab drii-er, recollected hearing a disturbance in Christy's hotel on the night of the 20th. He looked in tho passage and heard a dispute, apparently about payment for some drinks. He saw Christy putting Neeman outside, and Neeman falling on his face in the road. Neeman then got up and walked away, and Christy and several others followed him aud had a "barney" with him. Neeman Ava« able to rise himself when he fell, and had not to be helped up. The Magistrates, after a brief considtation, said that the assault Avas clearly proved ; and not only that, but it appeared certain that some of the Avitnesses for the defence had not spoken the truth. They were sorry to say that the assault Avas of such a nature that a heavy penalty must be inflicted—indeed, they were in some doubt as to Avliethcr they ought not to commit the defendant to prison. It has been decided to inflict a fine of £7, with costs £3. The Court had also decided to order a prosecution for perjury to be instituted against Christy, and his witnesses Reilly and Seymour. THREATENING BEHAVIOUR. William Maloney and Daniel St. John were charged with behaidour calculated to promote a broach of the peace. From the oi-idence of Constable Cargill it appeared that about midnight on the 18th inst., ho was attracted by a noise to the rear of the Clarendon Club Hotel. The prisoners were locked together as if fighting, but no blows were struck while the constable was there. A crowd of people surrounded them. Afterwards St. John was found to have tivo black eyes. Maloney was fined 10s and costs; St. John, against whom there was a preidous conviction, Avas fined £1 and costs. ADJOURNED CASES. A charge of oruelty to a dog against John Maepherson was adjourned for five weeks, to enable service of the summons to be effected. An adjournment of a week ivas also arranged in a cattle-impounding case, Horn v. Selby. The Court then rose.

Tins Day. (Before Captain Preece, R.M.) [drunkenness. James Griff en, charged with drunkenness, was remanded for a week, on the representation of the police, who said tho man was suffering from "the horrors," and was in a very weak state. Sarah Anderson, alias Taylor, alias Pierpoint pleaded guilty to over-indulgence in Napier yesterday and was fined 5s and costs, or in default 48 hours' imprisonment. VAGRANCY. Patrick Lynch was charged on tho information of Constable Forster with being a vagrant. On being asked by the clerk to plead, the prisoner, in a very injured tone, replied, '' How can Ibo a vagrant, sir '; _ only came out of gaol on Saturday, and I could not bo a vagrant by Monday. I got a job of bricklaying at Mr Heron's, the baker, and was going to build some chimnej'S for him. He gave me a shilling yesterday morning to liai'c a drink, and T was coming up tho town to get it Avhen I met the sergeant, and, says he, " where are you going, Paddy, and I told him, when he " —

[At this stage Paddy's eloquence ivas cut short, and a plea of not guilty was accepted.] Constable Forster deposed that tho prisontr had been knocking about the street ever since he came out of gaol on Saturday, folloived by a crowd of children, and making a nuisance of himself generally. The man had no work or means of support, and begged money and goods from everybody he came across. Witness saw him begging. On Sunday night he found the prisoner sleeping on a door step, but did not trouble him, as he declared he had work to go to the next morning. Prisoner : Your Worship, I was at chapel and at Mass on Sunday night. After the prisoner had put eevoral irrelevant questions to tho constable respecting an interview they had had on Sunday morning, he concluded hy lamenting that ho could not get a chance to leave the colony. His Worship sentenced Patrick to three mouths'riniprisonnient with hard labor. Prisoner: Well, I ivill have to see abo<3_ it when I come out. I never get a show in this place. civil cases. Hayes v. John Williams.—Claim £25 14s Bd. Judgment by defaidt for amount claimed, with costs. H. Monteith v. James Cooper.—Claim £3 13s 3d. Judgment by default for 13s 3d and costs, £3 having been forwarded by post to the plaintiff subsequent to the summons having been issued. Same v. John Evans.—Claim £4 15s 3d. Judgment by defaidt for amount claimed with costs. R. A. Wilson v. Retter—Claim £1 2s Gd. Judgment by default for amount claimed with costs. Ncivton and Co. v. M. Brestun.—Claim £1 Os 6d. Judgment by default for amount claimed ivith costs. Hayes v. Idles.—Claim £1 10s 6d. Judgment by default for amount claimed with costs. McDonald v. Arthurson.—Claim £21 10s lid. Mr Lascelles appeared for the defendant, and said that, oiving to the insufficiency of the particulars, it was impossible to plead. Dates were not shown, and. there were other omissions that required to be supplied.—The Court adjourned the case for a fortnight, amended particulars to be supplied by Thursday week, costs of the day to be costs in the cause. Gillespie v. Vernon.—Claim £11 10s lOd. Mr Lascelles for the plaintiff, and Mr Deives for tho defendant. Some considerable discussion between counsel took place, and evidence having been given by tho plaintiff and defendant judgment was entered up for the plaintiff for £8 12s od, with costs 19s and counsel's fee £1 Is. A number of other cases were adjourned