MAYOR’S COURT.

Evening Star, Volume IX, Issue 2564, 6 May 1871, Page 2

MAYOR’S COURT.

This Day, (Before his Worship the Mayor.) DRUNKENNESS, Jane Kelicham was fined ss; Mary Jarvey 10s, or forty-eight hours’ imprisonment; and WiUiaru Smith 20s, or twenty-four hours’ imprisonment, ASSAULT WITH INTENT, Peter Kane was again brought up on a charge of having at Caver-sham, on the 25tli ult., assaulted one Agatha M'Phee, now deceased, with intent, &c. Mr Barton defended. Sergeant Thompson stated that since the accused was last brought up he had caused enquiries to be made, which proved that Mr Barton’s statements were correct. The deceased on the day after the commis-ion of the all ged offence placed the accused in charge of her bar, made him a present of a shirt, and gave him the two mattrasses referred to. He might state that Mr MPhee had engaged the se-vices of Mr Haggitt to conduct the prosecution, but he declined to prosecute. He (the sergeant) had no evidence to offer ; but if Mr M'Phec, as a private individual, desired to go o . with the matter, he would have no objection to examine any witnesses he might have, but, for his own part, he did not think it right to take up the time of the Court in proceeding in the absence of evidence.

On Mr M‘Phee being called into Court, His Worship addressed him as follows : It has been stated that your counsel is not in attendance, and that he declines to prosecute. The police also say that on examination of the evidence they have no ca-e against the accused, and they do not prosecute. It now remains with you to say whether you wish to proceed with the case or not. Mr M'Phee : Yes, I do.

Mr Barton said he would certainly press upon Mr MThee the utility of proceeding with the case, seeing th:.t no evidence could be received, the accused not having beeu present when the deceased’s statements were made. Besides, there was Mr M'Phee’s statement in the Dally Times this morning, denying that his wife ever told him that she had been violated, as reported in that paper’s report of the Coroner’s inquest, which took away the only ground for these proceedings. There was no evidence which could possibly be produced against the accused ; and the only one of the deceased’s statements that could be received in evidence did not relate in the remotest degree t® the charge. He could understand the feelings under which Mr M'Phee at present labored ; but be felt sure that when in the course of time his mind calmed down, he would arrive at the conclusion that the present was not a solitary instance of strange hallucination attended with sad results. He should ask Mr M ‘Phee not to attempt to bring forward this matter again. IE he had to give evidence, he (Mr Barton) should have the very painful task of cross-examining him. He commisserated and fe’t for him ; and had no doubt his client felt equally grieved and sorry that he should feel (naturally no doubt) his present illfeeling towards him. Under all the circumstances he (Mr Barton) hoped the matter would be stopped where it was. Hie Worship: I feel bound to say I endorse all what Mr, Barton has said. I do

not think any evidence that can be given in this matter will tend to fix any charge upon the accused. I would really counsel you, as an act of kindness, to stop the case where it is now. Of course, if you wish to proceed, I cannot stop you, and should not use the power to do so if I had it. What Air. Barton has said is quite true; the only evidence you can give is of a secondary kind, all the statements by the deceased having been made in the abs nee of the accused, and such evidence, it is my duty to tell you, would be objected to by the accused’s counsel and rejected by the Bench. It is now entirely for you to say whether you will proceed with the C'ise or not. I shall not be considered prejudging it if I tell you you cannot possibly succeed with the case. Air. M’Phee having expressed his desire to go on with the case, the following evidence was adduced. Wm. Swain : The deceased made a complaint to me.

Albert Barnes : I am a butcher, residing at Caversham, I recollect seeing the accused at my shop on the evening of the 26th ult, I was at the All Nations Hotel with him the same evening ; we were supplied with some drink by Mrs. Al’Phee. She and accused then appeared to be on friendly terms. I again saw him the next evening at my shop. Me told me not to send any more meat frr him down “to the contract job, at which he and Air. M’Phee were working, as he was not going to work there any more. ” I said to him “do you think Al’Phee will have a row with yon because you have been on the spree ? ’ He replied * Oh, a glass of grog is nothing ; it's not that at all.” A little later in the evening, he asked to go with him to the All .Nations and have a drink. He gave me a shilling, and said “I was to pay for the liquor ; as Mrs. M’Phee would not serve him "’ We went into the bar; Mrs. Al Phee was there. When I asked Kane wh; t he would have to drink, he nodded to her, and she said “ Oh, water is good enough for him,” at the same time placing the bottlj of gin before hi n. I observed that there was a coolness between them.

VViliiaai Simpson, butcher, Caversham: I know the accused. He came to my shop at about eight o’clock on the morning of the 26th ult. He appeared to have iiecn drinking. He asked me to put on my hat, and cnne a id have a drink—which I did, after some persuasion. I asked where wo should go to have it. He replie l, “ We’ll go up to the Edinburgh Castle Hotel ” I expressed surprise at his going to the It'dinburgh Castle instead of the All Nations, where he was boarding, saying, “ Peter, what’s up ? ” He r plied, “ Oh, 1 drunk her out last night ” meaning, as I understood him, that he had exhausted her supply of gin, which he usually drank. When in the bar of the Edinburgh Castle Hotel he drew my atten* tiou to the street, and said, “Do you see the bitch ? ” I looked out and saw Mrs M‘Pheo standing outside hj r door; but J ca mot say whether he referred to her. He a;>pe :re Itobe in the “ horrors ” —as though he had been drinking all night. Mary Blackwood : I am a servant, and reside at Caversham. I knew the deceased; and saw the accused at the All Nations Hotel, where I was stopping. 1 recollect the 2 jih ult. I observed the handle of the dining-room door on that day; it was all right. I slept with Mary Ann M'Phee in one of the rooms upstairs. I was awokg during the night, and heard a step as of a man walking through the house. I heard voices—those c f Mrs M'Phee and Kane, J heard her say, “Take a candle, and go up-: stairs ” I believe it was Kane, because he slept in one of the moms upstairs, and there was no one in the bouse but the children, ■Si e did not seem to be a bit cross in any way. I hea-d a voice say, “ I will not go to bed unless I get something to drink.” That voice was Kane’s. 1 heard nothing more. 1 locked my door when I went to bed on Tuesday night; but when I woke on the morning of the 26th, T found it was open. Accused went away on the Wednesday evening, and returned on Thursday morning. The accused and she were on friendly terms. Mrs M'Phee went into town on Thursday, leaving Kane in charge .if the house, She merely told me if the baby cried I was to give it food. I asked her who was to mind the bar. She replied that “ Peter would mind it al: right.” She returned about four ia the afternoon, and brought Kane a shirt, which she gave to h : ra. On the same night she told me to get tea for Peter aud hj. nelf, and afterwards sent him to a-sist her daughter Mary Ann in obtaining two mattrasses. He left at about five or six, taking the d ceased’s son with him. I was in the house from the Wednesday morning until the accused left on Thursday night, and did not observe any coolness between her and him.

Henry fciparkes was called, and made the following statement: 1 went down with Mr M ‘Place and Kane to their contract on the Peninsula, and have been working there ever since. Kane, before co ning up to Caversham the last time, asked me if I had had any conned ion with the deceased. I said “ No, that I did not believe she was a woman of that sort; and that neither him nor any one man would succeed in such a thing.” He then said he believed himself she was not a woman of that sort. This being all the evidence, His Worship said: It is almost unnecessary for me to say that there is not, in my opinion, the slightest particle of evidence to prove the accused guilty of the offence with which he is charged. There does not appear to be the most remote evidence ; 1 have n -thing to do except to discharge the accused. VAGRANCY. Kate F>rown and' Kate Macdonnell were, each sentenced to three mouths’ hard labor for having no visible lawful means of sup, port.