RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3339, 1 November 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

Saturday, November 1. (Before I. N. Watt, Esq., K.M.) Assault.— Kate M'Donald. on remand, was charged with assaulting John Briggs, on the night of October G. —Susannah Phillips : I am a married woman, living in Stafford street, opposite the Golden A.ge Hotel. On Monday, October 6, between nine and ten at night John Briggs came and asked me for three shillings which I owed him for a tabic, I told him 1 could not pay him then, and shut the door while telling him he would soon be paid. John Reddy was in the house at the time. Then I heard the door burst open, and found accused there with a spade in her hand. Reddy told her to go out as she was not wanted there, and Briggs pulled off his coat and went out after her. 1 went to the door and threw Briggs’s coat out to him, and he immediately struck me in the face. I had hardly recovered from the shock when I saw accused strike “ my good man,” Reddy, on the shoulder with the spade. He cried out “Lookout, she’s got the spade.” Accused then struck a second blow at Reddy, but Briggs, who was drunk at the time and standing in a stooping position, got in the way, and received the blow on his head, falling down insensible. The spado produced is mine, and is the one with which the blow was struck. I used to keep it outside my door. I was perfectly sober at the time, and so was Reddy, but I could not say whether accused was sober or not. Briggs went to the hospital a day or two afterwards, and is still there. To accused : You did not come to me for the money before Briggs came, and I had not seen you all that day till the time of the assault. I did not see you break the door open, but you were standing outside with the spade m your hand. I did not say “Briggs, you have struck me in the eye,” nor did Reddy say “Yes, Susannah, and I’ll strike him.”—John Reddy, laborer : I live with the last witness. On the night of the assault I was sitting in the house with her when I heard a knock at the door. On opening it I saw Briggs, and accused with him, who asked for three shillings for a table. I said I was sorry I could not pay it fhen, and he came into the house and went round the room, talking and rolling about. I advised him to go home, and then accused came in, but I took her by the shoulder and put her out. Briggs followed her, and when outside challenged me to light him, accused at the same time hammering at the front of the house with the spade. Susannah Phillips then went to the door, and I saw Briggs strike her in the face. (Seeing her bleeding 1 went outside, and the first thing 1 knew was receiving a “ clout” on the shoulder from accused with the spade. 1 threw myself on the ground, crying out “Oh, the spade.” When I got up 1 saw Briggs lying on the ground, bleeding, but cannot account for his being in that position. I and Susannah Phillips were perfectly sober, but Briggs was drunk, and accused appeared under the influence of drink. I gave accused no provocation beyond saying 1 did not want her in the house. To accused ; You did not come to the house by yourself for the money. You broke a piece off the door with the spade while Briggs was inside. He and I were not fighting. .Susannah Phillips did not say Briggs had struck her, nor did I say, “ Never mind, I’ll give him another,” —Margaret Foote : 1 am a married woman, living in Stafford street, opposite the Golden Age Hotel. Un the night in question I heard cries of “police,” and on going to Susannah Phillips’s house I saw Briggs lying bleeding, and as if dead, outside the door. 1 also saw accused standing by with the spade now produced in her hand.—Ellen Burke : lam a single woman, living in Walker street. Some days ago I saw accused sitting on her doorstep crying. I asked her what was the matter, and she replied that she was downhearted in consequence of striking Briggs. On asking her what she had struck him for, she said she went down to Susannah Phillips’s house tor three shillings with Briggs ; that Reddy put her out; Briggs struck Phillips, and she (accused) struck twice at Reddy with a spade, the second blow missing him and striking Briggs on the head. Mounted Sergeant John Bevan : I arrested accused on the present charge on the 29th ult,, in a brothel off Walker street. She said it was a wonder she had not been told of such when she went to the hospital to see Briggs. 1 then went to Susannah Phillips’s, and with her to the house of a man named Petley, where I got the spade produced. Phillips identified it as her property, and the one used by accused during the assault.--Sub-Inspector Mallard stated t)?ut there was no further evidence to offer at present, and that Briggs was still in a lingering condition at the Hospital.—Accused was remanded till this day week. CIVIL CASE, Moore v, Hpghes.—Claim of L 7 9s 4d, for two days’ wages, and compensation in lieu of one month’s notice, Mr Wilson appeared for plaintiff, Mr Stout for defendant. 'This case arose out of one heard on Wednesday last, when the same plaintiff sued oue Reynolds, who, as captain of the schooner Mary Van Every, had engaged him as mate, because two days after engagement a new captain (present defendant) was appointed, and plaintiff was discharged without notice. Plaintiff was nonsuited ip the first ease, and now sued the new captain. — For the defence, Messrs G, F, Reid, partowner of, and Keith Ramsay, agent for the vessel, stated that Hughes was not really captain, hut a man named Dawson, who was detained by legal business in the North Island. Judgment was given for 20s and costs ; the (same decision being given in two other cases against the same defendant.