RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3363, 29 November 1873, Page 2

RESIDENT MAGISTRATE’S COURT.

S.vrnnu 1 , November 29, (Hefore I. N. Watt, Esq., IT.M.) ]')f:i;xKKNNKss.—'Win. Davis was fined 10s, or in default forty-eight hours’ imprisonment. “Lost and Saved.”— Thomas White, an old offender, was charged with stealing a novel in three volumes, entitled “ Lost and Saved. Charles Muir, a general dealer, identified the hooks produced as his .property. Last saw them about 3.20 p.m. yesterday.—Detective Shnry stated that he saw the prisoner passing through the Aread,c, about four o’clock yesterday afternoon, with something under his arm. On asking what it was, lie said some hooks which lie was going to lend to a friend. A short time after wif,ness thought 1m had recognised them in a simp, and went to last witness's place, whom;:.! he found that the hookshad been taken. He afterwards arrested accused in George street, after Ins having sold the hooks to one John Russell for Is. Prisoner was sentenced to three mouths’ imprisonment, with hard labor. Assart,ton a Pomck (‘o.vst.'.bi.i;. Fnincis C. South was charged with having, on the 14th hist., assaulted Constable Vernon in the porch adjoining the lv. M. (hurthonse. - -Constable 'Vernon : I remember the 11th of the present month. On tiiat day 1 removed prisoner, who had just received a sentence of fourteen days’ imprisonment for drunkenness, from the Courthouse into the passage. At that time he had no property on his person, it having been taken away from him at the Police Station in the usual manner. On being removed into the passage adjoining the Court, and while sitting on a seat there, 1 was standing looking to the outer door facing Water street, when he jumped n;<> and gave a yell, at the same time holding the knife now produced in liis hand, with the blade open. At this time 1 was standing about two feet in front of him, and he raised his hand over his shoulder and brought the knife down towards my chest, something touching my jumper. I thought the point of the hla.de— (Prisoner — who was taking notes : Never mind what yon thought.) At this stage of the proceedings accused said that he objected to the course of evidence as given ; he was charged with assaulting the* constable, but the evidence seemed to bo in favor of Ids committing an assault upon himself. The Sub-Inspector having stated that it was material to proceed witli the examination, liis Worship requested the witness to go on. Witli one hand I caught hold of the wrist of tire hand containing the knife, and with the other his neck. We staggered for five on six feet, and we fell—he underneath. When falling, he shifted his knife into the other hand, at that time lying on his right side with the knife in the left hand. Ho made use of these words—(Prisoner again objected, as he was not charged with using foul language, but his objection was overruled). Ho said “ Yon long I)—and drew the knife backwards and made a stab towards my left side, the knife just touching my coat. When 1 saw him aim the blow, I attempted to catch hold of his hand, but missed my clutch, only striking his arm. I then got i)qld of l)is hufid, and squeezed it sq tight that ho was forced to let the knifo fall on the floor. He then appeared to go into a fit, allowing with his mouth. After a short time I got him up and placed him on the seat above referred to, and as lie wanted some water I took him out into the yard behind the building. In going into the yard we passed a number of rifles, ami accused said “ Give me one of those, and I’ll shoot myself or anyone that comes near me.” .Sub-Insp ;cfcor Mallard ; How do yon account for his getting the knife ? Witness : His proproperty, when he was on the seat before combatting t’ne assault, was made up in a parcel at the Police Station. He put it in his pocket and brought it down to the Court with him. It was then taken from him and put on the seat on which lie was sitting, pending his removal to the gaol. Tlie knife was in the bundle; I did not see him take it from the bundle. The latter would be about three or four feet from where the prisoner was sitting. By accused : The watch-house keeper gave yon the knife in my presence. You had not the parcel in your possession the whole of the time from yonr leaving the station till after being sentenced by the Magistrate. I took it from yoiq and put it on the seat before yon were brought into Court, t did not see yon take it, Yon made a direct blow towards niu with the knife when yon were on the ground. Mr Gillou was in the passage at the time, about half-way between us and the door, ami about eight yards distant from ui I do not know whether he could see what took place between ns—the passage is rather dark, I will swear yonr arms were not convulsed at the time you made the second blow. Yon did not hurt me. The prisoner: Had yon been a private civilian, would you have laid the charge? The Magistrate objected (g) (dpi question, whorcqpqn the prisqner said : } Rgg y«qr Worship’s panlni). Yesterday an information was laid ag dust me, charging iqe with stabbing the constable, and now I am charged with assaulting him, The ipiesthm wna then put as follows ; Are you not instructed by the authorities to lay this charge ?--The Sul) Inspector ; Do not answer that question.—His Worship remarked that the question must be put in a different form.—The prisoner: Did you not tell me this morning, while coming from the Gaol, that Jiad it not been for a report that you had heard within 24 hours of the occurrence, you would not have brought this charge against me’(--Witness : I swear I did not.—The prisoner: Then you swear falsely. - (Laughter.) Examination continued ; 1 never saw anyone in a fit. On Ac, the gaql you yverp .supported hy Sorgt. Deans, and seemed very weak. — Benjamin Gillou j I was in the passage adjoining the Resident Magistrate’s (hurt on the 14th of the present month. I saw a person there whom I believe to have been the accused. When I first saw him he was sitting on a seat, and the constable (the last witness) standing beside him. My attention was called to him by a screech which he gave ; and on my looking’ round’! saw the constable holding him by the wrist, and also hy the breast or collar. A scuttle ensued, and Hey came towards me, and, fed) jiViiqediafoly ‘ where T was standing. I V,ii\v sp.mcfliing in accused’s

baud, >lllllOll 1 took to be a knife. That which lie hold in hifi hand I hoard fall on the door. The passage in ratlin 1 dark. I thou heard the constable ask for a light. by prisoner : I did not see yon aiming any Mow. Yon might have done so without my knowledge. You were sixer seven, yards from me. I have seen persons in a fit, but you did not seem to me to be in one Prisoner here asked for a further remand, Dr Hulmc having stated that he would attend if sent for. - The Magistrate : Why did you not apply fora, snbpu-na, as I told you on the previous day that you were at liberty to do so ? Prisoner : 1 had not an opportunity to do so, your Honor. 1 require the doctor to certify as to what state I was in. -A policeman was then despatched by the Sub- 1 nspector to fetch the doctor. —W. Kooney, police constable stationed at Dunedin, was on duty in the Resident Magistrate’s Court on tlih llth last, ,f|u hwaut a noise, and saw ('onstqblpi Vernon and accused. ;^cns u u was lying on the ground on his back, and tlio constable was on his knees bending bver him. Witness asked what was the matter, and the constable said “Accused has a knife," and immediately afterwards he saw the constable take the knife from off fig-, ground close to bis band. . Tip 3 knitfe was open at, the (Tge, and the'pphstahlc closed if, nud put it in Jl'is pqckct. \yi|;n(i.S£i assisted Constable Vernon tp see if there were any wounds upon him. Finding that he became quiet, witness resumed Ids duties in the Court. The prisoner was mmaudud till Mopd;iy qeyt,