RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3609, 16 September 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, September 16. (Before J. Bathgate, Esq., R.M.) Drunkenness. Alexander Mills and John M‘Luakey were each fined 20s with the option of three days’ imprisoment; Anne v.l‘-Namara and Malison Hassell each 40s, or fourteen days’. Aj-sault on a Police Constable.— George Buchanan was charged on the information of Constable Gilbert with assaulting him ou September lb. whilst in the execution of his duly.—Prisoner said ihat while be was going home the constable took his baton out and struck him across the arm with it -oub-luspeetor Mallard asked to be sworn to allow him to state the surrounding circumstances. Ho then said that while oo duty last night in the north end of the City, ut a quarter to eleven, he saw prisoner, whom he knew to lie a thief and a dangerous man, in company with another man, loitering about Geoige street under very circumstances. He watched them for some time, aud ou leaving sent instructions to the • ergeaut of Police to have the men kept unuer close surveillance. His reason for doing so was that a store at that eud uf the City had been broken into, and th; police had strong -uspicions as to who committed the theft.—Prisoner; But do you meau to say I bad anything to do with that ’—Constable Gilbert said that he saw prisoner in George street north at about a quarter after two this morning. Witness accosted him, and asked him what he was doing there at that hour, whereupon he became very abusive, and assaulted witness by striking him in the mouth with his fist, aud knockmg him down. There was a robbery committed in a store lately. A man who was seen loitering about the place was described to wit mss, and tbe description answered to that of the prisoner.—Thomas Meares, who stated that he resided in George street, said he was woke at a quarter-past three this morning. Un going out he saw a constable struggling with prisoner. Witness assisted the eonsiable in locking the man up. prisoner was very noisy and struggled violently, but after witness came to the assistance of the constable, ho walked quietly, though he was very abusive.—Detective Bhurry said prisoner was a convicted thief, and a very dangerous member of the criminal class, and required to be kept under close surveillance. Witness yesterday saw him in company with a convicted thief, and reported the matter to the constable.—Prisoner said that he had been drinking during the day and simply defended himself, 'lhe constable held him by the beard, pulled his baton aut and brutally assaulted him. He then asked him (prisoner) for a glass.—Bub- inspector Mallard : the constable, if allowed to go back into the box, will tell your Worship that this is untrue The prisoner has made a base insinuation against the constable, and also told y u that be drew his baton. I know the men I have to deal with.— Constable Gilbert, being recalled, said that prisoner drew his knife, ami then witness batt to use his baton He swore distinctly that he never struck prisoner till after he Was struck —His Worship wished it to be known chat the police had full power under the Ordinance bo apprehend all suspected iiersons. The constable, under the circumstances, was justified in asking prisoner what he was doing ‘here. The law would undoubtedly protect its officers^—Prisoner was fined L 5 or, in default, two months’ imprisonment! with hard labor—the highest penalty the law allowed Prisoner was then ohar-ed with loitering in a highway, viz , George street, and with refusing to give a satiefac tory account of himself.—His Worship suggested that the case should be withdrawn Mallard • Really this is the more important charge. Of course we expect to bb protected when we are assaulted j but it is realiy a serious offeuce for a thiel to be seen loitering about at night.-His Wor ship explained that, although the law allowed suspect d persons to be apprehended, it did not allow imprisonment; and all he could do would be to bind prisoner ou las own recognizance. Ho advised prisoner to leave Dunedin, as it was getting too hot for him Prisoner complained of being called a convicted thief, having only been once convicied, and that by hia V\ orahip, for a theft, which auotner party commit ted. Bub-iuapoutor Mallard; I never make an assertion against a ttofoto X otfu \\ • \

say fearlessly that prisoner is a dangerous man - —The charge of loitering about the streets was then withdrawn. CIVIL CASES. James Thompson v. Euphemia Finlay.— This was a fraud summons on a claim of Ll 19s 6d, Defendant said that she was willing to pay Is per week. She was in service, and only earned 10s weekly.—His Worship ordered her to pay half-a-crown per week. [l eft sitting ]