RESIDENT MAGISTRATE'S COURT, PORT CHALMERS.

Evening Star, Issue 3924, 21 September 1875, Page 2

RESIDENT MAGISTRATE'S COURT, PORT CHALMERS.

Tuesday, September 21, (Before Dr Drysdale and Captain Thomson, J.P's.)

Drunkenness.—Alexander Montgomery find James King were each ordered to pay a fine of ss, or in default twenty-four hours'. Breach of the Peace.—Anthony Bowling was charged upon the information of Constable Mitchell with committing abroach of the peace by assaulting Thomas M'Guire yesterday evening in a railway carriage. Mr Joyce appeared for the accused, who pleaded not guilty.—Constable Mitchell raid he was on duty on the railway platform when the 6.30 train arrived at the Port from Dunedin, and he saw a scuffle going on in one of the carriages where there wire three men. As soon as the train stopped he went to the carriage and, with the assistance, of Porter Burke, arrested the accused.- By Mr Joyce : Witness saw Bowling strike M'Guire, who was in a stoopin • position.—By the Bench : They were both under the influence of liquor. —D. Rolfe, station-master, stated that he was on the platform as the train entered the station, and saw a scuffle going on in one of the carriages Witness ea led Porter Burke, followed the carriage, and saw Bowling frequently strike M'Guire, who was in a stooping position. There was also a child in the carriage. By the Bench : Believed both men were under the influence of liquor. The child's face was swollen on one side.—Mr Joyce, for the defence, stated that it was fortunate for the accused that there was another side to the case, as it appeared that shortly after the train left Dunedin M'Guire commenced to quarrel with a man named Bacon and continued until arriving at Ravensbourne, when Bacon got out of the carriage and pulled M'Guire along with him. The guard's attention was called to the same, and finding M'Guire the worse for liquor, the guard intended to let him remain there ; but just as the train started, M'Guire got in at the window and commencud to abuse the accused, who afterwards struck him in self-defence. William Bishop, the guard in charge of the train, deposed that when the train Btopped at Ravensbourne his attention was drawn to a quarrel between M'Guire and a man named Bacon. He got them Loth out, with the in tention of letting M'Guire stop there, but just as the train got in motion he noticed M'Guire getting in at the window. When the train stopped at the biewery, St. Leonards, and Glendermid, witness looked in at the carriage, and M'Guire seemed quiet. When the train arrived at the port he found .that Constable Mitchell had Bowling in charge. By Mr Joyce : When the train started from Ravensbourne, tho child was standing on the seat. The reason ho intended to have M'Guire behind was that he did not consider him in a fit state to travel, but he did not notice any marks on his face until arrivi.l at the Port.—The accused stated that when he first gob into the carriage at Dunedin M'Guire was lying on one of the seats. Shortly after five others came in, when M'Guire commenced to quarrel with a man named Bacon, as far as Ravensbourne, when Bacon got out and pulled M'Guire with him. When the train began to move M'Guire jumped in at the window. At this time he was holding the child on the seat. The other man had a bottle of old torn, and asked accused to have a drink, which he refused. M'Guire then asked for some, and commenced to quarrel and struck him, and accused then struck M'Guire in self-defence.—ln answer to tho Bench, Sergeant Neil said he intended to have brought the other man (named Crawford) as a witness. He was stopping at the George Hotel, but as he had misconducted himself there last night he was discharged early this morning and went to Dunedin. The Bench were of opinion that Crawford was a material witness, a»d adjourned the case until Friday next, bail being allowed.

Embezzlement.—William Henry Thomas alias Andrew Cordwell was charged with stealing a cheque of the value of Ll7 10s IKI, the property of James Wilson, of Dunedin! Upon the application of Seige-vut Neil the accused waß remand* d to Dunedin.

Abcsivk Language —Jane Starkey, oharged with using abusive language towards Catherine Neilson, was dismiss' d.

Detaining Property. Jano Starkey, charged with detaining one hat and apron, of the value of 30s, the property of Catherine .Neilson, was dismissed.