CITY POLICE COURT.

Evening Star, Issue 4106, 25 April 1876, Page 2

CITY POLICE COURT.

Tuesday, April 25. (Before A. Mercer, Esq., and Dr Niven, J.P.’s.)

Their Worships took their seats on the Bench at twenty minutes past eleven. Drunkenness. —John Bell and Donald M‘Ennis were each fined 10s, in default forty-eight hours’ imprisonment; Hugh M'Farlane, John M‘Curdy, and James Stewart were all fined ss, or twenty-four hours.' The Leith street Assault Case.— Their Worships intimated that they would not be prepared to go on with Barnes’s case for an hour.—Mr Barton understood that the case had closed so he had not brought any witnesses.—Mr Mercer: We came to the conclusion to adjourn that we might post ourselves up in the matter and get some information. We will be able to give our decision at twelve o’clock.—Mr Barton : Do you mean to go on with the case. If so, I will have our witnesses here ’ —Dr. Niven : They should have been here in any case.— The accused; 1 have them all in attendance, and would Uke!the case to go on at once.— The Bench decided to adjourn the case till to morrow.

Cabbies’ Differences.— Edward Brown, cabman, was charged with conducting himself in Princes street in a manner calculated to provoke a breach of the peace.—Defendant had been on the stand at the corner of High street some minutes when another cabm£jn named MiJJftr came up to him and told Rim Ro nZ* been at the corner five minutes. Some word? (defendant alleging that Millar had used WjJtmg language to him), and defendant struck the other With a whip.—Defendant, who complained of the annoyance of the ‘ ‘ boy-cabmen, 1 was fined 5* and coats. The Game of Steeplechase.— William Alexander was charged with being benefit cially interested in a scheme by _ which moneys are drawn by lot. Mr Harris, who defended, pleaded that defendant was not

guilty of any offence.—Sergfc. ! ‘I^ 6l ‘ stated that he was on duty at the ! V 7 £ • * au roun dß, Kensington,* on the 17 th mst. Defendant held a board on which the game of steeplechase was played. It differed from what was commonly Known as the game of steeplechase. [Witness here ex P“ ,l . n ®d the modus operandi.] Defendant got 6d for all marbles which failed to take a pool. He did not caution defendant.—Mr Harris contended that the game was played at every public gathering, and yet this was the first tune that the game was deemed illegal. As no caution had been administered a nominal fine should meet the case. •The game was like billiards, a charge being merely made for the use of the board.—lnspector Mallard only asked for a nominal penalty. A fine of 6s, and costs, was imposed. The Court adjourned for five minutes, and on resuming heard the <’ Remanded Charge against John Thomas, of assaulting and wounding John Barnes, thereby doing him actual bodily harm.—Mr Mercer said that the Bench after duly considering the case, and reading up the books, had come to the conclusion that the case had better be proceeded with.—Mr Harris : I understand: then that the decision of the Court is this—to proceed with the case under the original information.—Mr Mercer; That is so.—Mr Harris; In that case lam disposed to call the man Mullins.—Mr Barton submitted that the case for the prosecution had closed.—The Bench were of a like opinion, and Dr Niven stated that Mr Harris would have an opportunity of calling rebutting evidence.—Mr Harris said that he could not call evidence unless the question as to character arose.—Mr Barton promised that no question as to character should arise. The character of both Barnes and Thomas were pretty well known.—Accused was then cautioned, Mr Barton submitting that that was not the proper time for the caution to be administered. —Mr Barton called the following evidence for the defenceDr Yan Hemert stated that he saw Mr Barnes two days after the accident. He was then in bed. Witness saw a plaster on his head, and on removing it and examining his bead, found a small contused wound, evidently caused by some blunt instrument. It certainly did not appear to be a dangerous wound. It was slight. Witness conversed with Mr Barnes. He was perfectly civil, sensible, and polite, and was certainly not suffering from any concussion of the brain. The wound could not have caused him to become insensible. Mr Barnes stated that he had been kicked in several portions of his body. Witness examined him but found not the slightest mark of contusion, which would be apparent after a kick or a blow. The state in which he found the kidneys could not have been caused by any external marks.—Mr Barton : Could a blow with a shovel raised above Barnes’s head by a man of Thomas’s size and build have caused the wound you observed on Barnes’s head ’ -Witness; The blow might have smashed Barnes’s head into pieces—I am satisfied that a of Thomas’s muscular Christianity would knock his head into a cocked-hat. The blow must have been very slight indeed. I was surprised to hear that the course resorted to by Dr, Richardson was bleeding. I have no doubt that that bleeding accounted for the prostration of Mr Barnes since.—Cross-examined : It might have been five days after the assault that he examined Mr Bames. He was sent by accused., Mr Bames told him that he was then being attended by Drs Richardson and Bums. Mr Bames also asked him to take his case but be refused. He had one leech on, and asked what it was doing there, and told him to pull it off. Had he told Mr Bames that he ought to have been bled immediately he was taken home he would deserve to lose his diploma. By Dr Niven; I heard Dr Richardson’s evidence, and I consider a condition of hysterical excitement would be sufficient to account for the condition of Mr Barnes as described. —John Campbell saw Mr Bames driving along towards Leith street on tho morning in question. Witness saw a dray tipped up and Thomas go away. Witness then went up to Bames, who was lying on the ground. Bames was placed in his buggy, witness accompanying him. Some one said to take him to the Hospital, but he asked to be taken to his home. On arriving at his gate he asked that the wheels be unfastened to let him out. He was crying all the time he was in the buggy. After taking birn into the house witness went away. Witness saw Dr Richardson an hour or so afterwards. The latter, on being asked what was the matter with Bames, said “Oh, its only a alight bruise or stun.” Cross-examined; Witness did not see tbe blow struck. — William Adams, drayman, was in the street when prosecutor came up in his buggy and said, “You wretches, tip up that dray.” He used other insulting language. Accused said, “What’s up with you, Mr Bames, this morning!” whereupon prosecutor jumped out of his buggy and tipped up the dray. Prosecutor then collared accused by the throat. Accused then had a shovel in his hand. He threw it away and struck out at prosecutor with his fist and knocked him down. Witness saw no wound on prosecutor’s head and no blood oij the ground where the struggle took place. Cross-examined : Witness worked for the accused. He would swear that accused was present when prosecutor came up. He saw no one else about. He saw no blow struck with tbe shovel. When prosecutor had accused by the throat tbe latter was in tbe act of throwing the shovel away, but witness could not say whether the shovel struck him or not. [Left sitting.]