CITY POLICE COURT.

Evening Star, Issue 4173, 12 July 1876, Page 2

CITY POLICE COURT.

Wednesday, July 12. (Before K. Ramsay, Esq., aud J. Griffon, Esq., J.P.'s)

Drunkenness.— Bernard Gray was fined ss, or twenty-four hours’ imprisonment; Peter M'Koimie, 10s, or forty-eight hours’; Anim Maria Horlov.glan old offender, 40s, or fourteen days’; Malcolm Douglas was discharged. The Assault on Inspector Barnes, —This case was heard this morning, and was' brought forward ;;s Barnes v. John and William Thomas (father and son).—Lr Howorth appeared for complainant, and Mr Nation for the defendants. Mr Howorth, after slating the circumstances attending the assault, sta'cd that Ur Barnes had brought the case before the Court for the pnrpo e of having them hound over to keep the peace towards him ; but, if their Worships thought necessary, ! \ fine or imprisonment might be inflicted. Mr Barnes bad 120 men under him, and worked in harmony with all of them, with the exception of tho Thomas family, and all ho wanted was to ho leit alone, so that he might carry out his duties without fear of receiving any violence at the hands of defendants.—John Barnes, Corporation Inspector, said it was his duty to look after a’l works for the Corporation. The recent floods had done some damage to the Duudas street bridge. This led to his being there on Saturday afternoon, about 4 o’clock, when he saw defendant—-the younger—and some others loading a cart with stones near the bridge. It had been a rule for tbelast three years that persons should not take stones from the Leith that, wore within three chains of the bridge. lie did not want to have anything to say to young Thomas, so ho sent a man named Donoghuo to inform him that he was ‘doing wrong’; bat Thomas said he mush go and tell Ida father. O’Bonoghue then told Thomas, sen. that witness said he must nottako stones from so near the bridge. The elder Thomas said to Bonoghue that he “ took no notice of him,” meaning witness. Witness then drove along to Mr Mirams, City Surveyor, and got him to write a i.otc prohibiting the taking of stones within the abovementioned distance. When the note was produced to Thomas ho again refused to take any notice. Witness then proceeded to measure three chains from the bridge, with the assistance of a man named Little, being upon the opposite side of the stream to Thomas. The latter, however, came acrces unawares to witness, and while getting up *>•'>"■ ■’ stee-iv- pcriM-n. >.. mra*. „... r v- (] ie utlci-.iaiiis. Tiny huimunbouitiiC-fa.ee, and two teeth were knocked out, which penetrated through his cheek, With the euddcxmesß of the attack

witness fell into the river. He went to Dr Bums and hiid hiS wounds dressed.—Dr. Burns stated that Barnes efttne to his house about four o'clock on Saturday last. His face tffts swollen, Covered tvith blood, and a cut in his cheek, which opened into the mouth, of about one-third of an inch broad. This ciit bad been capsed by tWC teeth* which were loosC.—Thdihas ( LittlOi who was assisting Barnes in tiie measuring, sat? feting Thoi&ns attack Barnes, but was not in a position v . tb See whether the father did so.—Patrick Dohoghue’s evktSnc6 fesj regards the information ho carried from Barnes to iliC clSffrriGutS v?aa corroborative of that given by complainant.— Tilbury, a witness of the assault, said Barnes Was attacked in a very serious manner by the younger Thomas, hut he did not sea the older strike him. — Cbas. Daniels and Wm, Scott also gaVe evidence. — This vas the case for the prosecution.—Mr Nat ion submitted that the charge against tbo elder defendant should be dismissed, as the evidence showed that he had nothing to do with tbs assault,—'Their Worships said that they would give judgment in both cases at once.—Win. Adams was the first witness for the defence, but did not appear to notice much, (IS he Wag Ailing the dray at tho time.—William Thomas stated that Mr Barnes came down in his buggy on Saturday afternoon, and sent Donoghue to tell him not to remove the stone. Witness said to Donoghue that he must tell bis father about that, Barnes then went away, and came back shortly 'afterwards, and commenced to measure out the chains. He noticed that tho tape With which Barnes was measuring was 100 feet instead of GO feet, And witness told him so. Barnes wanted to know what that had to do with him, whereupon witness gave him a shove and he fell into the water. When complainant got up, a scuffle ensued, in which witness got a severe bite. [Witness here showed the bite inflicted by the complainant to their Worships.] —Dr Niven stated that last witness came to him yesterday to have his hand bandaged, and he should say that the wound had been inflict-d by teeth. John Thomas received a' note from the City Surveyor, and went down to the Dnndas street bridge, and when getting there he saw the carts loading about four chains from tbeb idge. Witness’s evideuco of what ensued was similar to that of his sou.—The Bench retired for a few minutes, and ou their return stated that they did not think Thomas, sen, was implicated in the assault. but he would be bound over to keep the peace for six mouths in his own recognisance of LSO With regard'to the son they found that he had been guilty of an assault, and he would be fined Lit) or two months’ imprisonment, and ordered to keep the peace for six mouths, himself in LSO and two sureties of L 25 each. Thomas, sen., asked that the complainant he also bound over to keep the peace, but their Worships could not comply with this request.