CITY POLICE COURT.

Evening Star, Issue 4318, 29 December 1876, Page 2

CITY POLICE COURT.

Friday, December 29.

(Before his Worship the Mayor and T. Birch, Esq., J.P.'s)

Drunkenness. Margaret Vaughan, a girl of seventeen years of age and a recent inmate of the Industrial School, was discharged with a caution, on her promise to fo to service forthwith; Robert JSeillson, Idward Johnson, and John Robinson were each fined ss, in default twenty-four hours' imprisonment. Discharging Fireworks —Francis Krull, of Krull's Family Hotel, was charged with letting off fireworks on December 23. Defendant admitted the offence, saying that he merely showed fire as the torchlight procession passed, to show that those in the house were all alive !—The Bench considered the practice a dangerous one, and inflicted a fine of ss, with costs (ss).—David Swan, Henry Wilson, and George Sterrick were also fined 5s and costs for discharging crackers. As the defendants were all lads the Bench afterwards decided on remitting the costs, and fined the defendants in the sum of 5s each.— Mrs Banbury appeared for her son William, also charged, and stated that tbe lad ran away from home immediately after receiving the summons. The case was adjourned for a week.

(Before His Worship the Mayor and J. Logan,

Esq., J.P.)

A Jehu in Difficulties.—Charles Miller, a youthful cabby, was charged by Inspector Connell with demanding more than the fare fixed by the bje-laws, to wit, 12s, the

proper sum being 4*.— F. P. Stephenson stated that on Sunday week he engaged defendant at the Rattray btreet whatf to drive him to Grant street. Defendant claimed 12s, which witness consideied exorbitant and refused to pay the amount.— Defendant stated that Stephenson promised to " see him paid " for tatting the horse up the steep incline in High street.—The Bench pointed out that the most which could be demanded under the bye-laws was 2s 6d, and fined the defendant 15s and costs.

AssAUtT on a Child.—William Walker, a powerful fellow, was charged (on remand) with having, on December 25, unlawfully and maliciously inflicted bodily harm on Hetty Layard, a child of three years. MrE. Cook defended, and before the case was gone into drew their .Worships' attention to the information. Without taking any legal advice the police had seen lit to bring the case in the form of an indictable offence under the Offences to Persons Act.. He suggested that the police should alter the information so as to enable the case to be dealt with summarily. consent to do that. The information was laid after due consideration, and I would not take upon myself the responsibility of altering it. If the Crown Prosecutor sees fit he may do so.—The Bench would proceed with the present information, and if they found it necessary to do so they might dismiss it aud allow another information to be laid.—On Mr Cook's application, one of the witnesses (a little girl) was ordered out of Court.—-Mrs Walker was called by the police, but Mr Cook submitted that she could not be put in the box.—The Inspector : Immediately I attempt to get evidence against the husband then you can stop me.—Mr Cook admitted that the Inspector very ingeniously endeavored to evade the objection, but still he (the learned counsel) submitted it was not competent for a wife to be sworn in a case against her husband, let aloue to give evidence.— The Inspector: Mrs Walker may be sworn, and if a question asked by me is improper, then the learnel gentleman has a right to oppose me. Mr L'ook : Whatever evidence she gives must have some hearing on the case aga : nst her husband.— Tne Inspector was merely goirg t • aßk Mrs Walker whether she had a child of a certain age and what its name was.—Mr Reeves thought the evidence might be got at in another way.—The luspector: I am obliged to bring the hejt evidence, and if I do not do so I am open to animadversion. The Bench decided that Mrs Walker could not give evidence. Mary Taylor, wife of William Taylor, deEosed: I reside in Cumberland street, and now the prisoner and his wife. They lived near me in Cumberland street for a few months. They had three children. I know the youngest child. Hetty Walker is the name I have always known it by. I remember the early part of December About the 12th inst. the little girl of whom I have spoken was brought to me by Mrs Walker. There was nothing apparently the matter with it except a. slight cut on the back of the head. I retained charge of her for a week, Mrs Walker asking me to keep her because Mr Walker had given her a driv.: forward on the sofa. The mother took hi r home at the end of the week. Barbara Maud Teresa Layard, eight years old, the next witness, was not sworn. She said she lived in High street. On Ckristmxi day Mr Walker took the baby by the arms and legs and threw it on tho floor on its hj ad and broke its leg. When he did this, witness tried to get the baby from him H«r mother also tried to get the baby from him Witness ran out of the house and cried out. She saw a lot of people in the street. Some boys and men asked hex what atie was trying loi. She told them

that Mr Walker threw the baby on the floor. Some of the men and ladies went into the house. He threw it on the floor three times. Cross-examined: This took place in the little front room. There was a sofa in the room. Prisoner was lying down on the floor and playing with the baby. At other times when he was playing with it he would take it up by-the arms and legs. I have seen tipsy people. Prisoner appeared to be tipsy that day before dinner. He was not tipsy after dinner. It was after dinner and before tea that he threw baby down. He went to sleep after dinner, and when he woke up he played with the baby. He caught mother by the hair, and pulled a lot of her hair out. —William Brown, medical practitioner, stat d that he was called to the prisoner's house about half past eight on the evening of Christmas Day. Witness was asked to go and see a child that was said to have been hurt. The child was lying apparently unconscious on a sofa in the front room downstairs. Witness examined the child and found a bruise on the right side of the head, the right collac-bone broken, the left collarbone dislocated, bruises on the body and on both elbows, the right 'leg broken between the ankle and the knee. Upon examining the eyes the witness found the chiid's pupils very much contracted and immovable. In a few hours the child recovered consciousness after having been sick. The child is at present well and out of danger from the immediate effect of the injuries. Witness heard the little girl Barbara's evidence read, and would consider hsr account consistent with the nature of the injuries. Crosß-examined : Witness did not consider the injuries occasioned by a slight fall.—James Malcolm, residing in High street, deposed that about half-past eight on the evening of Christmas Day he saw the little girl Barbara Layard. Half an hour earlier he heard people quarrelling in the house occupied by the prisoner. Witness asked Barbara what was the matter, and she said that "a man had killed baby. Witness considered it necessary to communicate with the police.— George Carter, cook, said he resided next door to the prisoner in High street. He was at home from six to eight o clock on Christmas night. He heard a great struggle as of. a fall in prisoner's house at about eight o'clock. As he was leaving, the girl Barbara ran out, and called him, saying, " Father has killed the baby; he has thrown it down and jumped on it." He went through the gate and round to the back-door. A female cried out, "Oh, don't do that." The noise proceeded from the front room downstairs. Sergeant Anderson arrested the prisoner in his own house about ten o'clock on the night of the 25th inst. He first went to the bouse about a quarter past nine* He saw a child lying on the sofa in the front room; it appeared to be unconscious. The room was in a state of disorder, and portion of the floor appeared to have been actually washed. Witness found the hair produced on the floor—it resembles very much in color the hair of the prisoner's wife. When he first went into the house he asked the prisoner how the child came to be injured. The latter said it had fallen down stairs, asked witness what he wanted, and ordered him out. Prisoner was subsequently arrested. Ctobs- , examined : Prisoner's wife told witness that the hair had been torn out of her head; Witness's impression was that Mr Walker , was intimidated, and therefore did not tell him what had happened.—By the Bench : Prisoner was not drunk - he appeared to have been drinking.—Constable Dick stated that when he went to prisoner's house prisoner told him that the child had fallen downstairs. Prisoner ordered him out, but .< he said he would not go till a doctor was I sent for, none having been inattendance up to 'that time. After Dr Brown had examined the child and stated its injuries witness left and reported the matter to the police.— This was the case for the prosecution.—The Bench considered a primd facie case had been distinctly made out, and the usual caution was read over to prisoner, who said " I have nothing to say." —Mr Cook then called the following evidence:— Thomas Hair, machinist, was with the prisoner in the Empire Hotel for about an hour on Christmas morning. After this prisoner had several "social glasses" out of a "flowing bowl," and by two o'clock it flowedovier in prisoner's case. Witness left prisoner near the ' Guardian' office at two o'clock, he promising to go straight home. Aftev he bad gone a short distance a man named Mason called his attention to prisoner, who had the baby (Hetty) in bis arms fondling it. Witness then went up to prisoner, frook. the child out of his arms and saw hum home. Witness was beastly drunk and incapable of taking care of himself.—Dr Murphy medically examined the child, Hetty Layard, yesterday, and corroborated Dr Brown's examination in the main, but found no dislocation of the shoulder The blow to the head might have been occasioned by a fall or blow in rough play. Witness's impression was that the blow had been caused by prisoner falling on the child.—Prisoner was committed for trial, hail being fixed himself at LIOO and two sureties of LSO each.