MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2107, 5 February 1908, Page 1

MAGISTERIAL.

TUESDAY, FEBRUARY 4

(Before Mr. AV. A. Barton, M.AI.) ALLEGED ASSAULT.

Ernest Lind was charged with having on February 3rd assaulted Sidney Old, with intent to,cause greruns bodily harm. Sergeant Williams conducted the prosecution, and Mr. T. Alston Coleman appeared for accused.

Sidnov Old, laborer, Kail! Freezing Works, said he saw accused yesterday for the first time in his (witness’s) house on the Kaiti beach at about S.‘JO p.m. Accused did not como on witness’s invitation. His wile and children were in the bouse. When witness went homo be found accused in the house in a drunken state. Witlies ordered accused off tlio premises, and accused caught him by the throat with one. hand and picked a knife off the tr.Me with the other. Witnes struck accused twice with his list and put him outside. Asked accused to go, lad he refused. He said lie wanted to fight; and again rushed at witness. witness’s shirt oil', and then throw a flat-iron at witness which went wide. Accused then picked up tho flat-iron and endeavored to hit witness with it. Then accused made a rush at a hoy named File who was standing by, File hilling accused on the head with a stick. Accused then said ho would go away, and asked that the boy who had been sent for the police should ho called back. Witness gave accused some water to wasli himself, and after accused had washed himself accused wanted to make more trouble, hut witness went into tho house, and a few minutes afterwards accused left tho place. The table knil'o produced was ibe on© with which accused threatened witness.— By Mr. Coleman: His wifo would have authority to invite anybody to tho house. The lady with whom lie lived was not married lo him. Was not in tho front room of tho house for some time prior to going into tho room where aeem ed was. In the room with accused, were his wife, his daughter and pen-imps two of tho hoys. Did not hear accused say ho had been robbed of money while in tho house. His wife was perfectly sober at the time. On entering the room did not catch accused by tho throat. His wife did not hit accused oil (he head with a flatiron. On Hie day in question had worked at the Kaiti Freezing Works from 7 a.m. to 5 p.m. Had never scon accused at the house prior to yostevdav. Ills wife had never told him that accused had been (here before. It was not a common thing for men to frequent his house. Saw no drink in the room where accused was. When he left for work there was’about £'i 9s in cash in the house. Did not know there was about £l2 last night.—Ha-examined: The blow given by File would cause a wound on accused’s head. When accused put oil his coat saw half a bottle of whisky in o. o of tlie pockets.

Harry Burton, aged 15, stepson of the previous witness, said he saw ac-cu.-cil go lo liis mother’s houses about 4.30 p.m. Accused wont in and sat down. lie spoke to Airs. Old, but witnc s could not make out what he said, or what reply Mrs OJd made. His mother did not appear to lie angry, and did not order accused off the premises. Told accused to go out and lie chased witness outside. Did this because his father had told him to tell any men lie found in tho house to got out. llis mother was discharged from a•. lunatic asylum about fix years ago. She had boon ill for two or three months and-she was still ill. llis father asked him to order moil out of the house because of his mother’s illness. After chasing witness out of the house accused returned inside, and witness went to sec if liia father was coming home. Later on went home with his lather. Witness largely corroborated the evidence of previous witness. Outside when Old had put accused out and during the following struggle accused caught witness’s mother by tho arm and endeavored to hit her with a flat-iron. Witness’s brother then brought File up, File hitting accused with a lump of wood.—By Air. Coleman: File used a piece of manuka about three inches round. A constable asked witness to come lo the Court. Did not talk with the constable about the ease. When witness saw accused first enter the house a boy named Henry Perston was with accused. Tho door was open when itbeused arrived. Nobody came to the door to receive him. Had never seen accused at the houso previously. Did not often see strange men at tho house. Went into the house about a quarter of an hour alter accused and ordered him out of tho house. Did not go in at the same timo as accused because lie did not know what ho wanted. His mother was present when he ordered out of the houso. She had not, so far as lie knew, been drinking. When he went in his mother was talking to accused. When jho re-entered the house with his father, his mother was getting tea ready. His sister was also present, but neither she nor her mother was. objecting to the presence of accused. There were three flat-irons in the house. The iron with which accused attempted to strike his mother was picked up by the door. Did not see liis mother with a flat-iron in her hand.—lie-examined: Accused was not rowdy in the house.

Algar File, said that being called by one of the Olds he proceeded to their yard from the beach. Accused had a Hat-iron in liis hand and was scuffling with Old and Mrs Burton. Old feuded off a blow aimed at Alts Burton and Mm iron dropped out of accused’s hand. The iron fell near witness. Accused rushed at witness, witness hitting him on the bead with a niece of manuka he had in bis band.' By Air Coleman: Hit accused on the top of the head, the blow perhaps being towards the joH. the stick he used was about an Midi and a half thick. Did not see any other wound on accused's head. Constable McPherson said lie was called to Old’s house about 5.50 oil the previous evening. Proceeded in a cab along the Kaiti beach, ft aw accused who was in a very drunken condition. Asked accused what had occurred. Ho said: “I went up to visit a woman. I was sitting in the kitchen with her having a drink when that came in and struck mo on the head "ltli a bottle. I. then started lighting with him and we got outside." lheii witness took accused to Mis Olds. Had great difficulty m taking him up the stairs as he was verv diunk. - Ilv Air Coleman: Accused told witness that Old had caused a. wound on his head. Witness examined it. It was a very bad wound, beiu o about- an inch and a half lon„. At this point the Sergeant asked fo ran adjournment to enable - • Old to be brought to the Couit.

At 3 o’clock the Sergeant reported that Airs Old was physically -unfit to attend.

A remand was granted until 10.90 on the following morning, bail being allowed, accused in liis own recognisance of -CSO, and two sureties of jG2S SUPPLYING LIQUOR,

Philip Peterson was charged with having supplied liquor to a person against whom a prohibition order was in force. Bergent ■Williams conducted the prosecution. .Robert JJarwick, saddler, Ormond, ■mid lie saw accused in Gladstone road prior to liis (witness’s) arrest for drunkenness on Januarv 22nd. Had a conversation with him, but said nothing regarding drink. Did not remember being arrested for drunkenness on January 22nd. Could not remember making a statement to anybody regarding accused. Remembered the iSergeunt speaking to him' in tho morning regarding tho defendant, but could not remember what he said. Did not remember speaking to constable Pratt regarding defendant. Had no recollection of tolling tho constable that accused was supplying llim with liquor. At this stage Sergeant Williams asked leave to discontinue the prosecution.

Tho S.AL said ho did not blame the, police for bringing the case. He would dismiss the charge. Speaking to accused the S.M. said that if tho eluu-go had been proved the penalty would have .been a heavy one. lie (the S.M.) wanted an opportunity of fining those who supplied liquor to prohibited persons, who were far worse thaw the prohibited persons procuring liquor. PROCURING LIQUOR.

Maggie Williams was fined £3, with costs 2s, in default 14 days’ imprisonment i'vr having procured liquor during the currency of a prohibition order against her. LICE-INFECTED SHEEP.

The Inspector of Stock proceeded against a number of persons for Laving exposed lice-infeeted sheep for sale at the Alatawhero stock yards. The following wore fined £1 :—-Win Oliver Riddell. Laurence Tullook. Sarah Jane Dnulton, Goo. Irwin Falktier, TT. D. DeLautour. HR UNKENNESS.

Four first offenders, one a woman, were dealt with in the usual man-

Tlios. John Harris, who bad linen convicted of one similar offence durli’fr the niU six months was fined C.i with costs 2s in default seven (lavs’ imprisonment.