MAGISTRATES’ COURTS.

Globe, Volume I, Issue 66, 17 August 1874, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, August 17. [Before C. 0. Bowen, Esq., 11. M., and Colonel Paclce, J.P.] DRUNK AND DISORDERLY, Fur this olfence the following persons were dealt with;—John Farrel, fined 10s or 21 hours; E. Robertson, ss; Charles Sanders, 10s; and John Parker, 10s or 9G hours. DRUNK AND USING OBSCENE LANGUAGE. Joseph Hal ton, for being drunk, using obscene language, and resisting constable Hughes while arresting him, was fined 20s or 18 hours. DRUNK AND RESISTING THE POLICE. Patrick Pope was charged with this offence, and Peter Bryson with having attempted to rescue Pope. Mr Thomas appeared for the prisoners, and asked that the evidence might be taken down.

Detective Benjamin stated that at halfpast eleven on Saturday night ho was near the Borough Hotel and heard a man crying murder and police ac the intersection of High and Lichfield streets. He ran to the spot, and sawn respectably dressed man running one way and six or seven men running the other way ; he stopped them and asked what was the matter, when Pope wanted to fight and vised very obscene language. He was very violent and would fight, but some of the men kept

him off. He (prisoner) then made two blows at him, and he (witness) caught him and put him down. He was holding him down when some person from behind caught him by the collar and pulled him on his side, when Pope knelt on the lower portion of his body and struck him violently on the nose ; he also tore the buttons out of his waistcoat and shirt. A young man named Nixon interfered, and he was enabled to get up. Afterwards took the prisoner to the lock-up. The other prisoner Bryson was pointed out to him as the man who had caught him by the collar and pulled him down. By Mr Thomas : I was in a tobacconist’s shop when I heard the cries. I had a glass of cider there, and paid for it. I don’t know that the place is licensed. The men were talking loudly when I got up to them. When the men stopped, I asked them if they knew what the matter was. Pope wanted to fight when 1 spoke to them, I remember a cab coming there and Pope about to get into it. This was before the assault. He was creating a disturbance before he attempted to get into the cab. I asked him for his name, and I think he gave me a false name, but lam not certain. When he got out of the cab he commenced dancing round me with the intention of fighting. After Pope was arrested, Nixon said the man who caught hold of you is walking behind us. After he pointed out the man I went over to him and caught hold of him, I did not twist hi* wrist, neither did I afterwards throw him with his head against the wall. W. W. Gray, compositor, said he was at the White Hart Hotel on Saturday night with the two prisoners and another man. He left, and afterwards met them again in Highstreet, and from some remark he (witness) made about Orangemen, Pope snatched the stick out of his hand, and struck him on the head with it. The mark on his head was the result of the blow. Sung out for the police, and saw the detective running towards him, but did not know he was a detective at the time. Then ran as far as Hobbs’ corner to get a policeman. By Mr Thomas—l was sober enough at the time to know exactly what I was doing. The mark on my head was caused by the blow from the stick, and is not a gravel mark. The prisoners and I were talking about Irish affairs generally, and I was opposing secret societies. The prisoner Pope deliberately took the stick out of my hand, and struck mo on the head. I wasn’t what you would call the worse for drink that night, neither did I fall down. Re-examined by Detective Feast—l ran away because I was struck, and wished to find a policeman. Richard Nixon, was present in High street, on Saturday night, and saw Pope wanting to fight Detective Benjamin. Before this they heard murder called out,and saw a man struck with a stick. Thought it was Pope who struck the blow. Detective Benjamin told Pope who he was, and when the two struggled Benjamin had Pope on the ground, and the others present pulled him off, Pope then struck the detective. Did not see the detective use any violence to the prisoner. By Mr Thomas : I had had a glass, but was not drunk. The constable was only holding Pope down when he was on top of him. I did not see the constable strike him. Bryson was following quietly up after the other prisoner was arrested, and the detective got hold of him. I didn’t see him thrown down when he was brought to the station. Chief-Detective Feast stated that about twenty minutes to 12 on Saturday night, he was standing at Hobbs’ corner, and Gray came up to him and said he was looking for a constable. He told him he had been struck, and showed him his head. Gray was perfectly sober at the time, and he (the witness) thought this a rather remarkable thing for a Saturday night. By Mr Thomas.—A blow somtimes has the effect of sobering a man. Sergeant Wilson said he was at the depot on Saturday night when the prisoners were brought in. There was no violence used whatever. The detective’s mouth was cut, his clothes all torn, and covered with blood. Pope was drunk, and the other man sober. Mr Thomas called a witness named George Mather, who stated that he was in company with the prisoners on Saturday. They were standing under a verandah near the corner of High and Lichfield streets, when they saw a man running past them from the direction of the Borough Hotel calling police and murder. Neither of us spoke to him. Afterwards the men came up (one of them the detective), and asked what was the matter with the man who was running. Pope said, “ How should he know what was the matter with him.” He said, “ I want to know, as I am a detective.” They all laughed at him, as they did not believe he was a detective. Pope, Bryson, and himself lived near there, and were about going home at the time. Some people collected there, and Falloon drew up with his cab and asked one of the men to hold his horse while he got Pope into the cab; He got in, and he (witness) was in also, and Bryson was getting in when the detective asked Pope his name. He replied, “ My name is Patrick Pope, I live near the gasworks, and work on the railway.” The detective said he had no doubt he could find him when he wanted him. lie (the detective) then called Pope a scoundrel. Pope rushed outof the cab towards the detective, who caught hold of him, and they rolled on the ground, Pope uppermost. He (witness) pulled Pope up, and somebody else picked up the constable. Bn mu did not lay Ivs hands on any one ; it was he (witness) who did so. The constable told Pope he would take him to the lock up, and he said, “ I’ll follow you quietly.” Bryson and he followed for the purpose of bailing Pope out. When they had got a little distance the detective gave Bryson in charge for attempting to rescue Pope. When arresting Bryson, the detective twisted his wrist. At the depot, after they passed the iron rails, they threw him (Bryson) forcibly on his head. He was not making any resistance at the time. Bryson only had two (Masses of sherry that night altogether. They all three were going home quietly. Do not believe the detective himself was very sober at the time.

By Detective Feast—l was absolutely sober at the time. If Gray swears th at Pope struck him with a stick it is not true. I remember meeting Gray at the White Hart Hotel. He came over to us, and said he was a Londonderry man, but could not tell the name of any street in it. He seemed rather ashamed of himself and wont away. Gray did not have any conversation with Pope about being a pretty sort of Irishman. On Sunday when I wont to bail Pope .out I saw you there, I did not make any complaint about the conduct of the police. Re-examined—l have known Pope for twelve years, lie does not drink to- excess.

When in drink he is very quiet if left alone.

Falloon, cab-driver, stated that on Saturday night when walking his cab home he heard a man calling out in High street. He thought he was mad, and asked him what was the matter. The man did not answer but staggered from one side to the other. Afterwards drew up to where Pope and the others were standing and heard the controversy between the detective and Pope. Got down to induce the latter to get into his cab, and after he got in. the detective called him a scoundrel. Pope then got out and walked towards the detective, who caught him by the collar. They both scuffled and fell on the ground. Pope was subsequently arrested.

Detective Feast, by permission of the Bench, called a witness named Henry Haines, clerk and book-keeper, who said he was in company with Detective Benjamin on Saturday night, who was perfectly sober. Two glasses had been called for at the tobacconist’s shop, but was not certain that they were paid for. The drinks were not partaken of, as they heard the cries when about to drink them. Saw the scuffle afterwards. Bryson pulled the detective away. His Worship said that in Bryson’s case there was some doubt as to who did collar the constable, and the Bench would dismiss the charge against him. Mr Thomas then called Bryson, as a witness, who gave similar evidence to the witness Maher, and stated that he and Maher were following Pope after he was arrested. The detective handed Pope over to a constable, and turned round and collared him and twisted his wrist. When he was in the yard at the depot, he was thrown violently on his head on to the ground. His Worship said that with regard to the assault on Grey, that would be a matter for a seperate information, and by the bye, the question of the sale of liquor at the tobacconist’s would have to be enquired into. From the circumstances at the time there was qnite sufficient cause to make the constable suspicious and to think it his duty to make inquiries. The constable did use strong language, but there was no doubt but that Pope did rush out at the constable. He would be fined 40s. and the Court wished to say that, on the evidence before them, Bryson should not have been arrested on the charge. DRUNK And illegally on premises. E. J. Madden and Mary A. Greaves were arrested for being drunk and illegally on the premises of Mr Adley, St Asaph street east, at half-past 12 o’clock on Sunday morning. Constable Breen stated that while taking them to the lock-up the male prisoner tried to escape, and, while holding him, the woman escaped and was subsequently arrested. Mr Adley said the prisoners were wandering about the paddock on Sunday morning and broke into his place ; there was another man with the prisoner when he went for the constable, but the man ran away when they returned to the house. The prisoner Madden said that the back door was opened for himself and mate by a woman who was inside (the female prisoner was not with them), and called a witness who gave evidence to this effect. Madden was fined 20s for being drunk and disorderly and the charge against the woman dismissed. Hamilton Shaw for being illegally on the premises of Mr Roundtree, butcher, Kilmore street, and against whom there were several previous convictions, was sentenced to a month’s imprisonment with hard labor. INDECENT EXPOSURE. Timothy Murphy, against whom a charge of this nature was proved, and who said he was a stranger in the place, was fined 10s or twenty-four hours. LARCENY. James Harris was charged on summons with feloniously stealing some pieces of household furniture the property of William Barnard. Chief-Detective Feast told the Bench that from inquiries made he did not think there was a criminal charge against defendant, and that it was more of a civil case. Both parties made a statement. After which his Worship said that no criminal charge should have been laid, and dismissed the information. PAWNBROKER’S LICENSE. The adjourned application of H. B. Nathan, for a pawnbroker’s licence, was called on.

Mr Thomas, for Mr Garrick, appeared for the applicant, and explained the facts, stating that the Indian did not go in alone to Mr Nathan’s shop, but was accompanied by Sir Cracroft Wilson’s coachman, to whom Mr Nathan explained the nature of the sale. Mr Thomas also apologised for the note made by Nathan in the book, who was sorry for having done so. After some further explanations his Worship said that such transactions did not show mutuality of contract, and if the Bench thought that such were the every day transactions of pawnbrokers, they would have very grave doubts about granting such licenses. He had made enquiries about the management of the applicant's business, and a favorable report had been returned. The application would be granted. LYTTELTON. Saturday, August 15. [Before W. Donald, Esq., R.M.] ASSAULT. W. Morton was charged with this offence, The case had been adjourned for further witnesses. Mr H. N. Nalder appeared for the complainant, George Constance. After hearing the evidence, accused was fined 10s and costs. UNNATURAL OFFENCE. George Hendley and Charles Weed, on remand, were committed for trial. The former accused was further charged on a second complaint by George Edwards, and remanded until this day.