MAGISTRATES' COURTS.

Globe, Volume III, Issue 227, 2 March 1875, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Tuesday, March 2. [Before G. L. Mellish, Esq., R.M., G. L. Lee, and C. Hawdon, Esqs, J.P.'s.] DRUNK AND DISORDERLY. Archibald Knowles, charged with being drunk and resisting the police, was fined 10s. John Wylie, for drunkenness, was fined 10s. Charles Claxton, ss; James Mowat, ss; Henry Pope, ss; Ellen Jordan, 10s; Edward Slattery, ss; and Richard Quail, for being drunk and resisting the police, was fined 20s. DRUNK AND INDECENT EXPOSURE. Henry Thompson, arrested for an offence of this nature committed in Colombo street, was fined 10s. DRUNK AND SOLICITING PROSTITUTION. Jane McMahon, an old offender, arrested for this offence, was sentenced to one month's imprisonment with hard labour. ATTEMPTING SUICIDE. John Todd was charged on remand with this offence.; *■■■■ Mr Reston, chief gaoler, said the man had quite recovered from the effects of drink, from which he had been suffering. His "Worship hoped this would prove a caution to accused, and discharged him. DRUNK AND CREATING A DISTURBANCE. William Smith and Anna Smith were charged on remand with this offence, committed in the Ellesmere Arms, at Tai Tapu. Mr Thomas appeared to support the charge, and Mr O'Neil for defendants. Robert Little said he was licensee of the Ellesmere Arms Hotel. On Saturday last, between eight and nine o'clock in the evening, Mr John Judge came into the bar and struck a young cook of his. AMr Morton told him that it was a cowardly act. The two defendants, with others, then i-ushed in, in drink, and wanted to be served, but he would not let them have any. One of the men took hold of the beer-engine, and said he'd break it if he didn't get it. Mrs Smith asked for drink- There were nine or ten people came in with defendants, all in drink. Mrs Smith and her husband were then out, and Smith broke some bottles of porter, and Mrs Smith broke a large frosted glass door and eight panes of glass. Smith seemed mad at the time. Smith knocked a young man named Crocker down with a pickle-jar. He struck him on the head. There were threats made by defendants the previous day. Smith got his marked face from Crocker after he .was down. Mrs Smith got marked by falling on her head through the glass door. Had had no quarrel with defendants. Smith said .they'd take the house' if' they were not, served with drink. By Mr O'Neil—l was quite sober at the time, and not mad with drink. I did not pull Mrs Smith through the window. I did not strike Smith. I did fasten him in a chair with a rope. I did not then commence to punch him. I never touched him sitting. I did not strike him in the eye with my knife while he was sitting in the chair. They came to my house between 8 and 9 o'clock. Before they came there had been a row with Judge. , I did not tell Mrs Fussell that there had been a row in the house. To my knowledge my wife did not serve defendants with drink. I did not push out a lot of people before defendants came. Morton, I believe, did. I remember Smith being inside the house and his wife outside. I and Morton did not kick. and beat him. Crocker and another man' did not • hold defendant down while we beat him. 1 could not say whether his wife screamed, but there was a great deal of screaming going on. Ido not remember hearing her say she had broken the window to come in to her husband and she was prepared to pay for it Mrs Fussell broke one of the large windows. Mrs Little stated that she was the wife of the last witness. On Saturday night Mrs Smith and her husband came to the house and swore they would take possession of the house if they were not served with drink. Smith struck Crocker on the head with a pickle jar, and then Crooker pitched into him. Saw Smith tied on a form, and he then had the marks on his face, which was covered with blood. Was certain he was not struck after he was tied. Saw some stones thrown. Mr Smith, Mrs Smith, and Mrs Fussell, were throwing the stones. The windows were broken by the stones. Mrs Smith came in through a window. At this time Mr Little was behind the counter. There was no unnecessary violence used in putting the people out. After Fussell demanded drink he struck Little in the face. By Mr O'Neil—l did not give Mrs Smith a glass of port wine, and they had no drink in the house. I did not give Mrs Smith wine and beer and take a shilling. I swear positively that Mrs Smith threw stones. My husband did not throw Mrs Smith through the window. I did not say to my husband "Robert, don't kill the woman." I do not remember the clothes being nearly torn off Mrs Smith, and my asking her to come into the room for protection. My husband did not give Mrs Smith her present black eye. He did take hold of her and shake her. While Smith was tied up my husband did not strike him, and inflict the wounds on his face, nor did he strike him with a knife. Alexander Morton stated that he was in Little's service. He saw Mrs Smith that night break all the glass out of one of the doors. He saw Mrs Smith throw the stones. She was drunk at the time, and put her head through the window. Did not notice where Little was when Mrs Smith came in through the door. She came through of her own accord. They were refused drink. Did not know that Mrs Little had taken a shilling for some drink. Saw Smith catch a young man on the head with a pickle jar. They seemed prepared for a row when they came, as one took off his 'coat first thing. When the stones were coming through the window, Little went out, and brought Smith in. When he was brought in assisted to.tie him. Smith was not struck or illused after he was brought in. Did not know that Little had struck the man. Mrs Little did not strike Mrs Smith. Saw Mrs Smith and Mrs Fussell throwing stones at the windows. There were some bpttles of porter broke.

By Mr O'Neil—l had not been drinking that night, and I did not kick Mrs Smith, but I caught hold of her, and put her down on the sofa. The night was dark, and the bar was lighted, but after we got them out, we put out the lights. I will swear that I did'nt see Little strike Smith after he was tied. I did not strike anybody. Remember when Smith was inside Mrs Smith tried to get in, and was screaming at the time. There were four of us inside at the time, but none of us were beating him. I remember Mrs Smith saying they were murdering her husband, but nobody was touching him. I did not tear the body of Mrs Smith's dress. Robert Crocker stated that he was in Little's Hotel on Saturday last, when defendants came in. They were slightly under the influence of drink at the time. The first he saw of the row was Smith taking up a pickle jar and striking him (witness) on the head with it. Had had no row with Smith before this. He (Smith) then attempted to follow his first blow up, and he (witness) then struck him repeatedly. After Smith was tied down did not see him struck. Mrs Smith threw some stones and broke several windows. Morton put Mrs Smith down on a form, but did not strike her. She was scratching him at the time. Could not say whether he tore her dre c s. By Mr O'Neil—After Smith was tied down I was sent for the police. I have had no conversation with any one about this case. As I was away I could not say whether Little struck Smith in my absence. Neither Little or Morton struck or kicked Mrs Smith in my presence. I did not hold her down while they struck her. There was no row going on before these people came.. John McKinnon was present that night, and heard the defendants refused drink. The woman wanted to fight Little, and she was put out, and afterwards came in through a window. She came in of her own accord, and was not forced through. Smith struck Crocker with a jar, and that started the row. There were a lot of stones came through to the bar. When the prisoners came in they said they'd take possession of the bar. Did not sea Smith struck after he was tied. His face was all cut before this. Mrs Smith was struck by a man named Alfred Sturgeon. By Mr O'Neil—l ca'nt say what time I left for the police. I was not drunk at the time. I did not see Little strike Smith after he was down. I couldn't say whether Little said, " If I don't put a stop to this the house will be taken from me." I did not see Little pull the woman through the window. Mr O'Neil called Henry McClelland, who stated he was in the cart with Mrs Fussell that night, coming from town. Mr and Mrs Smith, with Wm Fussell, were in a cart behind. They stopped at the hotel, and Wm. Fussell went inside, and the next thing he (witness) saw was Fussell coming out of the house head first. Had some lemonade, and Mrs Smith had some port wine, and the others had some drink. He paid a half-a-crown for it. The pickle jar affair happened some long time afterwards. When they came up first there was a row with Jack Judge, and all the were turned out by Little and Morton, with the exception of Smith, who was left inside. Ha (Smith) was singing out in the bar, and Mrs Smith broke a window in the door to get in to her husband. After this, while Mrs Smith was breaking the window, Little came round and caught hold of her and pitched her through the window. She alighted on her head and could not stir for some time; After she got up Morton pushed her down three or four times. Did not see Mrs Smith throw any stones. Mr and Mrs Smith were not drunk, but had had a glass or two. Didn't know whether Little or Morton were drunk. By Mr Thomas—l paid half a crown for the drinks we had, and I went in and got them. T don't know whether Mrs Smith paid a shilling to Mrs Little for two drinks. When the jar was thrown, Smith did not know who he was throwing at as his face was covered with blood. He had been beaten before this but I could not say by whom as I could not see under until the window was broken. Smith was also beaten after this. I am certain that it was Little who caught Mrs Smith by the two feet, and bundled her through the window. I am certain of this as I had not been drinking and Little came alongside of me where I was standing. Mrs Smith did not throw any stones that I saw. After Mrs Smith got up again, she was put down by Morton. Mrs Smith may have known that there was a rcw in the house before she came up as she could not help seeing William Fussell pushed out. She went into the bar after this, and was allowed in of her own free will. There was no attempt to prevent her from going in. I am quite sure that Smith's face was covered with , blood before he threw the pickle jar. Harriet Fussell remembered arriving at the EUeßmere Arms Hotel with her husband and brother-in-law, William Fussell, about nine o'clock. The defendants were behind in a dray. William Fussell and her husband went inside to get a drink, and shortly afterwards William Fussell wa9 pushed out. When they got to the house they were told by a butcher that there had been a row there that day. Mr and Mrs Smith went in and Little came out and had a row with Judge and another man. Little came near to where her husband was standing in the bar, and struck him over it. After this a man named Morton opened his arms and cleared half the bar, and then the door was closed. Mrs Smith was one of those who was pushed out. Just after this she heard Smith crying out as he was being beaten by those who were inside, and Mrs Smith commenced to break a window to get in to him. Little came round while she was doing this. Caught her by the heels and made her turn a somersault right through the window. Some one then called out " The woman's neck is broken," and she (witness) said " The woman is killed." It was her opinion that those in the house were all more or less under the influence of drink. Smith came out of a side door, with his face all bleeding, and took up some stones and threw them at the window. The witness, in cross-examination, stated that she saw three men strike Smith before the bar was cleared, and he had blood on his face when he came out of the door and threw the stones. With the exception of McClelland, the other men were more or less under the influence of liquor. Did not hear Mr and Mrs Smith refuse to drink. Was quite certain that it was Little who took hold of Mrs Smith's feet, and pitched her through the window. When he (Little) did this, the men inside were beating Smith. John Osborne was present that night, and saw Smith's face covered with blood', but did.

not know who had done it. Saw Little push Mrs Smith back, and when she tried to get up, he tried to force her down again. Little struck one of the Ftissells over the counter. When the bar was half cleared, Mrs Smith was outside and Mr Smith was outside. Mrs Smith then took up some stones. In cross-examination, the witness said that he heard Smith shouting as if being beaten inside, before the jar was thrown a» Crocker. Andrew Sturgeon was in the Ellesmere Arms that night, and heard Wm. Fussell refused drink, and saw him pushed out and fall on his back. He (witness) could not remember much about the row, as he was under the influence of drink at the time. In cross-examination the witness said that he saw the jar thrown, and hit Crocker, whom it nearly knocked down. The jar, he thought, was thrown by Smith, but his (Smith's) face was covered with bluod before this. To the best of his belief, after this Crocker hit everybody who was near him. Remembered eeeing stones thrown into the bar. This concluded the evidence. Mr O'STeil, in addressing the Bench, submitted that the evidence given that day, taken in connection with Little's absence on the previous day, was convincing proof that he thought it to be more to his interest to stay away than appear, if he could help it. The appearance of the faces of defendants at that moment would show how scandalous their treatment had been. Little had in his evidence tried to prove too much, but had undoubtedly proved one thing, and that was that he was not a fit man to have the charge of a public house. Mr O'Neil then reviewed the evidence, dwelling particularly on Little's treatment of Mrs Smith, and protested against the credit of this house being kept up at the expense of his clients, who were marked out, with that intention, and for the purpose of being punished. Mr Thomas submitted that the only illtreatment inflicted on Smith was by Crocker, who admitted having struck him repeatedly and heavily after the jar had been thrown at him. The people had come there determined to have a row, caused through prejudice against Little existing in the district, and a determination to make him leave there. There had been no evidence of Smith and his wife being ill-treated by Little himself. The house, through their conduct, had been nearly wrecked, and it was only after so much damage had been done that Little was compelled to go out and secure Smith. They had the fact before them that defendants had destroyed a considerable quantity of property, and he respectfully submitted that they must be convicted of being drunk and damaging property. The witness Morton, called by tbe'Bench, as to the damage, stated that there were eight squares broken in the windows, and the whole of the glass in the door was broken. By Mr O'Neil—These are all the windows broken.' I did not see Smith break any, but saw his wife break the glass in the door. Little, recalled, said—There were six panes broken in the windows, and the whole of the glass in the door. He did not know the cost, bat had been told that the two panes in the door would cost £2 10s each, and the other windows 10s "each. Mr O'Neil would submit that this statement of Little's could not be received as evidence. His Worship said that with regard to the first charge of creating a disturbance, that was no doubt the act of defendants, and they did not appear to have been treated in a brutal way further than they brought on themselves. Smith had been roughly handled, but he brought it upon himself, and it served him right. For the charge of creating a disturbance defendants would each be fined 10s, and that of destruction of property would be adjourned for one month for evidence of' the value of property destroyed. LYTTELTON. Monday, Maech 1. [Before W. Donald, Esq., R.M.] REFUSAL OF DUTY. Henry Tunnell.an A.B. on board the barque Alice, was charged by Captain Burgess with this offence, and sentenced to one week's imprisonment. WIFE DESERTION. John Roberts was brought up charged by his wife,* Kate Roberts, with this offence. The Court ordered the accused, who was a seaman, to pay £1 per week towards the maintenance of his wife.