MAGISTRATES' COURTS.

Globe, Volume V, Issue 595, 16 May 1876, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Tuesday, 16. (Before G. L. Mellish. Esq, R.M.) Drunkenness.—An inebriate, for being drunk and disorderly, was fined 10s and costs, Larceny as a Bailee. —Frank Roland, charged with an offence of this character, was remanded to Timaru for examination. Wife Desertion. Charks Ahrens, charged with deserting his wife at Kaiapoi, was remanded to that place. The prisoner had been apprehended at Dunedin. LYTTELTON. Monday, May 15. (Before W, Donald, Esq, 8.M., and J. T. Rouse, Esq, J. P.) Drunkenness.—Robert Dixon, arrested by Ccnstable Watt, was sentenced to fortyeight hours' imprisonment, for being drunk and (isorderly and assaulting the police. Daniel Sullivan was accused of creating a disturbance at the Railway Hotel. Case dismissed. T. H. Brookbank, arrested by Constable Devine for drunkenness, was fined 10s. Assault.—William Smith, a seaman belonging to the barque Victoria, was charged with assaulting Edward Duffy and Robert: Murray. Eergeant-Major O'Grady, sworn,;

said—About ll.fiO on Saturday night I was ia London street, and from information I received I went on board the barque Victoria, lying at the, Screw Pile Jetty. Constables Daly and Moutray were with me. I saw a man named Edward DofEy, one of the prosecutors, and found a wound on his right thigh, and another on his left side; there was blood on both wounds. The wound on the thigh corresponded with the cut in the trousers produced, and that on the tide, with the marks on the shirt produced. Duffy had the trousers and shirt on. I then went into the forecastle and saw the prisoner lying in his bunk, with his "trousers and shirt on. I woke him up, and he then tried to strike. Whilst I was pulling prisoner out of the bunk, Constable Daley put his hand round prisoner's side, and took'out a knife from a sheath. I locked up prisoner. I subsequently took possession of trousers and drawers produced. They are the pro« petty of a seaman named Murray. A cut on the right thigh corresponds with a wound on Murray's thigh. On Sunday morning. I cbareed prisoner with wounding Murray and Duffy with a knife. He said he knew nothing about it. Prisoner had blood on his face, a black eye, and marks that showed he had been recently fighting. By Bench — Murray appeared slightly affected by liquor; Duffy was quite sober. J. T. Bouse sworn, said —I am a duly qualified medical practitioner. At 12.30 on Sunday morning, I went with the Sergeant-Major on board the barque 'Victoria. I there saw the two prosecutors, Duffy and Murray. On the outer and upper part of Duffy's right thigh there was a wound five inches long, and skin deep. On the left side of his chest, over the ribs, there was a wound about an inch long, also skin deep. There was blood on both. The wound in the thigh had been bandaged before 1 saw it; the cuts in the shirt and trousers indicate the position of the wounds. On the inner side of Murray's .right thigh, about 4int or Sin above the knee, was a wound 2Jin long, the centre part of which had gone' through the skin and into the sub-cutaneous cellular tissue to the extent of about am inch and a half, gaping half an inch wide. I dressed the wounds. I saw the table knife produced at the police station before going on board the barque. I do not think the wounds were infl cted by it. The wound in Murray tailed into the skin at both ends, and must have been made with a sharp 1 in* struraent. A sheath knife like that produced would have inflicted such wounds. The wound on Duffy's side was a stab, and is exactly the shape of the top of the sheathi knife produced, and fits the cut in the shirt.. The wounds are not dangerous ones, but that on Murray's thigh, if a little deeper, wouldi have been very serious. Edward Duffy saidi —I am a seaman belonging to the barqueVictoria. I know prisoner; ho was also at seaman gn^board. I was ashore on Saturday night; went on board between 11 and 12. I went aboard alone; I lad some drink. When I went aboard I met the captain; and as I got to the door of the forecastle prisoner came up, called me a son of a b——h, and struck me on the neck. I told him to be quiet, as I did not want to fight with him; but he said he would fight me right or wrong, and struck me again in the jaw. Thecaptain and another man were present atthe time. After the second blow I hit him, and we fought; we" fell on the deck together, and 1 then felt myself cut on the thigh, and called out to Murray, who came up out of the forecastle during the fight, to take prisoner away, for I was cut. I had the best of the fight; I knocked him down . and fell on him. It was dark, and I saw no knife in his hands. Just as Wm. Holmes came on board I asked him to see fair play, and closed with the prisoner again, When I felt myself cut in the side I called out and ran away, and then Murray oalled out" I am cut too." I saw no weapon in his hand; then. Neither prisoner nor my self were sober at the time, but he wa,s more drunk than li was. When we fell we were both oh sides together. I had no knife on me. The: shirt and trousers produced were those 1 had( on at the time of the fight, and the marks: on them were made during the scuffle. Prisoner and myself have always been the best of friends. The sheath knife produced is prisoner's ; the table knife is my property, and was on a shelf in the forecastle when I went ashore that night. Robert Murray sworn, said —I am a seaman belonging to the barque Victoria. I was on board on Saturday night. I was ashore, and about 11.15 prisoner and myself returned on board. Duffy" was not then aboard. We went down into the foreoastle. Aecused said he could lick the whole lot, and when Duffy came aboard he calledDuffy a son of a whore. I tried all I could! to persuade him not to fight Duffy. I by the expressions used by prisoner that hebore ill-will against Duffy. He knew Duff , was on board as he heard him singing out as < he was helping the captain to alter the-: fenders. Accused went on deck and wanted* I to fight Duffy Prisoner struck Duffy firstr under the ear with his fist. Duffy said " Don't do that again or I'll strike you back." Prisoner struck him a second time and then* .Duffy returned it. Duffy knocked prisoner down and fell over him ; they lay on the deck three minutes. After I felt that I was* cut I heard Duffy say that he was stabbed. I bad no knife on me ; it was I took Duffy off the prisoner with the assistance of another man, who also was without a knife. Duffy did not want to fight; he told bim.be would fight in the morning when he was sober. Prisoner. usually -wore a sheath knife. The sheath* knife produced is prisoner's. Duffy said that prisoner had a knife when he called out. he was stabbed. William Holmes, an ordinary seaman on board the Victoria, gave: corroborative evidence, and in addition) stated tbat during the scramble he sawprisoner poking a sheath knife into his* sheatv .and that he went up to him, pulled) it our, and threw it away direct for the wharf. Prisoner struck him several times when he had taken the knife away. Constable Daley corroborated sergeant-major O'Grady's evidence with regard to prisoner's arrest. Constable Moutray proved finding the sheath knife on the wharf. The Bench convicted the prisoner of a common assault, and sentenced him to two months' imprisonment on each charge, cumulative. KAIAPOI. Monday, Mat 15. [Before C. Whitefoord, Esq, R.M.J Cattle Tbespass Ordinance.—-J. Kinley and W. fUnley were respectively fined 10s and costs for allowing horses to stray. Police Ordinance. Patrick Butler, arrested by Mounted Constable !<mart, was charged with having been drunk, and digjrderly on Saturday night. Previous conMotions of drunk and disorderly conduct ind vagrancy were preferred against accused, ind two witnesses stated he had been very lisorderly before he was arrested. Fined

40s, or in "default three Hays" imprisonment. -> ,—>-~~.- :, FUBiotra Riding. Martin Smith was charged that on 7th at Woodend he rode his hone at such a pace on the public road as to be dangerous to foot passengers. S. Ayres said he saw accused ridiog fast, and he knocked .oyer a female eighty-five years of age who was walking on the side of the toad. W. "Judsbh stated accused was galloping at the time persons were leaving the Wesleyan Chapel. He was standing in his stirrups, and another man made the remark that it was a pity there was not a policeman at Woodend to stop such people. Accused said he turned the corner sbarplv, but was not riding furiously. The female was on the middle of the road, and he drew to the side when she also went to the side, and came accidentally in the way. The magistrate ■aid it was clear accused was riding at an improper pace, espeoia'lyon a Sunday, when persons were going to or returniug from places at worship, and if anyone came before him after this for that offence he would probably be fined the full penalty of £5. Accused would be fined 40s and costs. Assault.—John Petersen was charged, on Information of Harriet Petersen, his wife, with having On Friday night struck her, thrown her down thrice, and slapped her faoe. This was not the first time she said accused had violently psa'ilted her. Constable Haldane Baid on Friday complainant came to him in an excited state, stating her husband had beaten her. She was quite sober. Accufed stated his wife was given to drinking, and he intended to put a stop to it, for when he came home he could not get ■ his meals. The Magistrate said his statement did not tally with that of the witness. He must take that of the constable, who said complainant was sober. The parties were advised in future to live together on better terms, and accused was fined 20s, or in default, three days' imprisonment ; three days allowed to pay the fine. BLAUGHTBB HOUSE OBDINANCE. A license was granted to T. Chapman, Eyreton. PUBLic-HOUSa Act.—A transfer of the license of the Bneyd's Arms Hotel, from Margaret Greer to George W. Wearing, was granted. Civil Cases.—W. McDonald vJ. Frew ; £2 14s ; no appearance of defendant; judgment for plaintiff. F. S. Funston v Mark and Chapman, trustees for a Maori; £26 18s OJd ; paid £l4 ; judgment for plaintiff lor £l2 18s o£d and costs. J. Petrie vA. Znppicich ; £1 4s ; judgment for defendant with costs. J. Henwood vJ. Hoskins ; damages to fence Is; judgment for plaintiff. T. Backhouse v J. Thompson ; £1 Is ; judgment for plaintiff.