MAGISTRATES' COURTS.

Globe, Volume VIII, Issue 807, 23 January 1877, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH.

Tuesday, January 23. (Before G. L. Mellish, Esq, 8.M.) Drunk and Disorderly.—Emily Hyde, charged with drunkenness, was fined ss. Two inebriates, who appeared for the first time, were each iined ss. S. H. Stevens, charged with being drunk, resisting the arresting constable, and injuring his hat, was lined '2os, and ordered to pay the damage, 16's 6'd. Hugh Travers was lined iOs ami cautioned. John Walls was arrested for being drunk and disorderly in a railway carriage on the South Line, and refusing to pay his fare from the Raceeours3 Junction. Accused said he had paid for his ticket at Doyleston, but had lost it. Fined 10s, and ordered to pay the railway fare, lid. Assault. —The adjourned summons case against Matthew Buckley for assaulting Louisa Bryan was called on. Mr Thomas appeared for the defendant. Complainant recalled, at request of Mr Thomas, stated that she was a married woman, living by herself at the date of the assault. The men came about half-past eleven that night. It might have been after that hour. Five men came to the house. Would not be able to identify any one but defendant. The other men stayed at the other side of the street, and defendant came to the gate and tried to open it. She asked him what he wanted, and he then used most disgusting language to her, and committed an. indecent act inher pre*

sence. He struck her, and afterwards took out the knife produced and opened it. Witness then got a tomahawk which had been newly sharpened, and struck defendant with it on the hand. Knew that she cut it, as there were marks of blood on the fence and ground next day Before this happened, defendant wanted her to come outside the fence to fight He afterwards pulled down some of the palings, threw them inside and threw stones at the house until half-past two in the morning. Witness was certain that defendant was the man she struck Witness had recognised defendant before he was pointed out to her in Court. Mr Thomas called Peter Cockeran, who stated that about ten minutes to eleven that night he, Braithwaite, and Ashton, who were at the Railway Employes' Club, mot defendant at the corner of Madras and High streets. Defendant was very much the worse for liquor. They had had a drink at the Caversham. Witness said he would see Buckley home, to prevent him getting into the hands of the police. He had very great difficulty in getting defendant down the street, and he fell down twice. When they wfire down the Ferry road, some distance below the belt, defendant said he lived near there, and could manage to get home by himself. Witness then left him and returned to his home. In cross-examination the witness said they had all had a drink thatnight at the Caversham. It was generally known at the railway sheds that complainant's husband had left her. Mrs Paton, called, stated that she was keeping house for. defendant. On the night of the 9th January (club night), she waited up for defendant, who came home at twenty minutes to twelve o'clock. He was very much the worse for liquor, and shortly after he had been in the house he got up and went up the garden. He returned in a few moments with his right hand cut, and bleeding very much. Ther£ «l a number of bottles at the back of the yard at the other side of a small ditch, and he told her he had fallen among the bottles. Witness washed the blood away, and bound up the wound. She afterwards put him to bed, and was certain he did not leave the house again that night, She knew what the time was when defendant got home, as she looked at the clock, and it was always kept correct, as the defendant worked at the railway. Defendant called, gave evidence as far as lie remembered of being seen home that night by Cockeran, and as to cutting his hand among the bottles. The last witness tolcl him he had come home the previous night at twenty minutes to twelve. Thomas Braithwaite gave evidence of having a drink with defendant at the Caversham. Defendant and Cockeran left them at that corner and the two went down the Ferry road together. Defendant was tipsy and staggering, and Cockerin had hold of him by the arm. It was past eleven o'clock at this time. In cross examination witness said that he knew Mrs Bryan lived about 200 or 300 yards from the Caversham corner. Defendant and Cockeran were not going in the direction of her house, nor did witness go there that night It was well known in the engine sheds that Mrs Bryan was living away compulsory at present from her husband, as he had been an employe on the railway and was now suffering for some misconduct committed at Ashburton. Other corroborative evidence was given, and after Mr Thomas had reviewed the evidence at length, his Worship said in point of fact the only direct evidence as to the defendant's innocence was that given by his housekeeper and himself, as the other men, from thenown statements, had left him some little time before the occurrence took place. By the evidence of the complainant the assault was committed at half-past eleven, and it was perfectly possible that defendant might have been there at or about the time stated by her. Whether the evidence of the other witnesses was true or not did not affect the case. Defendant had been seen going in the direction of complainant's house, and it was quite possible he might have been there as stated, and the conduct of the man who committed the assault was more like that of a drunken man than any other. Complainant had positively identified defendant as the man, and then there was, to say the least of it the extraordinary coincidence of the cut hand She had stated that she cut the man's hand, and the cuts on defendant's hand were exactly those that would be inflicted by a downward stroke if the hand were being held up at the time, and it was known that women, when striking, invariable struck downwards, and the cuts on the man's hand, as seen in Court, hid leen inflicted by a stroke given in the direction alluded to. In his (his Worship's) mind, there could not be a shadow of a doubt but that defendant was the man. If the night had been dark, there might have been some dmbt, but as it was not so, and the circumitautial evidence being so strong, convinced him that defendant had been guilty of this assault. The evidence of defendant's housekeeper was no doubt interested, but the other witnesses had given their evidence in a very fair manner. Mr Thomas here pointed out that it would have been a physical impossibility for a drunken man to have returned from where he was left by Cockeran, into Christchurch, joined with four other men, and gone to complainant's honse at the time the assault was stated to have been committed. His Worship said that had the whole of the evidence been circumstantial, there might be some doubt in his mind ; but defendant having been so positively identified by the complainant, made the direction of the cuts on the hand str nger circumstantial evidence. Accused told his Worship that ho had beeu pointed out to complainant a few days ago in that Court, and she then hid an opportunity of seeing the direction of tlie cuts ou his band. Mr Thomas asked whethertlie.se cuts could uwt have been caused in a similar direction by the glass bottles, which, it had boon shown, be fell amongst that night. I lis Worship said he was certain accused was guilty, and he would be sentenced to th:ee months' imprisonment with hard labor. Ml Thomas a?ked whether the option of a fi )- would nnt be allowed, as the man hid already Buffered by losing his situation. Hi* Worship Baid certainly not. A man whr went to a woman's house at that hour of in night, knowing her husband was away from her for tae time, and acted in the mannei accused bad done, deserved to be puuished. Pawnbbokek's License.—a. renewal oi his licence was granted to Isaac Herman, High street.

LYTTivLT"i\. Tuksdav, Januart 23. [Before W. Donald, Esq., K.M.] Drunk aNNßsa Jnarles athwart, airesied bycoastabe Joins jo, was fined 10s, or in default 48 hours,

Vagrancy.—Thoraaß Carroll, arrested by constable Bullen for sleeping in a shed on Peacnck's Wharf, was sentenced to one week's imprisonment with bard labour.

rTOWAWAYS.— E. Patard and Adolphe Oarlson wern charped with this offance by laptain Rnghes, of fh<> Mary Adu Annison. Hi-, charge was withdrawn. The «a?re persons were charge! with de-ertio,', Edward Pittard by ihe chhf officer of the Cardigan Castle, and Adolphe Carlson, by the captain of the Schiehallion. Tin former wai remanded for the captain to appear, and the latter was sentenced to eight week'*' imprisonment v ifch hnrd Hbour. .Absent Without Leave. —John Bam, charged by Paiker, of the Lanf?atone, with this offence, was sentenced to 48 hours' imprisonment. Breach op the Pea.ce.—Wm. Salt and Edward O'Neil were charged with fishtiug on the railway premipes. Constable Bullen gave evidence. Accused were fined 10s each and costs.

Abusiye LANGUAGE.—Catherine Kelly was charged by Mary Mutton with using the most diogusting language on the 17th. This was a neighbor's quarrel about a dog. The evidence showed language was used of a nature utterly disgusting. Sergeant-Major O'Grady staged that there were continual quarrels in that part of Lytfelton where complainant and accused resided, and thi t the police were always being called in, very bad language was used, and it all precseded from drink. The Bench after a severe caution dismissed the case.