MAGISTRATES’ COURTS.

Globe, Volume VIII, Issue 848, 13 March 1877, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, March 12,

(Before G. L. Mellish, Esq, R.M., Dr Deamer, and W. H. Pilliett, Esqs, J. P. ’a.) THE POOLBY CASE.

Maliciously Injuring Private Property.—Edward Pooley and Richard Bramhall appeared to answer the charge of having maliciously injured private property, above the value of £5, belonging to Ralph Donkin, The same counsel appeared as in the previous case. Mr Joynt told the Bench that the case was brought under the 51st section of the Malicious Injuries to Property Act, for damage done above the value of £5, between the hours of nine o’clock at night and six o’clock the following morning. It was his intention to press for a committal. The following evidence was taken : —Ralph Donkin, prosecutor, called, stated that after the assault on the night of the 28th, Pooley was standing at witness’s door, and said “ I’ll have the b in the morning.” Witness was advised not to sleep at the hotel that night in consequence of the threats made. Witness occupied a single bedroom at the hotel, and went away about nine o’clock, immediately after he had washed his face. In witness’s room there were clothes hanging up, and some plans and tracings at one end of it. The whole of the property was in good condition when witness left the room, Saw them all perfect when he went last to wash his face. Saw them a little after 9 o’clock next morning. Found some of the tracings burnt and put into the chamber. The plana and clothes were torn and strewed about the bed. One plan was wrenched in two. The plans were those of buildings and tracings of surveys, and were useful. The one wrenched in two was a plan of Lyttelton, showing all the ramifications of the water works there. The back of one shirt was torn, two new hats crushed and placed in the washing basin, a pair of black trousers (n'w) -.ver torn and nut int- the oh*mbp»

utensil. Witness did not know of his own knowledge who did all this work. The value of the clothing witness valued at from £35 to £3B, and it would take £6O to replace the plans. They were of that value to witness, as some of them could not be reproduced without actual survey. Witness saw when he went to his room that the door had been forced open, as the catch had been wrenched and the screws loosened. la crossexamination, witness said three complete suits and other clothes had been injured—some torn lengthways and some across. [Clothes produced, all of which were torn as described ] The clothes were hanging up behind the door, the shirt was in the drawers, and the plans in the corner of the room when witness left it. Joseph Watson called, stated that he is barman of the Commercial Hotel, and remembered the night iu question. There was a disturbance that night between Mr Donkin and Pooley. Heard the latter threaten Donkin that he was no gentleman and a swindler, and that he would take it out of him that night. Saw Pooley before the bar that night, but did not see Bramhall about. In cross-examina-tion, witness said that Pooley gave Donkin a thrashing after this threat was used. Eliza Jane Shannon stated that on the 28th of February she was housemaid at the Commercial Hotel. Heard that there had been a disturbance between Mr Pooley and Mr Donkin. Witness was in the room occupied by Mr Donkin about half-past ten o’clock that night. The room looked just as usual, and there was nothing lying about burnt or torn. Witness could not say whether she shut the door when she left it. There was no one about it at the time. Everything in the room seemed to be as usual. In crossexamination the witness said there might have been some clothes on the bed without her noticing them. John Ackerman, waiter at the Commercial, stated that he was walking up and down in front of the hotel between half past ten and ten minutes to eleven o’clock, but nearer to the latter hour. While so engaged witness saw a light in Mr Donkin’s room, and went up stairs to see whether he was cut or hurt. When witness got upstairs he saw Bramhall coming from No 5 (Mr Donkin’s room) towards No 6, and Pooley was coming out of Mr Donkin’s room. Could not say whether either carried a candle, as the two gas lamps burning at each end of the passage threw a light all along it. Witness did not speak to either at that time, nor did they to him. Witness walked straight into No 5 room and saw clothes all over the bed, the drawers turned out, and two hats in the washing basin. There were also some torn clothes on the floor. Witness then went and got a candle and returned to the room. He saw that the clothes lying on the floor were torn, and the others on the bed were lying in a heap. Found the tracing produced under a pair of trousers in the night stool, and the hat produced was on the landing on which the candlesticks are placed at night time. Witness locked the door when he came out of the bedroom, and took the key. Pooley was standing at the door of No 6 (his room), and Pooley spoke to him, and asked him who slept in No 7, pointing to No 6 room. Witness replied that No 7 was in the other direction. Pooley then pointed to No 5 room, and asked who slept there, witness said Mr Donkin. Pooley then said, “ You tell Mr Donkin from me that if he sleeps there to-night he will find himself half dead before morning ’’ Next morning about half-past six o’clock or a quarter to seven when witness went upstairs he saw Pooley hammering at Donkin’s door. He asked whether Donkin had slept there that night, and witness replied not, and opened the door, but before unlocking it, said that some one had been trying to break open the door. Pooley replied, “ I suppose it was some of our boys, as Donkin wouldn’t pay his bet.” Bramhall had come and left with the cricketers. When witness went to the room next morning could see that some one had attempted to force the door open. In the course of cross-examina-tion witness said there was little more than the width of a bed between the doors of No 5 and 6 rooms. Bramhall was only a yard from Pooley when he saw them in the passage. Before calling evidence for the defence, Mr Cowlishaw submitted that there was nothing whatever to connect Bramhall with the offence beyond his having been seen in the passage within a yard from Pooley ; nor had he been seen even speaking to him. Mr Joynt contended that the evidence showed a prima facie case against Bramhall. His Worship said the Bench were not inclined to take the responsibility of disconnecting Bramhall with the offence. Mr Cowlishaw called Thomas Shard alow Sweet, who stated that on the night of the 28th February he was in company with Bramhall from about a quarter to eight to twenty minutes to eleven; Pooley was not with them. Witness left Bramhall in Mr Radcliffe’s office. Mr Rsdcliffe was there at the time. Witness was paying Bramhall for the sale of the cards on the ground, and was with him that night looking for a person who had made up the returns of the match. When witness left Bramhall understood that he had to return to Morton’s Hotel. They had been there once together that night. Arthur Whitely, bookmaker, called , stated that he remembered the evening of 28 th February. Was in the company of Pooley from about halfpast 8 to half-past 10. After sticking some plaster on Pooley’s face after he was cut, they went up town and visited various hotels. When they returned, about half-past 10, they went into the billiard room bar, and after about four or five minutes witness went away and left him there. In crossexamination witness said that it might have been seven or eight yards from Mr Radcliflfe's office where he left Pooley. Charles Alexander, billiard marker at the Commercial, stated that he was so employed on the night of the 2Sth February. Pooley came into the billiard room about half-past ten with another gentleman. Pooley sat down near the right-hand table, and remained until after the house was closed. In cross examination the witness said, as far as he could roughly say, that Pooley remained in the room a long time that night. He noticed him particularly in consequence of the bother. James Hurst called, stated that he saw Bramhall in the bar passage of the hotel about half-past ten o’clock that night, and remained with hiqj until eleven o’clock. He seemed to be going up and down stairs selling groups of ttys cricketers, and wanted witness to buy one. He said that he kept the groups upstairql In cross-examination witness said that Bramhall went upstairs about twice during ihe time they were together, and remained away about five minutes each time. Saw him outside Mr Radcliffe’s office, leaning on the window, but could not say whether he we.it inside Believed that Bramhall brought

down a group of the Eleven each time he went up. Could not say what took bun upstair". J. W. Morton, proprietor of Morton s Hotel, called, stated that on the last night ol the match he rembered Bramhall bemg m his hotel, about ten o’clock. He (c.ramhali) was with a coachman at the time, w f ,n . f witness to buy some photographs of the Eleven. Witness did not approve of the one he saw, and Bramhall said he wo^ d bring others if he could find them He could not say whether the man returned again the same night, but witness got the photographs the next day. Some persons came after the house was closed and were spoken to from an upstairs window This concluded the evidence. Mr owiishaw contended at length that nothing had been shown in any way to connect Bramhall with the offence. Mr Joynt submitted that the evidence of the waiter who had seen the men not a yard from each other after the offence had been committed, was sufficient to connect them together, and held that it would be for a jury to draw the inference whether, considering their business relations to each other, Bramhall was merely walking along the passage at the time to his room. His Worship said the Bench had decided to send the whole case for trial. The evidence having been read over, Bramhall said he was innocent, and knew nothing about the affair. Pooley said he had nothing to say. Both men were fully committed to take their trial at the next criminal sessions of the Supreme Court. On the application of Mr Cowlishaw his Worship said he would fix bail in each case in two sureties to the amount of £IOO each, accused in £2OO each, Mr Joynt asked that he might receive notice of the sureties offered. After a short interval the following bail was accepted For Pooley—Mr J. Hurst, Rakaia Ferry Hotel, Eakaia Gorge ; Mr W. Saddrell, Market Hotel. For Bramhall—Mr J. Hurst, and Mr J. O. Sheppard, White Hart Hotel. The men were then liberated.

Tuesday, March 18. (Before G. L. Lee and 0. R. Blakiston, Esqs, J.P.’s) Drunkenness. —One inebriate, who appeared for the first time, was fined ss. Vagrancy. —Five women, named Wei stead, Bench, Clarke, Connor, and Decide were sentenced, the four first, to six months, and the latter to three months imprisonment. Mr Inspector Feast drew the attention of the Bench to the fact that the houses lived in by these women, situate in Lyttelton street and Colombo road, were perfect dens of infamy. Burglary. —Joseph Kinley, on application of Inspector Buckley, was remanded till Friday. LYTTELTON Tuesday, march 18. (Before H. E. Webb and J. T. Bouse, Esq.’s, J.P’s.) Lunacy from Drink,—James Shelvey, on remand from Ashburton, was fined ‘los &uci costs • Desertion.—John Gray, third officer of the ship Sangitiki, was charged with this offence. Mr H. N. Nalder prosecuted on behalf of the Shipping Company. Accused was sentenced to twelve weeks’ imprisonment with hard labor; his clothes and wages to be forfeited,