MAGISTRATES’ COURTS.

Globe, Volume IX, Issue 1296, 15 May 1878, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Tuesday, May 14. [Before Q-. L. Mellish, Esq., R.M., and Dr. Coward, J.P.] Wounding with Intent.— Samuel Badham was charged with wounding Sergeant Hughes, with intent to do him grievous bodily harm. Mr Thomas appeared for prisoner. Edward Hughes, sergeant of police, deposed —I arrested the prisoner at his house on Wednesday, the Bth inst., at 6.15 p.m. On going to the house I saw Mrs Badham at the door. She answered my knock. I asked if her husband was in. She said “ No.” [Mrs Badham —“ Not to you.”] I told her I could see him inside. He was sitting at a table. I went in and told Badham that I had come to arrest him on a warrant issued about the 15th July, 1876, for wife desertion. He replied—- “ It is a lie. You have no warrant for me,” and threatened that if I did not leave the house he would do for me as they did in America, by letting my g out. I said, “ I’ll wait till you’ve done your supper, and then you had better come on quietly.” Mrs Badham then took the poker and put it up several times in my face. Prisoner was then standing opposite the fireplace, with this knife open in his hand. I then put my hand on his shoulder and said, “Come on, I arrest you.” He then made a slashing cut at me with the knife, and caught me on the jumper on the hip joint. It touched my flesh, and made a wound three and a half inches long by an eighth of an inch deep a little above the hip joint. He made other cuts at me, and cut me in the belly, a slight scratch two inches below the navel. I (hen got him fast by the wrist and arm. I called for assistance from some persons who were standing outside. Prisoner moved the knife from his right to his left hand, and threw it down on the floor. Several persons came to my assistance. George Hyde and Alfred White were among them. I pointed out the knife, and they picked it up from the floor. To the best of my belief, the prisoner then said he would serve one of them the same as me. I brought him to the police-station. I have had the wound examined by Dr. Coward, and have since been under his care. The knife produced is the one he stabbed me with. He was not eating his supper with it. He might have been cutting tobacco, but I did not see him. The warrant produced is that upon which I arrested him. To Mr Thomas—l had not that warrant when I arrested prisoner. I was on duty. I am not confined to my beat. I was not looking for Badham specially. I had seen Mrs Badham at the house on the previous Saturday, and asked her to come down and withdraw the warrant. I believed her husband was living with her. That was the reason I asked her to withdraw the warrant. I had heard that Badham had returned from America, but had not seen him. I know Smart’s contract, but did not know he was on that. I never saw him with the City Council men. Prisoner asked me to show the warrant, I said I had not it with me, but would show it to him at the police station. I did not go for the warrant because Badham might have gone before I got back. I believe that he would have gone had I left without arresting him. He offered me no violence until I laid my hands upon him. He swore several times at me. I had been repeatedly ordered out of the house by both Badham and his wife. Badham did not say he would go with me if I showed him the warrant, I believe I am a stronger man than prisoner three times. I was not going away whhout arresting him. He made a slashing cut first, and then a stab. I can’t say I had hold of him; I may have had at that time. He was a groat deal excited, and his wife was helping to excite him. I know him to be a very excitable man. To Inspector Hickson—He asked me for the warrant shortly before I was stabbed, and previous to my formally arresting him. He threatened to let my g out previous to my arresting him. When he threatened the other man the knife was either on the floor or in his left hand. Dr. Coward deposed—l saw Sergeant Hughes on the evening of the Bth instant. I examined him. His clothes were much cut. There was an incised wound on his left buttock three and a half inches long ,- it had bled a good deal. The next morning I saw him again and found a small punctured wound in the abdomen. The wounds might have been inflicted by the knife produced. The punctured wound was just deep enough to say it was a punctured wound. The hole in the shirt corresponded with the wound. To Mr Thomas—The punctured wound had bled, but on the evening he had not complained of it, only of the larger wound. They were not of a dangerous character. Alfred John White, residing next door to prisoner, had heard a woman calling out “ Clear out of the house.” Ho ran round to the front and saw Sergeant Hughes talking to prisoner, who had a table knife—he did not think it was a pocket knife—in his hand. Prisoner asked Sergeant Hughes to show the warrant. Hughes said he would when he got to the Police station. The witness confirmed the evidence of Sergeant Hughes. To Mr Thomas—Prisoner was not trying to get away from the sergeant when (hey came to the door. He was at another time. Mrs Badham’s hand was badly cut. I did not see that clone. The door was closed while I Hok Mrs Badham to get lier hand bound up. I could hear a violent struggle going on all the time. When 1 got; back Hughes complained of having been stabbed. When Hughes was with Badham at the door the sergeant was trying to drag him out into the street. Prisoner had neither hat nor boots on. The sergeant complained of being stabbed before i took the wife away. Sergeant Hughes might have gone away, but, he went in again to get a better bold. George Hyde, tailor, Madras street, gave similar ev deuce. When he went to assist Seigeaiit Hughes prisoner said “ You have come to assist, I’ll serve you the same way. I’ll give you a stab.” Prisoner could not possibly do it, us he was too firmly held. Mr Thomas asked the Bench to deal with the ease summarily. The Bench said the question of intent wag a diflSculty in the way. Mr Thomas could show that Sergeant Hughe*,

tot haying the warrant, was in the position of a common trespasser, and therefore prisoner was justified in resisting arrest. He read cases to prone his contention. Mr Thomas addressed the Bench at. considerable length, but was interrupted by the Bench, who expressed a wish to have the point raised decided by a higher Court. Mr Thomas pointed out the hardship which the prisoner end his wife would sustain were the case remitted to the Supreme Court, as the prisoner could not obtain bail. His Worship then consented to read the cases quoted and allow the case to stand over till Friday. He also consented to take bail—two sureties in £2O each.

Valueless Cheques. —David Wright was charged with obtaining money and goods by means of valueless cheques. John E. Bashford, confectioner, deposed that he had a booth on the racecourse on the 22nd and 23rd April. On the last-named day prisoner came to witness’s booth and asked him to cash a cheque. Witness refused to do so on the racecourse, Prisoner said the cheque was for ten guineas, and produced a cheque for that amount. The cheque produced in Court was the same. Prisoner said “ You know me, I am in the police.” Witness noticed that the cheque was not drawn out in a proper manner. Prisoner said it did not matter, and that he bad an account at the bank on which the cheque was drawn. Prisoner asked for part of the amount, saying he would call at witness’s shop for the balance. Mrs Percival, who was sewing for witness, said she knew prisoner, and witness then changed the cheque tor the full amount in notes, gold, and silver. Prisoner then asked witness to take a drink, but witness refused. Witness presented the cheque on the following Thursday at the Bank of Australasia, when it was marked “No Bicount.” Roger Kelt, licensee of the Albion Hotel, deposed that he had met prisoner on the racecourse. Prisoner asked for a cheque, Witness gave him a blank cheque on the Bank of Australasia, Christchurch. Witness produced the block of the book from which the cheque had been torn. W. D. Perkins, clerk in the Bank of Australasia, Christchurch, deposed to the cheque having been presented. There was no account in the bank with the name signed to it. He did not know the signature. Prisoner declined to ask any questions. George McDonald, billiard marker at the Palace Hotel, deposed that he had on the racecourse received a cheque on the Union Bank from prisoner for £7 10s, and had cashed it. The cheque produced was the same. It was signed E. Cookson. Witness gave prisoner £3, and promised the rest in the evening. Prisoner said he had won a lot of money on the races, and stated that he had an account at the Bank. Witness sent the cheque to the Bank, and it was returned marked “no account.” In the evening of the races prisoner met witness, who said the cheque would be all right in the morning. Prisoner did not call again. J. Ormsby Jones, ledger-keeper in the Union Bank of Australia, Christchurch, deposed that the cheque produced had been presented at the Union Bank, and was returned. There was no account in the Bank to the name signed upon the cheque. Witness did not know the signature, nor did he know the prisoner. Prisoner declined to question any of the witnesses, and was committed to take his trial at the Supreme Court in July. Teansfeb of License. —A transfer of a wine and beer license from J. A. Fitzgerald to William Rogers was granted for Sydenham House, Sydenham.

Wbdkksday. May 15. rßefore G. L. Mellish, Eaq., 8.M., and G-, L. Lee, Esq., J.B] Cattle Wandering.— Robert Beattie, for allowing a horse to wander in Durham street, whs fined ss. Criminal Assault. — James Woodfo d was charged with committing a crime of the above nature on a girl between the age of ten and twelve. The Court was cleared during the hearing of this case, Hie evidence in wh ch is unfit tor publication. Mr Joynt appeared to watch the case for the prisoner. The evidence of the little girl, of Dr. Ned will, of the little girl’s father, of Mr Loughrey, and of Detective Benjimin was taken. MrJoynt declined to question any of the witnesses. After the evidence had oeen read over, the Bench read the usual caution and asked the prisoner if he had anything to say. He replied nothing, and was then committed to take his trial at the next sessions of the Supreme Court at Christchurch. Bail was allowed, himself in £2OO and two sureties in £IOO each.