MAGISTRATES’ COURTS.

Globe, Volume IX, Issue 1300, 20 May 1878, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, May 20. [Before G. L. Meß’sh, Esq., R.M.] Ducnk and Disoudekly. —l'hrec first offenders were fined severally ss. George Craw, against whom a list of previous convictions was handed to the Bench by the inspector, was fined 10s. Henry Barker, wtio also laid previous convictions recorded against him, was fined 10s Obscene Language. Elizabeth MeQinnagle, Bridget Forricfc, and John Sheppard, wore charged witli using obscene language whilst intoxicated. The first, who appeared to be of weak intellect, was dismissed with a caution, the second was fined 40s, the last, having assaulted a constable, was fined 10s and 40s. Attempting to Commit Suicide. —Robt. Heffty Joking wm charged witb

elf murder, and was remanded till to-morrow to Kaiapoi, where the offence was said to have een committed. Valueless Cheque, John McKenzie was chargad with uttering a valueless cheque. J. Wagner proved that prisoner had been lodging at his hotel. On W ednesday last prisoner received a cheque for £25 from Oamaru. On that evening he asked for his account, promising a cheque for the amount, as he had paid in the £25 cheque to the National Bank, in Christchurch. He said that he had drawn £lO, and had £ls left in the Bank. Prisoner—“ I deny having said that.” Witness cautioned prisoner not to give a cheque unless the money for it was in the Bank. Prisoner assured witness that it was correct, and asked for a blank cheque. Witness gave him a form, and, at his request, filled it up for £5 12s 6d. Prisoner signed it, and said, “Mr Wagner, if that cheque is not paid von may lock me up,” at the same time handing witness the cheque. Witness gave prisoner 5s cash, as the account was that much less than the amount of the cheque. Prisoner went away, saying he would return in about half-an-hour. He did not return. Witness presented the cheque on Saturday morning. It was marked “no account,” and the Bank denied all knowledge of prisoner. Frank Holland, waiter at Wagner’s Hotel, confirmed the evidence of the last witness. To Prisoner—“ You had been drinking.’ ’ To Inspector Hickson—“He spoke reasonably enough; he had been drinking a good deal. Louis Gibson deposed to the cheque having been presented at the National Bank and marked “no account.” Prisoner never had an account. Prisoner in defence said that Mr Wagner knew that all his money came from Oamaru. He (prisoner) was drunk when he signed the cheque, which he thought was an order on his guardian at Oamaru. He went on to accuse Mr Wagner of having taken off hia coat and threatened violence if the account was not paid. The Bench sentenced prisoner to one month’s imprisonment with hard labor. Wandering Cattle, &o.—James Mason, W. J. White, John Tetley, Cornelius O’Connor, W. Ormandy, John Miller, Samuel Taylor, Henry Bland, Patrick Howard, Thomas Heyton, and W. Harris were charged with various offences in the matter of horses and cows at large within the city boundaries. They wore fined 5s each with the exception of Thomas Heyton who was fined 10s. Ceuelty to a House. —Charles lumber was charged) with wantonly hurting a horse on the Bth May in Manchester street. Defendant admitted the charge, but said that the animal was “ green out of the paddock, and would have come down to his work in a few days,” The Bench said the evidence showed that the horse had been shamfully ill-used, and fined defendant 40s. Unlicensed Deitee. —Charles Hicks was charged with driving without a license. He admitted the offence, but pleaded that he had been driving out of town for a long time, and drove in town thinking that he did not require any permission. Ho was fined 10s. Public-house Obdinancb.- Rowland P. mil was charged with selling and supplying liquor on Sunday, May 12th. He was fined £5. W. R. Smith was charged with haying no lamp alight on his licensed premises. He was fined ss. Peter Pryde was charged with selling liquor without a license upon April 14th and 20th. The offences were alleged to have been committed on the promises known as Rankin’s Store, at the Railway crossing, Addington. Mr Thomas appeared for defendant. A witness, named Barton, who had given the information, did not appear when called. Inspector Hickson applied for u warrant for Ms arrest, and it was ordered to be issued. Another witness, who was expected to corroborate the evidence of the informant, denied having ever been served with liquor by defendant. The case was remanded for the appearance of Barton, Affiliation. —Ellen Gregg charged Wm. Maclean with neglecting to provide for his illegitimate child. Mr Thomas appeared for defendant. Maintenance Oedee.— Caroline Lipsham applied for a maintenance order against her husband on the ground of his failing to support her, and being guilty of cruelty to her. Mr Joynt appeared for defendant. Mrs Lipsham gave evidence, and in crossexamination said that her husband had kicked her and the butcher outside of her house. It wm not true that she had behaved improperly. She had not returned to her house since. All she wanted was protection of her life and earnings. Defendant went into the witness box and deposed to acts of impropriety on the part of the complainant. The Bench declined to make an order. Assault.—' William Mulholland was charged with having assaulted David Douglas, ranger for the Acclimatisation Society. Mr Harper appeared for complainant; Mr Thomas for defendant. Complainant deposed to the assault having taken place at the Sawyers’ Arms. It was quite unprovoked. To Mr Thomas—l have never tasted drink for fifteen years. Defendant might have been worse for drink. I was assaulted by another man at the same time, but “ I took it out of him, I could have taken it out of defendant hut he cleared out. Several witnesses gave evidence on either side. Defendant was fined 10s, and ordered to pay costs.

LYTTELTON. Satueday, May 18. [Before \Y. Donald, Esq., 8.M., and H. R. Webb and J. T. Rouse, Esqa., J.P’s.] Assault. —John McOregor, a seaman belonging to the ship Himalaya, was charged by Captain Williams with the above offence. The captain gave evidence that on Eriday morning he accused prisoner of embezzlement of cargo, and gave him in charge to the police, on which accused struck him and the mate also. The Bench sentenced accused to one month's imprisonment with hard labor. Embezzlement op Cabgo —John McGregor was further charged _ with this offence. Erom the evidence it appeared that on Thursday night or Eriday morning accused had broken open a case of brandy and taken the contents. When he was found on the Eriday morning he was very drunk. The police stated that the night watchman who was aboard had not been seen since 3 a.m. on Eriday morning, when he was much intoxicated. It was supposed he was drowned, and the police were searching for the body. The case was remanded. Wounding with Intent,— William Norman and Louis Evoldt, seamen belonging to the ship Waikato, wore accused of maliciously wounding Osten Ostenson, another seaman belonging to the same vessel on the 16th inst. Detective Smith, sworn, said I arrested accused aboard the ship Waikato yesterday. I found them aboard working. I read the warrant to them, and Norman said, “ I had no knife; this is the only knife that I have,” producing a knife out of his pocket. [Knife produced.] Evoldt said, “ I know nothing at all about it, I used no knife to him.” When Norman took the knife out of his pocket, Ostensen, the prosecutor, who was standing bv immediately said, “ That is the knife that you cut me with.” I took possession of the clothes prosecutor wore when he was wounded. They consist of a blue guernsey, under ilannel, and Crimean shirt; there is a out through the left shoulder of all three; the cuts correspond. Prosecutor had a cut under ■the shoulder, and also a deep cut on the left side of the neck, The shirt and under shirt were stained with blood about the cuts. Constable Moulray said, I was present when accused were arrested. Afterwards the chief - odicer, Mr Best, called me and gave me a kuifo. [Knife produced.] When ho gave me the knife he showed me something on the blade he thought was blood. Norman was standin" by, but the other prisoner was not, within "hearing. I afterwards came forward when both the prisoners were present, and said to the prosecutor showing him the knife given to me by Mr Best, “ Is this what you were stabbed with? Prosecutor said “ Yes ? r Jhis ,is the knife Norman cut me with.” Norman denied distinctly using the knife at all, Bv prisoner Evoldt—Mr Best, the chief officer, did not say the knife belonged to you. Often Ostenson, sworn, said —I am an A.B. at card the Waikato. I know the prisoners. They are my shipmates. I was ashore on Thursday and left the British at cloven o’clock. I was alone when I left the British, but when I got through the railway gates, and was going towards tho Gladstone Pier, I overtook the ■prisoners, Johnson, nud another faau named

Evoldf, about tbo gaswoi’ks. Johnson said to me, “ Do you want to fight me,” and I said “ Yes, I don’t mind who,l fight as long as I get fair play.” Johnson and myself then began fighting, hut before we started I took out my knife and gave it to prisoner Evoldt. I had no. coat on, and Johnson took off his. Whilst we wore fighting wo both fell down ; I was on my knees, and Johnson was in a stooping position over mo. Norman came down to me and said, “You dirty son of a h , I’ll cut your throat.” lie had a black-handled small knife in his hand ; he opened the big blade and cut mo in the left side of my neck. This was whilst I was on my knees. Louis Evoldt also came up whilst I was still on my knees, and said, “ Yon dirty Dutch cow, I’ll rip your g up.” He then stabbed me in the left shoulder with my own knife which I had given him to hold before the fight. He stabbed me in the hack of the shoulder. Before he cut mo I saw the knife open in his hand. I felt the pain of the cut, and told Johnson I would give in, as I could not fight after I was wounded. I was wearing the clothes produced, and the cuts in them were made at the time. Evoldt ran away as soon as he cut me, and I ran after him with stones. He came back, and I took the knife which was still in his ’hand from him, saying “ You shall not cut me any more.” After I was wounded I told prisoners, and they both denied having cut me. I went aboard and reported to the watchman I was cut, and he took me into the forecastle and looked at me. When the other men came aboard Evoldt called me a foul name and wanted to fight me. I declined, and the quarter-master came and took mo aft to the mate, and he sent me to Dr. Rouse, who dressed the wounds. When I got aboard the third mate asked me if I had got my knife, I said “yes,” and gave it him. About ten days ago I had a quarrel with Henry Evoldt in the forecastle. I was quite sober when the fight took place. I had only had a glass of lemonade, a glass of brandy, and two glasses of shandy-gaff that night. Norman was drunk, and Evoldt was the worse for liquor, but not very drunk. Adolf Johnson, A.B. ahoird the Waikato, deposed—l remember being ashore on Thursday night. I left the Lyttelton Hotel in company with the two prisoners and Thomas Evoldt at 11 p.m. We went along the wharf towards the Gladstone Pier, and near the gasworks Ostenson, the prosecutor, walked past ns. Henry Evoldt and myself wore talking about a row between prosecutor and Evoldt, which had occurred about a week ago in the forecastle. Ostenson then stopped, waited till we came up, and said I was sticking up for Henry Evoldt, and I said he was a d d liar. Ostenson then hit me in the eye, I struck him back, and we commenced to fight, I did not ask him if he had any knife on him. Ostenson was in his guernsey, but I had a coat on, which I took off after the first blow. We had a couple of rounds and fell down several times. When Ostenson was on his knees accused (Norman) said he would cut his throat. After the first round Ostenson put his hand into his pocket. I thought he was going to pull out a knife and said to him “ Eight fair.” He then took out the knife and gave it to prisoner Evoldt, saying “ Here Louis, take this,” When Norman said he would cut prosecutor’s throat he struck him ; he had [something in his hand, but I do not know what it was. After prosecutor gave Evoldt the knife ho and I fought again. We again fell and Louis Evoldt came up and said he would rip prosecutor up. Ho then struck Ostenson in the back, but I do not know what was in his hand. I did not see any cut on prosecutor before accused (Evoldt) struck him. After Evoldt struck OstcnsoYhe ran to the gasworks with Ostenson after him. Ostenson came back and wo had another round. When Ostenson ran after Evoldt, Evoldt had the knife in his hand. Ostenson showed me the wound in his neck. I saw Norman with a knife at the Lyttelton Hotel; the knife produced was the one handed to Evoldt when we were fighting, I had a knife in my pocket whilst we were fighting. Crossexamined by Norman —I did not draw my knife when I fought. Dr. Rouse sworn, said —At half-past twelve yesterday morning prosecutor was brought to my surgery by one of the officers of the Waikato. On examination I found a wound on the left side of the neck, commencing below the ear, carried forward towards the front of the throat in length about three inches and a half. The commencement of the wound under the ear had the character of a stab, and was from half to five-eighths of an inch deep ; the rest was a drawn cut, dividing the skin and fat, and about a quarter of an inch deep. On the back of the left shoulder was a simple stab. It was about half an inch deep, and rather more than half an inch m width. The wound in the neck I considered at once to be inflicted by a pointed cutting instrument. It might have been caused by the knife A. The wound in the shoulder was probably done by a knife not so pointed. It might have been done by the knife A, but was more likely caused by the knife marked B. The cuts in the clothes corresponded with those on the back of the prisoner. Neither of the wounds are dangerous, but the one in the neck was in close proximity to the jugular vein, and had it been a little deeper would have been of a most serious character. Henry Evoldt, a seaman aboard the Waikato, said—l was ashore on Thursday night last with Norman. I left the town to go aboard the ship about 11 p.m. that night, with Johnson and the two prisoners. When we came to the Q-asworks Johnson and I were on one side of the fence and the two prisoners on the other. I saw the fight between Johnson and Ostensen, but did not notice particularly what was done. I did not know Ostenson was stabbed till I got aboard. I was very drunk that night. I had been drinking beer and rum. I know the knife marked A is Norman’s, but I do not know the one marked B. This concluded the evidence. In defence, Norman said that he might have used the dirty words, but had not stabbed prosecutor. Louis Evoldt made a long and rambling statement, denying having committed the offence, stating that Johnson had an open knife in his hand whilst fighting with prosecutor, and must have inflicted the wounds. The Bench said the offence was fully proved, and decided to deal with the matter summarily, sentencing both prisoners to seven weeks’ imprisonment, with hard labour. Breach of the Prisons’ Act. —Mrs M. A. Blackmore and Mrs Tudball were charged with a breach of the Prisons’ Act, 1873, in soliciting a warder on duty to convey to prisoner Tudball, lately'convicted and sentenced to four years’ penal servitude, a letter in a clandestine manner. The Bench strongly commented on the case, and decided that on no pretence was Mrs Blackmore to again enter the prison gates, and that Mrs Tudball, who had endeavored to have a book conveyed to her husband, should not be allowed to visit him for the space of three months from date. LYTTELTON. Monday, May 20. [Before W. Donald, Esq,, R.M.] Refusal of Duty.— Richard Ryan, W. Sweeny, G. Eorder, G. L nwin, J. Nelson, and A. Canbew, A.B.’s belonging to the Alhambra, were sentenced to six weeks’ imprisonment for refusing to do duty after li living Vi cllington. Laeceny.-—J. Brooks, on remand Irom Christchurch, was charged with the larceny of n chain from Charles Boyd, at Lyttelton, Detec ive Smith deposed to receiving the chain produced from Anno Brown, housemaid at the Albion- The prosecutor, Boyd, had complained to him of losing a gold chain. Charles Boyd deposed to missing the chain produced, which had been in his bedroom, and giving information to the police. Yalued it at £7 10s. Eliza Eaton, who resides near the prosecutor, deposed to seeing prisoner talking to Mrs Boyd about February 25th. They were at the gate. Annie Brown deposed that prisoner was lodging at the Albion about three months ago. He made her a present of the chain produced. She afterwards gave it to the detective. The prisoner stated ho had seen Mrs Boyd in front of the Albion Hotel, and lent her some money. On Feb. 25th, he saw Mrs Boyd at her house, and she said she could not repay him, hut if ho gave her some more she would give him a chain. Ho consented to this, and in that manner got the chain produced. The police said that Mrs Boyd was too ill to attend the Court. The Bench remanded the pujje till Tuesday at 11 a.m,