MAGISTRATES’ COURTS.

Globe, Volume IX, Issue 1354, 17 June 1878, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, June 17. [Before his Worship the Mayor and J. P. Jameson and G. L. Lee, Esqs., J.P.’s.]

Drunkenness. John McGinn, against whom a previous conviction was alleged, was fined 10s and ordered to pay Is cab hire, Peter Thompson, against whom a number of previous convictions had been recorded, the latest twelve months ago, was fined ss, Obstructing Footpath. —J. O. Sheppard was charged with obstructing a footpath. He did not appear, and was fined 10s. Cattle Wandering.- -For this offence, Edward Campbell, John Dolan, W. J. Woodford, and Benjamin Gahagan, were fined 5s each.

Threatening Language, &c. Pat Howard was charged with using threatening language and obstructing a constable in the execution of his duty. The offences were proved. He was fined ss, Driving Fast Round Corners. —David Cuff, Frederick Dillon, Samuel Thomas, Henry B. Lane, Samuel Lacy, James Hunter, P. Howard, James Gent, Samuel Kilpatrick, Hugh Wilson, Frederick Simmons, Henry Turkintou, Alfred Wilson, William Brooker, Francis Harris, John Yellop, Alick Bird, John Redpath, Thomas Stout, Thomas Gee, John Murphy, Thomas Davenport, Patrick Howard, Thomas Blanchard, George Smith, and James Walls, were find 5s each for trotting, and George Sheppard was fined 10s for galloping round corners. An information against Thomas Wottiu was dismissed, in consequence of an error in it. Driving on the Wrong Side.— John Kerr was charged with driving on the wrong side of the road. Mr Thomas appeared for him. Lawrence Ledwidge, employed by Mr Philpott, of St. Albans deposed—As I was coming towards the city near Collins’ Hotel, in Hei'eford street, I saw a trap coming from Colombo street. I called out. John Kerr and another man were in the cart; I could not say who was driving. He ran his left shaft into my horse’s right side. I was on my side of the road, off the crown. To Mr Thomas—l was coming from th*e East belt. The last house I had called at was Ely House. The next place I should have called at would have been homo. It was not dark, but I did not notice defendant till he was five or six yards off. He was not on his own side. I can’t say that he was trying to go to his own

side. My horse, after it was struck, went not more than a foot towards my side of therpad. The shaft did not remain in my horse till the traps had changed places. I leaped out behind. lam sure I saw defendant coming. Re-examined—l was going at not much more than a walking pace. Defendant was going at a trot. H. D. Manning deposed that he had seen the two carts, one going slowly, the other fast. After the collision had taken place witness saw that the last witness was a yard and a half on his side of the crown of the road. To Mr Thomas —I believe a cab came up, but that did not affect the track of the cart wheels. The blood would not flow till the shaft was taken out. It struck me at the time that Mr Kerr was going too fast. He has a nice mare, Thomas Aldrige deposed that, in his opinion, Mr Philpott’s boy was 15ft from the kerb. Defendant was 28ft from the kerb. The blood would flow, in witness’s opinion, as soon as the shaft entered the horse’s side. To Mr Thomas—l measured the distance within three minutes after the accident. Mr Kerr was 28ft from

the left kerb, going towards the East bedt. I can’t say which wheel was 28ft from the kerb. Sergeant Hughes gave similar evidence as to the positions of the cart shown by the tracks of the wheels. To the Bench—The width of the roadway is 46ft. For the defence Mr Thomas called Mr Kerr, who deposed that Mr Duncan was in the cart with him. His horse was trotting, not crawling. Ho was on his own side of the road. At about a chain from Collins’s Hotel ho saw a cart which was as near wit ness’s side of the road as he w r as himself. A collision took place, and witness’s horse pushed the other into the middle of the street. To Inspector Hickson— I may have been travelling at about seven

miles an hour. I said to some onp that the collision was caused by my pulling the wrong rein. To Mr Thomas —The reason I did so was because I did not think I could pass on my right side. To Inspector Hickson—-

1 made it Sift. from the north kerb to my near wheel where the collision occurred. I measured it at once with my own boot. To Mr Thomas-Two or three cabs came up. I don’t think they turned The tracks of the wheels would be obliterated by the cab wheels. Inspector Hickson asked if defendant had offered to compromise the matter. Mr Thomas objected to the question, as the answer would affect a civil action likely to be taken. Mr Hickson did not press his question. Peter Duncan deposed that he had been in the cart with defendant. He considered that the cart was about nine feet from the north kerb. The other cart must have been on its wrong side. Witness had an idea that it was coming from Mr Simpson’s door. Mr Manning was recalled by the Bench, and stated ttuiu he had traced the marks of the wheels. Before the collision took place Ledwidge was on Ins right side of the road. That was about thirty-five yards from the corner of Latimer square. Theßench considered the evidence so conflicting that they could not decide whether the parties were on their right sides or not. They accordingly dismissed the case. Destitute Persons Belief Act. James Johnson was charged with neglecting to contribute to the support of his three children in the Industrial School. The children had been sent from Timaru. Defendant pleaded that no application had been made to him. Ho was ordered to pay 15s a week.

LYTTELTON. Monday, June 17. [Before W. Donald, Esq., R.M.] Drunkenness and Assaulting- the Police.—Alfred Opie was accused of this offence. Mr H. Nalder appeared for the defence. Constable Sullen stated that accused was arrested on Saturday night by Constable Hewitt and himself. Another constable named Marooney was standing close by. He was in plain clothes. Hewitt called upon him to assist, and Marooney did so. Prisoner resisted, and the crowd were troublesome, and witness was afraid a rescue would be attempted. He had not seen prisoner struck violently in the face by constable Marooney. Sergeant-major O’Grady said that he had taken the proper steps to have the matter investigated fully. He had hoard from respectable townspeople that Marooney had struck accused in the face with a pair of handcuffs, and the matter had been brought before the proper authorities. The following evidence was then taken: Constable Bullen sworn, said—At 11.5 p.m. on Saturday a hoy said the police were wanted at Mr Woods’s Lyttelton Hotel. In company with Const ibles Hewitt and Marooney I went and saw another man hit prisoner, and he fell into the right-of-way. We went in to clear the house; there were a great, number inside. We came out again and saw prisoner swearing and shaping. I advised him to go aboard, thinking he was a sailor. He and others went on towards Parsons. Mr Woods came for us again, and we cleared the house, and then went to Mr Parsons’s and found accused near the side door of the Royal Hotel. He had a mate who was trying to keep him from going back to the Lyttelton Hotel; he fell on the ground, and we then went up to him again, and told him to go aboard. He took a muffler off, smashed it on the ground, and assaulted Constable Hewitt. He was then arrested, but he resisted violently. Constable Marooney assisted in taking prisoner to the lock-up. Marooney and Hewitt took the prisoner, and I kept behind to keep the crowd back, as I was afraid they would attempt to rescue the prisoner. Several in the crowd said he should not be locked up. Prisoner was not bleeding from the fall when arrested, hut was soon afterwards. By Mr Nalder—The night was fine and clear. I could have seen whether a person’s face was cut. or not. Constable Hewitt pushed accused down before he arrested him. He was dragged along when ho was arrested —I cannot Bay if on his face or back. He was dragged by his arms by Constables Hewitt and °Marooney; the reason was he resisted violently. Accused was dragged some fire or six yards. He then got up and walked to the station. The crowd seemed to wish to rescue prisoner immediately after he was arrested. I did not see any one strike prisoner. Mr Hildyard came up and spoke to me before the crowd said anything. Mr Hildyard said the man had been struck in the face with irons, and it was a shame. The man did not strike the constable before he pushed him down. Detective Smith sworn, said I did not see prisoner arrested. I saw a crowd at the Lyttelton Hotel, and amongst them were Constables Hewitt and Bullen, and a crowd of forty or fifty people. The constables were ordering the men to go aboard their ships. Shortly after I saw a crowd at Mr Parsons’ Royal Hotel. About five or six yards round (lie corner Constables Bullen, Hewitt, and Marooney had prisoner on the ground, ho was laying there, and they were trying to get him up. I tried to assist to get him up, and found ho was holding Constable Hewitt by the ancle. Several of the crowd made a rush for Marooney, who had Erisoner by the left arm, asking what e was going to do to him. I told them not to attempt to rescue prisoner, and the constables then got him to the lock-up. The crowd threatened me. By Mr Nalder—l did not see the man struck. He was drunk when taken in charge. Ho went quietly to the lockup after he was got up. There was a pool of blood where the prisoner had been down on the footpath. By Bench —Constable Marooney was not on duty. He had come down with a prisoner, and was helping the police, ho was sober. The crowd seemed to think he had no business to interfere. They did not know he was a constable till T told them, W. W. Wood, licensee of the Lyttelton Hotel, deposed Prisoner was drunk and disorderly at his house on Saturday night, and was accused of biting some one. Ho had no blood on his face when he left the house. Mr Hildyard deposed that he knew prisoner, and tried to persuade him to go home on Saturday night. There was a crowd, and accused was trying to get to it; when the two constables came up they told him to go aboard his ship, and pushed him off the pavement into the mud ; accused fell and then got up and squared at the constables, who then arrested him ; they dragged him a dozen yards along the street, and then one of the constables, who was in plain clothes, struck him twice across the face with a pair of handcuffs. lie bled terribly. Several of thp crowd wanted to see his face. I saw it wap a mass of blood. Some of it may have come from the nose. I did not think the man was struck with the handcuffs the first time, but the second time, I was certain from the way accused groaned, as if he had a very heavy blow. The constables were quite justified in arresting the man, and tried to get him to go aboard. The police gave him every chance. The man said he had been robbed of £3 10s, that w T as what made him anxious to get buck to tho crowd. Accused was fined 10s for being drunk, the charge for assaulting tho police being dismissed. Mr Nalder intimated further proceedings would be taken. Transfer of License.— The license of the British Hotel was transferred from J. Baldwin to J. 0. Earquharson.