MAGISTRATES' COURTS.

Globe, Volume XX, Issue 1380, 18 July 1878, Page 3

MAGISTRATES' COURTS.

CHRISTCHURCH Thursday, July 18. [Before Gh L. Mellish, Esq., R.M.] Deunkenness. William Benfield, who was charged with indecency in addition to drunkenness, was fined 255. Lunacy ebom Dbine.—John Dysart, who had been found lying under a fence at St. Albans on Wednesday night, and was suffering from the effects of drinking, was remanded for a week to Lyttelton for medical treatment.

LYTTELTON. Thubsday, July 18. [Before W. Donald, Esq., R.M.] Labceny.—Hugh Williams, on remand from Tuesday, was charged with above offence. James Pitcaithly deposed that he was in London street near Mr Philp's, on the 15th. He saw a person coming from the direction of Mr Philp's with a an armful of clothes. He was carrying the clothes in a strange way, so witness asked him where he got them. He did not reply, but looked round, and whilst doing so dropped either a waistcoat or a coat, with a ticket on it. He picked it up and went along the street towards Oxford street. He thought the goods were stolen because a large price ticket was on the waistcoat which is never on goods that are purchased. He believed prisoner to be the man he saw carrying the clothes, but would not swear to him. He gave information to Mr Philp. James Gr. S. Snoswell, sworn, said he saw accused on evening of July 15th between the corner of London street and Mr Robinson's shop in Oxford street, going toward Norwich Quay with a bundle of clothes in his arms. He was walking very quickly. He went round towards the Highland Home Told Mr Philp's man| where the man had gone, and then went and told Constable Bullen and went after the man. Constable Bullen went round one side of the Highland Home and ho went round the other and found some clothes and saw accusod standing talking to Mr Agar, near Mr Child's in Donald street, next to Highland Home, about twenty yards from the clothes. Told, accused that the police wanted him. Said to Constable Bullen, in prisoner's presence " That's the man I saw going with the clothes." Accused is the man alluded to. Accused was not drunk. The Bench reserved judgment. The same prisoner was then further charged with the larceny of two coats, value £3 6d from Messrs Brown and Smith, of London street. Mr Smith deposed that there were some tweed coats, &c, hanging outside hie shop on the 15th July. Constable Bullen brought in two coats that evening, which he recognised by a private mark aB the property of the firm. They had not been sold. Con Btable Bullen deposed to finding the coats in question amongst the clothes accused threw down at the Highland Home on the evening of the 15th. After some other witnesses had been examined, prisoner was further accused of the larceny of a coat, valued at 30s, from Wm. Johnston, clothier, London street. Wm. Johnston, sworn, said that on July 15th he had some clothes, principally coats, hanging outside his shop. He missed one that evening. The one produced is the coat that he missed. He valued it at 30a. He never authorised any one to take it. Did not know accused. The Bench sentenced accused to three months' hard labor on each of the two latter charges, viz, Brown and Smith's andW. Johnston's,deal-, ing summarily with them, the larcenies being under £5. Prisoner was further charged with stealing a silver watch and chain, value £5, from Joseph Brown. Detective Smith deposed to seeing prisoner searched on the 15th at the police office. Prisoner had on him the watch and chain produced. Charged accused the following morning with stealing the watch and chain from Joseph Brown. When charged accused made no reply. Joseph Brown, sworn, said he was a dairy farmer living at Little Akaloa. Know prisoner ; last Monday afternoon was in his compmy at the Saxon Hotel. Never saw him before in his

life. They had drinks in the bar. Had the watch and chain on when with prisoner. When lying down in one of the downstairs rooms saw prisoner 3s from his pocket and tried to stop him, but he got away. Did not see him after that till in the police station. He then went upstairs to lie down and only missed the articles next morning. He then found the button-hole of his waistcoat cut, Thomas Pearce, waiter at the hotel, stated that he had seen Brown fall in the diningroom, and afterwards enter the kitchen. He saw accused catch hold of Brown. The police asked for a remand till next day. In answer to the Bench, the prisoner pleaded guilty, and was therefore dealt with summarily. Sentenced to three months' imprisonment in each case —nine months in all.

OXFORD. Wednesday, Judy 17. [Before C. Whitefoord, Esq., R.M., D. Sladden, and J. R. Gorton, J.P.'s.] WIIiFITD MUBDEB. Eguirs Hoff was charged with the wilful murder of his wife, Tekla Hoff, at West Oxford, on July Bth. Inspector Buckley conducted the case. Frank Garlick was sworn, and acted aB Bohemian interpreter. The accused was undefended.

Tho evidence of J. W. Lee, W. Barrett, J. Plachart, J. Megarlick, Sergeant McDonald, M. Horrick, and Dr. Weld was taken, which was the same as that published in our report of the coroner's inquest on July 11th, with the following additional particulars :

John William Lee stated W. Barrett came up to the fire in half an hour, and was at the scene of the fire before the body was removed on the litter. I had not seen accused on that morning. About five months before the fire I was in the house, there was only one apartment in it then. I do not think the accused and his wife were living on very happy terms. I could not say from my own knowledge why they did not live happily. The deceased did not speak at all from the time of my finding her till her removal to the hotel, nor did she seem conscious. I followed the people who were carrying her to the hotel. It would be about throe hours from our first finding her till her arrival at the hotel. I sent for Dr. Weld, and under his directions the deceased was conveyed thither. By Accused—Tho house may have been partly yours, but Barrett bought the timber and said it was his. You helped to fell some of the timber for the building, for which I gave Barrett credit. William Barrett deposed.—l never saw anything by the deceased but what was very kind to accused. I have heard her speak back to him when he spoke rough to her in their language. I have IJseen her raise her hand to strike him, but never saw her take up anything to strike him with. There was a piece of hoop iron (produced) which was used as tongs and poker, and no other iron about the house unless it was the wiro on which the pots were hung, and a small crow bar piece which could not be taken from the chimney. Tho accused was not working on the dny previous. Ho was not in the habit of working constantly, not for some time. The axe, cleaver, tongs, and shingle hammer wore in the house on the morning of tho Bth. When I went out that morning there was a four gallon tin of keros ne in the water closet half a chain from the house. Tho closet was not burned down. After tho fire I snw a kerosene tin in the oiubers of the house (tin produced). This was on the 10th. We only had one korosene tin on tho preniit'o3, which had a small hole in the corner made with a nail. The tin produced with a cut from six to eight

inches in the top, as if made with an axe, is I believe the same. The tin in the closet was not cut in this way. It was nearly full of kerosene on Monday morning. The small American tomahawk was lying near this tin among the embers. The hou-»e stood in a clearing of the bush of nearly three-quarters of an acre. There was bush at the back. The house could be seen to the nearest people, the Langersons and Lee's sawmill, a quarter of a mile distant. Deceased never refused to give her husband food. On the morning of the murder I heard her ask him to have coffee, bread and butter, which ho refused. At the time the gun was broken by me, accused was using abusive language, and called his wife "curvoa," which he told me meant woman of ill-fame. By Accused —The gun broken on a former occasion on the Sunday when accused rushed at his wife, was mine, but I had given it to accused though he had not paid for it. I did not see any iron bar in the house. Accused—Not a piece 3ft. long, 2in. wide, and Jlh thick/ Witness There was a bit of iron there some three weeks ago. The Resident Magistrate—Now be careful. You must tell all you know. Witness—The bar was in the chimney ; it was fastened at one end by a nail. Inspector Buckley—We understood this bar was firmly fixed to the chimney. Witness —The iron was to keep the chimney from burning, and keep the lighted wood from going against the chimney, which was built of wood. The bar was nailed at the end to prevent its falling forward, but was not fastened at the lower end. Accused —Was it not used as a poker ? Witness—Yes, it was used as such at one time, and a person could pull it out with one hand easily. By the Court—Tho bedplaces in the house were all moveable. Accused made them. Witness drew a plan of the house, showing it to contain one room, a door, with windows on each side, on E. side, fire place at N. end, Barrett's bed place in S.E. corner, along the building the deceased's bed place on the S, end, and accused's bed place in the S.W. corner. Witness slept with his head to S.; deceased's head was nearest his head. Her head pointed E., accused's head pointed S., and deceased's feet were towards her husband's head. Witness repeated that the wife's and husband's beds adjoined, and there was 18 inches of a space between witness' bed place and the deceased's bed. [The Court here ordered the iron bar to be produced, and after a lapse of some time the witness continued his evidence.] The bar produced is the one I referred to. I found it in the burnt remains of the fire, I cannot say if it was fastened or loose on the morning of the murder. Another bar (produced), part of a standard from a wire fence, was on the premises, but it was not in the house that morning. It used to stand near the henhouse, and I found it there after the fire. J. Megarlick added to his former evidence that the accused wanted him to clean a gun quickly, and told his son to be quick, be quick. Joseph Megarlick, son of last witness, deposed—Accused came to my father's house on Monday, the Bfch, at 12.30. He was very frightened, and water ran down his face. He had his hat in his hand. He had a gun (produced) with him, and wanted my father to draw the charge. My father said he had no screw, and told me to take water and wash it out for him. Hoff gave me the gun, and told me to clean it quick, as he wanted to shoot birds in the bush. I did not hurry, as I thought accused might, from his manner, want to shoot himself. I drew out shot and powder from the gun, which had not been far enough rammed down. There was no cap on. The shots in it were large size. Accfled had the powder flask and shot (produced) with him. He several times said, "Be quick,

I want to shoot birds for fun." In half an hour my father came home again, and I was cleaning the gun. My father said, " What tor you kill the missus ?" Acciued replied, " For that." He said nothing else but " For that." He spoke in Bohemian. Father told him he must take him to the police station. Accused said, "Yes, I go." They then left. I handed the gun, powder, and caps to the police. I understand the Bohemian language. Sergeant McDonald—l visited the site of the house on the 11th, and found the bar of iron (produced) near the chimney, and at the same date the kerosene tin ; also the hoop iron said to have been used as tongs, the latter 6ft. from the fireplace. I have no previous knowledge of accused or his wife. Dr. Weld, in reply to the Bench, said—l do not think the deceased with the wounds inflicted upon her head, could have gone from the inside of the house to where I saw the body. There was no blood upon her clothes, as there would have been had she walked out. The wound on the deceased's cheek, from the direction of the cut, had been made by a blow delivered from behind.

This having concluded the case, the Resident Magistrate directed the interpreter to be careful in giving accused the usual caution before making a statement. Having been informed that whatever he did say would be taken down and might be given in evidence against him at his trial, the accused said—l

have nothing to say againßt any of the statements made by the witnesses except against Bill Barrett. Accused was then committed for trial to the Supreme Court on the charge of wilful murder.