MAGISTRATES' COURTS.

Globe, Volume XX, Issue 1401, 12 August 1878, Page 2

MAGISTRATES' COURTS.

CHRISTCHUROH. Monday, August 12. (Before His Worship the Mayor, and F. E. Wright, Esq., Justices.) Bbeaches of the Peace. William Dowdle was charged with committing a breach of the peace in view of a constable, also with using obscene language. Albert Ashley was charged with committing a breach of the peace within view of a constable. The accused had been fighting in Gloucester street on Saturday night. For the breach of the peace they were each fined 10s. The charge against Dowdle for using obscene language was dismissed.

Violent Assault.—James Mechan Connell was charged with violently assaulting R. D. Thomas. Mr Joynt appeared for the prosecution, and asked the Bench to have the evidence taken in writing, as it would show an offence of such gravity as could scarcely be dealt with summarily. Before the taking of the evidence began, prisoner said he would admit the charge. R. D. Thomas, solicitor, deposed—l have known defendant since 1874 or 1875. On Saturday last I was going along from the direction of the Union Bank towards my office, about one o'clock in the day. I had just got on to the footpath when I heard a voice which I recognised as that of the prisoner. I did not see him till that moment. He was at my elbow. He said, " la this the last I am to have from you ?" Evidently, in illusion to a letter which I had written, I said " Yes, it is." He spoke quite quietly, and so did I. I did not even look at him when I replied. Just then I had taken out of my pocket my watch, using both my hands in doing so. Connell was slightly behind me on the right hand side. At that moment I felt a very violent blow fall on my face from Connell's fist. He struck as hard as he could. That blow was followed by a second, somewhere in the mouth. I remember throwing up my right hand with the watch in it, to guard my face. I was pretty well stunned. When I came to myself I found that I was bleeding pretty freely. I did not strike the man. I am not aware that I have given him the slightest provocation. He had demanded money from me before that. I consider he had tried to extort money from me. There was no foundation for his demand. He had repeatedly annoyed me by stopping me in the Btreets and insulting me. Only on Friday morning he had waylaid me at home. He had annoyed me so much that I went to the police about him on Friday morning. He wrote me a letter which I received on Saturday morning, two hours before the assault. The letter produced is the same. [Letter handed to the Bench.] In that letter he demands money from me in reference to losses he has sustained through a man namod William Moss. I was in no way accountable to prisoner for money I received on account of Williapi Moss, I paid it to the trustee, who is in Court. Defendant has no legal claim that I am aware of on this estate. I replied to this letter by another—[produced]—which was received by him before the assault. Neither legally nor equitably was I liable to defendant for money. He had no good reason for fancying that I was. I am still suffering from headache, and my face bones are injured. My eyes are slightly painted. There were plenty of people in the street. I had not the slightest idea that the man intended to strike me. He did not even raise his voice when speaking to me. He came from behind and pounded me. To prisoner—l have no recollection of receiving a telegram from you at Wellington. I do not recollect receiving a message with these words—" Telegraph to me to Featherstone telegraph office ere it is too late." I may have done so. [The accused became very excited, and asked Mr Thomas if anyone would believe that he (prisoner) would come all the way from Wellington in order to assault him (Mr Thomas), and bring them both into Court if he had not good cause for it? Mr Joynt pointed to the desirability of the accused asking more relevant questions. Cross-examination continued—You gave yourself in charge ; I did not. I think Sergeant Morrice asked me to come to the police depot and prefer the charge. I don't think I refused at first. I was bleeding a good deal at the time. I remember when you brought William Moss to me. _ I remember saying it was no use your coming to me unless Moss got money. You did not, before Moss signed his declaration, ask me if I was willing to pay the expenses if William Moss was agreeable. You did not use those words. Nobody was present that I am aware of. To the Court—This man complained repeatedly that he had been put to expense in bringing Moss to me, and, after Moss was a bankrupt, I explained to Connell that all money placed in my hands by Moss belonged to the trustee of Moss's estate, and that I must account to the trustee for every penny of it. I told him that if he had any claim upon Moss's estate he could put it in at once. A.B the man seemed so dissatisfied, I, thinking that he might have been put to some expense, and knowing; that he was poor, wrote a cheque for £5 and told my clerk to give it to accused, at the same time explaining that it was a present, The cheque was afterwards returned to me and cancelled. I believe you told me, before Moss signed the declaration, that you had been with him and got a cheque for forty odd pounds, at least Moes had that amount. I did not say that I would pay your expenses out of that money. I should not dare to do so with another man's money. Moss was very much afraid of you, and wrote to me asking me to pay you some money. Prisoner—" Shame, Mr. Thomas, to say Moss is afraid of me. You will see how this case will end." The Bench here remonstrated with priaoner upon the irrelevancy of his questions, Henry Simmons, comedian, deposed to having witnessed the assault, and corroborated last witness as to its nature. Sergeant Morrice deposed—Prisoner came to the police depot on Saturday about mid-day, and Baid he"intended to "take it out" of Mr Thomas. I advised him not to interfere with Mr Thomas, and reasoned with him for some time. He left, and about one o'clock came running down to the depot in a great state of excitement and almost breathless. He said, " I have done it. I assaulted Mr Thomas in front of his office ; you can do what you like with me." Mr Thomas came down a few minutes' later and gave him into custody. Mr Thomas had been sent for. The man himself wished to bo taken in charge, in fact gave himself in charge. Mr Thomas's face was bruised, and his nose bleeding. He hud evidently just been as?aul!ed. Prisoner was perfectly sober. To Prisoner —I did not go to Mr Thomas and ask him to come and sign the charge. Sergeant Hughes did. Alfred Thompson, solicitor, described the nature of the assault. The Bench here retired, and upon re-entering the Court said they had decided to deal duinmarily with the case. The defendant then called Sergeant Eughea, who deposed—l was sent to lsv Thomas by Sergeant Morrice. I asked Mr Thomas to come to the polico office. He did not refuse to come, but said he intended to come as soon as he could stop the bleeding. He came at once. You were in the office, to the best of my belief, a quarter of an hour before he came. Defendant called no other witnesses, but made a long statement, in which he detailed what ho considered his grievance with Mr Thomas was, and said that the only object of the assault was to show that gentleman up. He was very sorry for what he had done. Mr Joynt replied, dwelling upon the impudence of the defence, and the aggravated nature c£ the offence, and urged upo,s the isent;h that they "hquld the case to a higher tribunal. \{, howoyer, they dealt with it, ho hoped

they would inflict the fullest penalty of imprisonment, and bind the prisoner over in substantial sureties to keep the peace towards Mr Thomas for the rest of his life. The Bench sent accused to prison for two months, with hard labor, and ordered him lo find at the end of that time sureties (himself in £SO, and two sureties in £SO each), to keep the peace for six months, or in default of sureties, prisoner would have another month's imprisonment. Prisoner said he would do the whole time.

LYTTELTON. Monday, August 12. [Before W. Donald, Esq., E.M.] Fighting in the Stbeets and Damaging Constable's Uniform. —Alfred Opie and John McCarthy, arrested by Constable Hewitt, were charged with the above offence. It appeared that the pair were fighting in Donald street, and when Constable Hewitt arrested them they resisted violently, injuring a part of his uniform. The Bench fined Opie 20s, and McCarthy 10s for creating the disturbance, and 17s 6d each for damage done to uniform.