MAGISTRATES' COURTS.

Globe, Volume XXI, Issue 1655, 10 June 1879, Page 2

MAGISTRATES' COURTS.

CHRISTCHUROH. MONDAY, JUNE 9. [Before G. L. Mellish, Eiq., R.M.] The following business was transacted after we went to prees yesterday : Trespassing with Doa and Gun.— W. If. Hawkins and Thomas Loach were fined 20a each, with costs added, for trespassing on private property with dog and gun. Thebatknino Language.—Thos. Higgins was summoned for threatening the life of G-eorge Long. There was a cross action against George Long for assaulting Thomas Higgins by throwing a kettle of boiling water over him. The evidence having been heard, Higgins was ordered to enter into his own recognizance in the sum of £lO to keep the peace for six months, and Long, for the assault, was fined 40 s. Violent Assault.—James Wilson was charged with assaulting Jane Wilson. There was a cross action in which James Wilson charged Jane Wi'sonwith threatening to tike his life, and also with threatening to set fire to his house. The statements of both parties having been heard, and several witnesses examined, the Bench allowed the matter to stand over for a fortnight, while some arrrangement was come to for the disposal of the property, on the basis of the complainant receiving seven-ninths of whatever it might r.-alise, and the defendant; the balance. Assault. —Frederick Piper was charged with assaulting Joseph Kennedy and Joseph Kennedy was in his turn charged with assaulting Frederick PJp*r. Mr Neck appeared on behalf of Frederick Piper. Mr B. D. Thomas for Kennedy. Dr. Chilton gaTe evidence of the admission into the hospital of Kennedy on the 20th May, Buffering from severe wounds on his head apparently inflicted by some blunt instrument. Joseph Kennedy, a store carter said that on May 20th he was coming down the Lincoln road to Christehurch with his three-horse team, being well on his own side. There was only one track, the road being newly metalled. The defendant came up from Christehurch and halted in front of him. Oomplainant asked him to give the road to tu>», in conseque ace of his heavy load, but he refused, and got off his trap and walked across the road. Complainant got down and moved the defendant's trap out of the way, and then got back to his team. Defendant then struck him in the face and was making for him again when complainant struck him with his whip, which defendant then got hold of and struck him seven or eight blows on the head with the butt end. That was all he remembered. A witness named Hole, who saw the assault, described it as a most brutal one. Two witnesses named Bourne and Morrow gave corroborative testimony. This was the evidence, and a cross summons was then heard against Joseph Kennedy for violently assaulting and beating Frederick Piper. The oomplainant in this case gave an opposite version of what he characterised as a " squabble," alleging that the first blow was given by Kennedy with the whip, and in fact the whole quarrel originated with him. He (complainant) had a heavy load of grains that day, and one of the horses was lame, and that was his reason for not moving across the road when asked by Kennedy. George Draper, a lad who was in Pipsr's cart, said Kennedy struck Pipor first, and it was not true that Piper had struck Kennedy's horses. Mr Neck addressed the Court for Piper, contending that the whole affair was a trifling road squabble, in which each lost his temper. Mr Thomas submitted that the assault on Kennedy was a perfectly murderous one, committed under the most unprovoked circumstances, and which could only be adequately dcilt with by imprisonment, as he oould prove that Piper was a man of the most ungovernable temper, and who had already been before the Court and convicted on a charge of violent assault, as well as being charged with assaulting a bailiff. The Magistrate characterised the assault on Kennedy as a most cowardly and brutal piece of bullying. This was only "the sequence of previous acts of brutality on Piper's part. Without going the extreme length asked for by Kennedy's counsel, he should mark his sense of Piper's conduct by fining him £lO, or one month's imprisonment with hard labor, half the fine to be given to Kennedy as compensation. The case against Kennedy was dismissed. The Court roae at 5 p.m.

Tuesday, Jtjnb 10. [Before O. Whiteford, Esq., R.M.] DfiTJNK AND DISOBDBELY. —TWO first offences were fined 5s each. 1 AECENY.- T John W. AVlett was charged with stealing some carpenter's tool?, of the value of 22s 6d, the property of James Plank. Tho prosecutor, a cabinet-maker, stated that in the beginning of March he went into the Hospital l<»7ing some carpenter's tools in Bates' workshop. There were two handsaws, a moulding plane, a brace, bits, marking and mortice gauges, squares and chisels, and a steel rabbet place. The prisoner was then working at Mr Bates', and he told him he might use them in the shop. On the 15th April prosecutor came out of the Hospital, and the following day he went to Mr B tes'e for his tools, and missed some of them at once. The tools were stamped "W. Flank." Had never authorised anyone to remove or dispose of the tools. The tools in Court were part of the ones he had lost. Tho value of them was about 22s 6d, On Monday prosecutor went to tho prisoner's house with Sergeant Barlow, and the prisoner said he had taken part of the tools up the country. Had found rone of the tools, with the exception of the steel rabbit plane and the saw produced in Court. Henry Royal, an apprentice at Mr Bates's, remembered tho prosecutor having some tools at the workshop, which the prisoner made use of. The prisoner left Mr Bates's employ about a week before prosecutor came out of the Hospital. Samuel Stewart, pawnbroker, of Lichfield street, identified the saw which was pledged with him on the Bth of April by the prisoner, who, when h? afterw:>r s released them about a wek ago, bi id they were his <wn property. Morris Cohen son of S. Cohen, pawnbroker, remembered seeing the prisoner on the 7th of April at the pawnshop. He brought a steel rabbit plane with the name of Plank on it. He said it was his, and it was taken in in pledge. Prisoner redeemed the piano produced last Friday. Sergeant Barlow proved arresting the prisoner ttio day before, at his own house. He said he had a saw and plane belonging to the prosecutor, which he bought. He said he had left some tools of his own, amongst them being some of tho prosecutor's, at the Bealey, und ho expected them down that day. The tools ho proauccd were identified by the prosecutor, and witness took him to the depot This was the case for the prosecution. The prisoner admitted taking the tools by permission, without, any felonious intention. He had acted foolishly, but never intended to rob the prosecutor. The case was allowed by the Bench to stand over uutil next Thursday, to enable the prisoner to find the other tools which were missing. Dkstetjction of Peopeett. Thomas Batching was charged with breaking a window of tho value of os, the property of Charles G. Dann. Constable Cleary gave evidence as to the fact of tho window being wilfully broken by tho prisoner to got himself locked up. Tho prisoner admitted breaking the window. Ho was starving with cold and hunger, and had no shelter. Sergeant Morice stated he had been in the Hospital and at the Old Man's Home, and he had left tho latter institution on his own account because his tobacco was stopped. Prisoner said ho left the Home because they wanted to keep him a prisoner inside the Homo for six monthf. The Magistrate said tho accused had been twice provided for, and there was no excuse for his conduct. He would be fined 10s and pay 5s cost of the damage done, or in default fourteen days' imprisonment.