MAGISTRATES' COURTS.

Globe, Volume XXII, Issue 2087, 1 November 1880, Page 3

MAGISTRATES' COURTS.

CHRISTCHFROH. Monday, Notbmbbe 1. [Before G-. L. Meliish, Esq., 8.M., and Dr

Coward, J.t.j

Stealing pbom thb Pbbson.—Thomas Burns was charged with this offence. Koborfc Fullarton deposed that feeling sick on the night of October 21st last he sat down on the doorstep of the Prince of Wales Hotel, Colombo street. While there, three men, of whom prisoner was one, came up and persuaded him to rise. One of them held his arms from behind, and the others robbed him. Prisoner took from him a £1 note, the other man took a breast pin and some pawn tickets. Witness, after being let go, finding himself followed by the men, jumped the fenoe of the yard at the Prince of Wales Hotel, and got into the stable, where he remained till six o'clock in the morning. At about half-past six he found in the bar of the City Hotel, prisoner and another of the men who had assaulted him. Witness went for a policeman, and prisoner wag arrested, the other man bad gone away. In cross-examination by prisoner the witness said he was not drunk at the time of the robbery, although he had been drinking. Had not been ail'ep. The fence he jumped is about sft 6in high. William Knipler, called by the accused, stated that Fullarton had been at the Terminus Hotel on the night of the robbery, when he left at a late hour he was sober. The police said they had been unable to trace the two others concerned in the affair. Prisoner, when searched, had only some silver on him. His Worship said it was possible that prosecutor being, as he said, unwell from the effects of drink he had taken, had mistaken his man, there was tbat doubt, and acoused would got the benefit of it. Accused was then discharged. Det/hkenkbsb and Osvelty to Animaib. —Frank Bew, a cab driver, was brought up for being drunk while in charge of his cab on the 4th September last. He was further charged with ill-treating his horse in driving it while its shoulders were badly galled. Mr Holmes appeared for the acoused. Constable McCarthy, who arrested him, and Sergeant Morioe, who received the charges, deposed to the state of the man and the horse at the time, also to accused making resistance while being looked up, during which his leg was broken, and he was afterwards taken to the Hospital. The charges were heard on September 6th. The charge for drunkenness was withdrawn by the police on account of accused being in the Hospital, and the other charge was adjourned sine die. Accused had served Constable McCarthy with notice of an action to be brought against him for the damages he sustained by the injury received at the lock-up. The present charge had been revived since the notice had been served. Mr Holmes asked that the charge for drunkenness might be disallowed, as it had been once withdrawn. The Bench said there was nothing to prevent a fresh information being laid,, and refused the application. Dr. Coward, who was called to Bee accused at the lock-up, and Richard Brown, dresser at the Hospital, who dressed the broken leg, stated positively that accused was drunk when they saw him. Constable Briggs deposed to the bad state of the horse's shoulders and the drunkenness of accused when taken to the look-up. This was the case for the prosecution. Aocused being plaoed in the witness box made a statement to the effect that he had been accosted while on his cab by Constable McCarthy, who was not in uniform, and after some altercation he drove the constable to the lock-up, were he was hustled about, and his leg broken by the unnecessary violence of the police. Accused protested strongly that he was not drunk at the time, and that the horse, though slightly collar-galled, was quite fit for work. He knew perfectly well the oondition of the horse, but by means of a false collar and a chambered regular collar its shoulders were so well protected that it could not possibly suffer. He contradicted a statement of McCarthy as to the place of arrest being opposite the Central Hotel; it really took place at the Post-Office rank. In cross-examination aocused said he walked into the cell at the lockup without assistance. Ho had had four or five glasses of beer on the day he was arrested. Taylor, a grocer, stated that Bew's horse had been galled more or less for three weeks betore < the arrest, but it had been so carefully worked that there was no cruelty in using it. Cross-examined—He had seen the horse frequently, but not on the day when the charge was laid. Charles Haggity, cab proprietor, deposed that a horse might without cruelty be worked having sore shoulders if proper precautions were taken. Samuel Thomas, cab driver, stated that he saw Constable MoCarthy get on the step of acoused 'e cab at the Post Office rank, and the cab was driven away. He did not know that an arrest had been made. Ho was certain accused was not drunk or unfit to have charge of a horse and vehicle. James McFarlane was a fare in the cab of accused on the day of, and shortly before the arrest and was driven a considerable distance during three-quarters of an hour. Bew was not drunk. Cross-examined—The cab wbb driven round the town. They called at three hotels during the journey. Bew had a drink or two. Samuel Houston said he was in the cab with last witness, and corroborated the statement made by him as to Bew's sobriety. This closed the evidence for the defence. Mr Holmes addressed the Bench at some length. His Worship said he was always unwilling to say anything reflecting on the oonduct of the police, but this case seemed to have been singularly mismanaged. There was no reason that he could see for arresting the accused at ail; that was an abuse of authority. The treatment of Bew, at the lock-up, must have been unnecessarily violent, and he hoped the notice of the Commissioner of Polios would be drawn to it. Also, there was a strange discrepancy in the evidence as to the place of arrest—a kind of discrepancy he had before observed in other oases where the same constable had given evidence. The charge for drunkenness would bo dismissed. A conviction would be entered up in the other charge, as there was colorable reason for its being laid, though there was muoh eause to regret the mistakes that had been made in the conduot of the case. The Court then adjourned for half an hour,