MAGISTERIAL.

Globe, Volume XXIII, Issue 2336, 29 September 1881, Page 3

MAGISTERIAL.

OHEIBTOHUEOH. Thubsdat, Sbptbmbbb 29. [Before Messrs Ollivior, J. B. Parker, and

R. Westenra, J.F's.] i Dbunkknnbbs. —Mary Ann White for this t offence was fined 10s. Charles Eaden, who, " while drunk, broke a pone of gloss in a shop • in Colombo street, was fined 10s. Labobhy as a Bailee.—John Dale was brought up charged with larceny as bailee ’ of a cheque for £6 9s, the property of Thomas Faintou. The police stated that they > were not yet prepared to go on with the case, • and asked for a remand. Prisoner was remanded accordingly till October let. ' Alls qed Assault with Intent to Rob.— George Maslin was brought up on remand i from September 26th, charged with assaulting with intent to rob H. JP. Poore on the | morning of September 22nd. Prosecutor, a musician, deposed that, having been playing at the Artillery ball on the previous night, he left the Oddfellows’ Hall on hio way home. At about 3 a.m., when near Gloucester street bridge, ho was accosted by two men. Prisoner, who was one of them, asked him to shout. Prosecutor said he had no money on him, nothing but his flutes, and if he had money there were no hotels near. Prisoner said they must have money or they would take the flutes. Prisoner then struck him in the face, knocking him down; prosecutor rose, and was again knocked down ; he picked up a stone, got up, and throw it at prisoner, who rushed on him and fried to tear open his coat. They fell together, and finally prosecutor, after a struggle, got away and ran home. Prosecutor got bis face cut, and marks of blood were left on the footpath. The night was rather dark, and the gas-lamps were not alight, but he had no doubt as to prisoner’s identity. Prisoner was wearing dark clothes at the time of the assault. He picked him out from among five others at Now Brighton on the following Sunday. Detective Neill deposed that on Sunday, September 25th, ho went to Now Brighton in the company of last witness, who pointed out accused as the man who assaulted him. Witness asked accused how long ho had been at New Brighton. Accused said he had been down with a party of others for a fortnight. When charged with the offence he said he had been down there a week. Thie was the case for the prosecution. Accused called Joseph Harman, a dealer, who said he was whitebaiting at present at New Brighton. Ha remembered Monday, September 19th. He had taken tents, &e., to New Brighton on that day. Prisoner came to the camp on the following day. He left prisoner there at 430 on the Wednesday afternoon—that was the afternoon before the night of the assault. Witness knew prisoner to be partially blind. Witness did not think he could find his way to town in the dark. Prisoner was wearing light clothes when witness saw him on Wednesday afternoon. Prisoner was employed by witness to catch whitebait. To the Bench—Witness returned to Now New Brighton on Thurscay morning at 6 o’clock, and prisoner was then in bed. George Ellis stated that he was mates with prisoner in the party who were whitobaiting at New Brighton. He slept in the same tent as accused. They both went to bed about 6 p.m. on Wednesday, September 21et, the night of the assault. Prisoner woke him up and asked the time, which he, in reply, said was twenty minutes to two. Witness woke several times that night, and accused was always in the tent. They rose about five o’clock on Thursday morning. Witness was sure accused never left his camp from Septembt r 21st to 23tb, To Superintendent Broham—He was positive as to his dates. Prisoner slept every night close by the ride of witness. To the Bench—Ho swore positively that prisoner could not have been in town on the Wednesday night between 2.30 and 5 o’clock. Peter McGibben, another one of a party whitebait catching at Now Brighton. There 1 were four of them. Accused and the last 1 witness slept together in one tent. Witness 1 saw prisoner when he wont to bod on the Wednesday night, and he was there when 1 witness got up at daybreak on the Thursday 1 morning. Patrick Moss, formerly a commission agent and a teacher of the piano, ! but now catching whitebait at New Brighton, 1 deposed that ho belonged to the party of ' which accused was one. He corroborated ! generally the evidence given by previous ■ witnesses. This was the defence. The Bench ! said there could not be a oommital in the face ; of the evidence brought by accused. The ■ case was then dismissed. ‘ BANGIOEA. ' Tuesday, Skptembbb 27. J [Before 0. Whitofoord, Esq., 8.M., and A. H. Cunningham, H. Blackett, and J. 0. Boys.] ( Rbhbabing.—A re-hoaring by direction of c the Supreme Court of the cose of W. Weir v c E.De L. MacOarthy, £2O, decided by justices j on August 23rd, by judgment for plaintiff for * £5 5s was opened before the Resident Magia- J trate. Mr Groeson appeared for plaintiff. I Mr Spaokman for defendant. Evidence wan c ;iven by plaintiff similar to that at the former ® fearing, to the effect that Dr. MacOarthy at- - 1 tended his daughter, six years old, who had 1 sustained a broken thigh. After attending to * the case for some time, it was alleged that the 1 injured leg was shorter by 2J- inches than the c other and crooked. Dr. Ovonden was then ; called ia, and after breaking the bone again reset it. This gentleman’s opinion was that 1 the limb could not have been extended, as the bones had set too firmly when he was sent for. The claim was for £lO 10s paid Dr. Ovenden and £9 10a sought to bo 1 recovered for damages and inconvenience j a the 'plaintiff through the leged ' mismanagement of defendant. Defendant 1 stated the treatment of the injury and de- J tailed the results of some visits to the patient. ] He used splints, which he found had been interfered with in his absence ; and the bed \ on which the child lay being very soft, allowed the log to slip out of position. There was no ' displacement, however, for eleven days after it was sot, when the splints were removed and starch bandages put on. —Dr. Meikle gave evidence to the effect that Dr. MacOarthy’s treatment was the correct method. Until a month after the fracture extension could have been resorted to. He was called into attendance by Dr, MacOarthy, but Weir declining to allow defendant to then remain in charge of the case, ho did not see the limb sufficiently to be able to say what the nature of the fracture or displacement was.—Mrs Weir, called by defendant’s solicitor, stated that the child did not complain after the first night. The bandages did get loose, but her husband tightened them. Her husband did not remove the splints. They noticed the leg was short after defendant removed the splints and put on the starch bandage. Only two splints wore used with the latter bandage. No complaint was made by defendant about the bed. —Learned counsel having addressed the Court, the defendant’s solicitor contending that the father could not bring an action except for loss of service, the Resident Magistrate reserved his decision.