MAGISTERIAL.

Globe, Volume XXIII, Issue 2401, 13 December 1881, Page 3

MAGISTERIAL.

OHBISTOHUEOH. Tuesday, December 13,

[Before J. Ollivior, 8.M., and <J. E. Parker, J.P.] liABCBNY.—EIIen Norton wao brought up charged with stealing a book valued at £2 10a the property of Fredk. Pantin. She had been remanded from the previous day, as ahe then said that she had left it as security for Is, which abo had borrowed, and she asked for time to produce it. The police said that she seemed hardly to know what she was about. They could not get out of her what had become of the book. The prisoner constantly interrupted the proceedings with great volubility and noise, and was finally remanded for one week, to enable her, as the Magistrate said, to appear in a fit state at the expiration of that period. Assault. —Isaac Burt was charged on remand from December I2th with violently assaulting Thomas Hawkes at Eingsland on December Ilth. Prosecutor appeared with his head bound up. Prisoner was defended by Mr Holmes. The parties ore neighbors. Prosecutor deposed that on the day named, in the middle of the day, ha went to prisoner’s house, saw him, and taxed him with throwing water over his (prosecutor’s) children. Some high words ensued, which terminated in prisoner attacking prosecutor with a pair of garden shears, with which he was struck, cut on the back of the head, and knocked down. Prosecutor then went away down the garden, prisoner followed, and made a second blow at prosecute t, but missed him. Cross-examined Ho never went inside the prisoner’s door. The fracas took place just outside the threshold. Had not a knife with him, nor did he see one the whole time of the row. George Carr stated that he saw the parties standing at prisoner’s door. Prisoner knocked prosecutor down with the shear*. Witness lifted prosecutor up, and prisoner then struck at witness with the shears, but missed him. Wtn. Snowball, living near prisoner’s house, stated that his attention was drawn to a disturbance there at the time named, and looking round eaw prisoner chasing prosecutor with a garden shears. Prosecutor was

bleeding from the head. Prisoner, in witness’ sight, aimed a blow at proleoutor, but missed. Doctor Bussell deposed that on Sunday last prosecutor came to him for treatment of an incised wound at the back of the head, one and a half inches in length, which penetrated to the bone. The 'wound was sewn up. It might lead to erysipelas, but so might a cut on the finger. Mr Holmes said that the assault was admitted, but there had been the grossest proyooation. Prosecutor had forced his way into the house, where prisoner, his wife, and some friends were sitting, commenced blackguarding prisoner, and finally knocked him off the sota. Prosecutor went out, and, returning, broke open the door, on which prisoner picked up the shears and struck him. He asked that prisoner might be allowed to go into the witness box, which, however, the Bench then declined to permit. Mr Holmes then called Henry Hammond, a person of color, who stated that he was in prisoner’s bouse on Sunday last. Prosecutor went there, and talking about the throwing of water, threatened to punch prisoner’s son’s bead. After some talk, prisoner jumped up. Prosecutor ran away. Prisoner followed him across the garden. Witness saw prosecutor pick up a knife. Prisoner then turned back, went into the house, and shut and fastened the door. Prosecutor burst open the door. Prisoner and prosecutor had a further altercut an, and witness saw the shears in prisoner’s hands, but did not see any blows struck ; in point of fact, he did not wish to see any more than he could help. Prisoner was now allowed to give evidence. He said that prosecutor went into his house, as stated, and, after using very bad language, knocked prisoner off the sofa and ran away. Prisoner followed. When halt way across the garden prosecutor dropped a large knife, which rather frightened prisoner, who picked it up, went into the house, and fastened the door. Prosecutor returned, burst open fhe door, and again knocked prisoner off the sofa. Prisoner snatched up the shears which were lying on the floor, and struck prosecutor on the head. This was just outside the door. Prisoner followed prosecutor down the path, and made a second and unsuccessful blow at him. To the Bench—Hammond, the previous witness, was in toe house, and might have seen all that went on in it. Mrs Burt corroborated her husband’s statement. She further said she saw the knife in prosecutor’s cand when he was in the garden before he made the second attack. Hammond was behind the door at the time it was broken open. She called the attention of Oarr, who was at the gate, to the knife which prosecutor had dropped. [One of the Magistrates here informed the prisoner that he must not make signals to his wife.] Prosecutor knocked witness down by a backhanded blow. Burt, son of prisoner, deposed to seeing prosecutor kick the door. George Oarr, re-oalled, said he oould see the whole of the front of the house during the fracas. He contradicted totally the evidence of Mrs Burt as to the knife and the knocking of her down; also what had been said by prisoner’s witnesses as to tbo return of the prosecutor, and the breaking of the door. He could see perfectly what was going on at the door. He saw all that happened after prisoner had knocked prosecutor down. Constable Hill deposed to knowing the premises well. On Sunday last he was passing along the road in front of the house, and could see right into the front door. He did actually sec prisoner sitting in the house, and spoke to him. The fences were so fixed that anything taking place a little to the right or left of the door would not be seen from the road. The Bench said that the evidence was very unsatisfactory. Mr Holmes said he was prepared to bring further evidence for the defence if a remand were granted. Prisoner was accordingly remanded till December 17th, bis own recognisance in £lO being extended as security for his appear once.

Civil Oases.—Neck v Piper. Claim £6 10s, os commission for procuring a client as borrower. Mr O’Neill appeared for plaintiff. It appeared that defendant bad lent to a lady the sum of £65 on the security of a second mortgage. The loan was for a period of six months, defendant charging £25 as commission and interest. Defendant denied that plaintiff had done anything in the matter, but admitted having paid plaintiff £llos. The Bench remarking on the extraordinary profit made out of the transaction, considered that the payment made to plaintiff admitted some liability on part of defendant, and gave judgment for plaintiff for the amount claimed, and costs of Court.— Judgments went for plaintiffs, by default, in Suffolk Brewery v Thiel, 12s 6d; Hobday and Co. v McNair, £1 3s ; Piper v Wiseman, £lO 2s 9d; De La Mare v McKenzie, £9 3s lid ; Garrick and Cowlishaw v Soutban, £1 3s 6d.