MAGISTERIAL.

Globe, Volume XXIV, Issue 2443, 3 February 1882, Page 3

MAGISTERIAL.

CHRISTCHURCH. Friday, February 3. [Before R. Baetham, Esq., R.M.] Deserting prom a Manop-Wab.—Jack Rose pleaded guilty to deserting from H.M.B. Raleigh at Wellington on August 11th, 1880. On the application of Sergeant Mason he was remanded for eight days, to allow time for communication with the nearest ship belonging to the navy. Illegally on Premises. —Thos. Brown was charged with being found in a stable be. longing to Mr Philpot, in St. Asaph street, at half-past eleven on Thursday night. He stated that having got too much beer he stumbled into the place, being under the impression that ho was going home. He was cautioned and discharged. Charge op Assault and Resisting the Police.— Danzio and Wm. Cant, father and son, on remand from February Ist, were charged as above. The evidence was to the effect that while the parties were at the Papanui Hotel on the evening of January 31st, a row took place, in which prosecutor was rather severely handled, having received, according to Dr. Ovendon, two scalp wounds, many abrasions of the skin about his face, some injury to his elbow, and an injury as if from a kick in the region of t-ie kidneys. Constable Flanagan, who arrived after the affray, attempted to arrest the prisoners. They resisted, got into a cart, and, using their whips freely, nearly got clear off for the time. They were, however, secured with the help of some bystanders. Mr Stringer, who appeared for prisoners, contended that they were justified in resisting, to the best of their power, the arrest, which was clearly illegal. The fighting not having been within view of the oonstabie, the latter had no right to proceed except on warrant. As to the fight itself, it had been provoked by complainant. The Bench agreed with Mr Stringer and dismissed the case.