RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume IX, Issue 618, 4 January 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

m Monday, January 3. (Before W. H. Revell, Esq. , R.M.) Drunkenness. — Margaret Connor, on bail, charged with having been drunk and incapable, did not appear, and was fined 5s ; and George Strickland, for the same offence, was discharged, as he had been locked up since Saturday. CHARGE OP LARCENY. J. O'Driscoll Egan v. Jas. Johnston. — This was an adjourned charge of larceny of a watch. On the last occasion when this case was called on the following evidence was given : — The complainant swore that defendant asked him into a parlor and seized the ribbon of his watch, broke it, and kept the watch. In cross-examina-tion he said he did not, to the best of his belief, take out his watch and offer it to defendant as security for money he was due him. He would not swear positively that he did not put his watch into defendant's hand and. tell him to keep it as security. To-day the following witnesses were called :— -J. C. Moore : About the first day this case came on both Egan and Johnston called at my house for refreshment. They passed through where I was lying, and after returning from the parlor Johnston said to him : " Well, you will go over and withdraw it," meaning to withdraw the case from this Court. Mary Campion : I am barmaid at the defendant's hotel, and was so about the 13th December last. I remember the complainant coming into the bar. 1 heard no conversation pass between Egan and. the defendant, and I did not see the defendaut take anything from Egau. There were a good many persons in the bar at the time, but 1 do not remember Egan calliug two men as witnesses or telling me I would be called. ' '* The case was dismissed without calling for the defence. Assault. — Jessie M'Gahey and' Charles M'Gahey were charged with having assaulted Mary Ann Embrony at the Storey Lead on Thursday week. The affair took place in the house of MrsMunvo, and was a quarrel about .the male defendant having offered to take the complainant to Melbourne. The male defendant *caught her by the hair, tore out a handful (produced in Court), and struck her in the face for about ten minutes until a man named Green dragged him off. The female defendant rushed at her with a large knife and threatened to have her life if she thought it was true her husband offered to take witness to Melbourne, but did not strike her. Mrs Munrp corroborated this evidence. ' William Green was called for the prosecution and demanded his expenses, but as the complainant was not prepared to pay them his evidence was not given. Thomas Morrison remembered hearing a row in Muuro's house and being asked to go in, which he refused to do. He saw Green push M'Gahey out of the house. Afterwards saw much blood on the complainant's apron, but did not notice any marks on her face. The Bench ordered William Green to be sworn. He said he was called' by the defendants to go to the house of Munro, which he did. MiV M'Gahey asked Mary Ann if her husband had been cohabiting with her. Mra Munro said he had, and the girl denied it. M'Gahey made a rush at Mary Ann, and a scuffle ensued, Mrs M'Gahey trying to prevent her husband from striking her. He did not see any blows struck, or any blood about. Mary Ann was screaming, but it was from fear. He caught M'Gahey, , put him out, and walked away. Saw no knife in Mrs M'Gahey's hand during the scuffle, but heard her say that " before she would allow them to live together she would have the girl's life." Did not think the girl could have been severely hurt from all *that passed. (This witness was re-examined at length as to a conversation he had with the defendants, but his answers were given in such a low tone that they could not be heard by the reporters.) For the defence, Mr Newton admitted that Mr M'Gahey committed an assault, under great provocation, but that Mrs M'Gahey had committed no offence. The provocation given was statements made by Mrs Munro to Mrs M'Gahey, while he was absent in Melbourne, and she had simply taken his wife and Green out to the house of Mohro to have his character cleared of the charges made against him. John Gallard : I heard the row, and saw the girl run but of tho house. There were no marks or blood I could see on her face. I saw her again next day and she told me M'Gahey had caught her by the hair and had struck her*; There were no marks on her face then. The charge against Mrs M'Gahey was dismissed, and Mr M'Gahey was fined L 5 and costs. Wilful Destruction op Property.— Susannah Jane Munro v.Chas. M'Gahey and Jessie M'Gahey. — This was a charge, arising out of the last case, of the wilful and malicious destruction of pictures and furniture of the value of L2O. After a long hearing both defendants were committed for' trial. The remaining cases were adjourned until to-day.