RESIDENT MAGISTRATE'S COURTS.

Grey River Argus, Volume IX, Issue 717, 23 August 1870, Page 2

RESIDENT MAGISTRATE'S COURTS.

COBDEN.

Monday, August 22. ' (Before C. Whitefoord, Esq., R.M.) yiQLBNf ASSAULT. Duncan Oswald, storekeeper, Brunn.er? ton, was charged with having oft Friday last wilfully and maliciously inflicted upon Annie Stewart grievous bodily harm. Mr Newton appeared for the defence. The case occupied the Court many hours, but. the following are the principal portions of the evidence : — ; Annie Stewart : J am a barmaid. I was living at the defendant's "{Duncan Oswald), and have been so for twelve months. On Tuesday, the 16th Aiigilst, I went to bed in my own room at twelve at night at defendant's. I saw defendant in the sitting-room just'before I went to bed. I left him on good terms. There was a msn in my room that night. The defendant did ript l^now qf it. Oswald had known- of this happening befqrp, and had not objected to it to me, i 1 was aroused about 3 a.m. by the 4ef«ndaut throwing me put of bed, 1 fell oil my forehead. I was struck by defendant abotit the head. I tried to dress, and defendant tore my clothes off. Defendant struck me repeatedly, and kicked me about the knees as I stood on the floor. I went out of the house. The defendant followed me, and struck me again in the face two or three times, i screamed, and asked him if ht was going to kill me. A

man named Tayldr. took him in. I found I could not walk to the township, so I went to the men's room for protection, and one of the men gave me his bunk.. I had been there but a short time when, defendant came -up and struck me again. I got some clothes and dressed. The defendant came into the room and assaulted me again ; he caught me by the hair, knocked my head against th.c wall, and- mWck 'm<P tn^r^meT^in the face. _The defendant -came -j up again. My was' Wtsidb the bunk. Osw.ald kicked mj. hand.- I-wga^ helped" do wfl'to * Mr "Cl'arFs abouOsven't . a.m. on Wednesday raoraing7 \My left; arm, in consequence of' the ip juries ill received 7 was useless f«?ihree days. 1 >My right arm is black jfrom the elbow t& $k& ~- shoulder,- and is injured fco that I ican do nothing with it now. My neck is all, bruised. My le^s are marked with t|«s nails of boots, where I was kicked, and are also bruised. I was helpless for #w6 days after it r occurred. All the injuries were inflicted by Duncan Oswald. By Mr Newton : I gave no provocation.. I was not drunk; I knew what 1 was about. ■ No one would notice I hadbeen drinking. When Oswald found a man in my room before, he :gave him a -candle, ■ had two drinks with him, and got 1 a LI, but returned no change. The.' gentleman would not stay. When defeudant came into my room I did not hear him speak-. I had been in bed two hours, and was asleep when defendant came ihto* : my '■ room. Defendant turned the man out of the house, and then came back. , He did not tell me to leave the house/ I never threw a basin at defendant. I threw some - water at the defendant out of .a'basinl C - Taylor was present- when I was assaulted!- *: I swear I did not fall dowti. ; ; ; ' I was outside five or ten minutes. Defendant struck me with His clenched fist-. i ; dieT not ask defendant/ to let. me remain in the house. I did. not fall going up stairs to the' place whore the men sleep. Taylor and Ryan slept there." . When I w.ent put, on the track my eyes were nearly cldsied* and my forehead was bruised. ; There ' was a lump on my forehead aa large as an egg. ,Duncah Oswald' said, ' " By h»^f living God be would kill me, if he was •-*• hung for it." I had some 'hair^ulled out by Duncan Oswald. „...„. „,. 4 , . . . - . ... Alexander Taylor : lam barman 'with V Duncan. Oswald. I remember Wednesday morning. I went to bed about 12 o'clock. Towards morning I, heard, a scuffle in Annie Stewart's bedroom. There was no light. , I. heard Annie Stewart scream., I--v thought from the noise that there was ar } beating going on. I told Oswald to comb ' away, -and he did. Annie Stewart went out. I saw her go. I did not see her face. Before Annie Stewart went out defendant „ went to her room again, and I heard screams, and I got Oswald away ; then complainant 'went outside. I heard screams, and went out to her assistance,. ,<r arid I brought Oswald in. 1 saw comf f plainant afterwards in the news-room ; her eyes were swollen-; there was some blood on her head. 1 got Oswald away, and then I left. I afterwards heard screams. I did not nee Oswald strike her. , 1 think defendant went to the room three times. I brought him away three times.^ I heard complainant say " Alick* cbtne and| § save me." Mr Cochrane was at the house". ■•-. that night; he: slept in the same foomVwith me. I got up first. Cochrane did not go into complainant's room. I don't, think he (Cochrane) was in the bar when' ■' she left. Complainant was sober that night. I gave her some beer., ,. , • . .. . : ,- By Mr Newton : When I went outside I " found Oswald a few feet from coin-* ■ r plainant ; there were no blows struck in? f my presence. .-■ , „.■■; -„-. /,- ' Qeorge Nbrraan «; I «|m a miner. I remember being at Duncan Oswald's on Wednesday morning about 2 a.m. Taylor was there, Duncan Oswald, and others. I heard a noise in one of .the back rooms, , I then heard : a noise outside, and cries of distress. I heard Duncan Oswald's nanie . "" mentioned. I heardrrr- f ( Duncan,, are yon going to kill me." I said, ,"TPaylor,,gd V ; * out and bring Durican Oswald in." By Mr Newton: I was in the room le^ing put Qf the bar. I did not qe§ what took, place there.' -. ' ; V '.'6-..- A William Taylor: I am a laborer. :\vl'ni<K remember being at Duncan Oswald's .... . house on Wednesday, the 17th inst; j --y slept with Ryan the night before. , I J* remember Annie Stewart coming into the room. Jack Ryan got; oat of bed^ and' *i gave his bunk to Annie Stewart. I saw pomplainant's face ; it was bruised. I remember Duncan Oswald coming up' ta-..''- ; the room. He would not ; allow her 'to sleep in'the place. I lay in foont of tha door to protect Annie Stewart. Lgotiec r !p some clothes and took her away. I did X not see any kicks given. Duncan Oswald „.,: kicked at the bunk, but did not kick the 'complainant. By Mr Newton : Complainant seemed 5 '- •'■'"* sober. I saw no blows or kicks i given, nor did I see Oswald strike complainant in the face. , .. • . : .-; Charles Lloyd Morice : I ani a legally qualified medical practitioner; and reside _ . at Greymouth: I , examined Annie ' Stewart one day last week at Bruhnertch. T. 'found she had two black eyes, bruises * about ijhe forehead, the front arid root of . | ueck, right and left upper-arm, right fore- *'"""• arm and hand ; also bruises about .both : legs above and below the knee. The injuries were snch as; would have been inflicted with the fist or.by kicking. The complainant suffered in health from the injuries. They w ero not likely to affect .•_•- her life, . ! • By defendant's counsel :. l\ think 1 ,, % ,,; r , examined the complainant on Tuesday. - The injuries were of a recent character, ■•-■ -.•,..,- some twelve hours old. Complainant : '" might have been drinking- recently. The injuries were not the result of a fall. Some might have resulted from a fall, but others could not have been so caused. v. Alice.. Qlarke :I am a widow; a,nd *Hvo f \ at Brunnerton. I remember Wednesd^jF -/I. morning, the 17th instant. I saw Annie Stewart that day about 8 a.m. or 9 a.m. She came with a man leading her; she ' i* came into my house. I did not knqw her. She, was bruised and disfigured. : jßhe>sat down,'ahd afterwards went to bed at my ' house. Sh,e stayed there two days. She/"'., was bruised hoxa head to foot. ; I saw^ r ~\ complainant the night before at pig^ .Wr--* b'clook, and she was sober thftn. „ ; By Mr Newton : I offered to give complainant something for het eye, but she ;i said, *« No -let the doctor see me." James E.- Cochrane; I am an account ant. ' I remember being at defendant's on v . Tuesday evening last. I went to bed -' about elevea o'clock. About twelve, "I Oswald was m tlie bar counting the cash. : I heard Oswald go to complainant's bed^ '

room. Hjs.i'or3eii^4' aman the"n to go o.ut. ; DuneanPlwald also ordered Annie Stew:^; to go put of the place. I w^a in.the jjining-', • ? ' fob'm>- ind'-r'heard'Annie'Stewart ask defendant to let her remain in the house. Duncan Oswald refused. I 'saw complainant's, face when she went put of the Koiise.* 'There were no marks on her face , then/ The complainant fell on her face. • . J;gaw,:no..blp.Wß / struck by Oswald. ,/ BjfjM^s Perkins : I have written out my 1 eviaence.belore I came. I pay be indebted ■- -to -'Oswalct. ; I " think Miss Stewart was , under' the influence of dririk. " -I' first ? ,Bs%ed .this between ten and ;eleven o'clock,^.]! was perfectly so^er. We all 'went tbfb'ed between eleven, and twelve "o'clock; .-It was a quarter to twelve when ■• D.Wjpau Oswald went into Annie Stewart's . ; r^pm.. I, slept 'with Taylor. I called him 't? gp to, Mr Oswald's assistance. When • DuricMin 'told Annie Stewart to go out, he was iri^tKe" room once and outside once. I w.as at the parlor door when 1 saw her face :, I may have been 10 feet off. When the conversation about her staying took place,*lwas"at the parlor door. I saw .Duncan Oswald turn complainant but. He aid riot go put after her. It was twelve ' 'o'clock', arid was riot a dark night. 1 saw through the wiridow. I swear: last Tues- . day was a moonlight night. , I saw complainant go tip to the steps afterwards. Taylor helped her up;' I heard some screams. 1 will not swear that ..Taylor did not go. up and sepa%t& complainant and . defendant. The •tairs are not above six feet from the • parlor door, and twelve feet from the W door. From.the ticqc . Oswald ordered Annie Stewart, away until I heard screams was five, minutes. Alick Taylor never left the rooiri we were in from the time Annie Stewart .went: to bed until- morning. There were no screams that I heard afterwards. ' '" ". ■ ;; ' : " : '- .■■■-■■•■■ : --~- f In 1 his Bumming up the Magistrate commented in very strong. t«rms upon the brutal assault committed by the prisoner^ and stated that had any evidence been . sKbwri"that a weapon other than Mb iSsts had been used he would have committed ■ h^m, for trial. It. ' lay. in his power .to,, inflict, a pecuniary fine,^or to seriterice him tb'a term of imptiisoririient,' arid as the p*ayment of the first would riot' be a punishment to him, he adjudged- him : one month's imprisonment with hard labpr.