RESIDENT MAGISTRATE'S COURT.

Kumara Times, Issue 1162, 19 June 1880, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, June 18. [Before J. Mackay, Esq., R.M.] ASSAULT WITH VIOLENCE. Peter Dairy was charged that on the day of June, 18S0, he unlawfully and feloniously by means of his hands, did attempt to choke and suffocate Mary Howley, with intent thereby to enable him, the said Peter Drury, to commit a certain indictable offence, that is to say, the felony of larceny from the person. Sergeant Emmerson appeared on behalf of the Police and conducted the prosecution ; the prisoner being undefended. The following evidence was taken : Mary Howley, on being sworn, deposed : I am a washerwoman, residing in Main street, Kumara. I know the prisoner ; I saw him last Saturday afternoon ; it was about four o'clock when he came into Mrs Hogan's house, in Seddon street. I went there at three o'clock, and left about six. The prisoner remained there to that hour. I did not see the prisoner after I left there until I saw him in my own house about half-past six o'clock I do not think I invited the prisoner to my house. He walked into my house when I was taking off my hat and shawl; he stood in the passage, and I said—"Halloo, mate I wbat brought you here ? It is pretty cold." He replied, " Will you have a drop of brandy ?'* I said " I do not mind." He left me then, and when he came back, he had no brandy with him. He was away a few minutes—about ten, probably. He said, "You b y w e ! deliver what you have got!" He was stauding in the passage when ha said this ; I was in my bedroom. I asked him what I had to deliver, and he said " Your money 1" I said, " I am b d if I deliver it." He then caught me by the throat, and I caught him by the beard. He had come at this time from the passage into the bedroom. We both fought for a good while, and we both fell through the same partition. I caught hold of him by the waistband of his trowsers, and the belt came away iu my hand. We both got up, and he then threw me on the broad of ray back on the bed. I shouted " Police " as loud as I could, but not very loudly, as his hands were on my throat. He had hold of me by the throat on the bed, and fossicked my breast with the other hand; He took a purse out of my breast. I had him by my two hands on each side of his jaws by his beard. I pulled a quantity of hair out of his beard, tjfonnd some hair on the following day which I handed to tho police. The hair [produced] is' the same hair I found in my bedroom the next day. I do not remember how the prisoner left my honse. The marks on my throat at present, [shewn to the Court] were made hy the prisoner. When I came to myself I saw Mrs Clore and Mr O'Neil. I am certain the prisoner is the same man that was in my house on the occasion, and assaulted me. By the Prisoner: There was another man in the house with you at Mrs Hogan's. Old Watty came and stood in the door. I had a drink of beer which had been sent for; I do not know by whom. I only had one drink while there. I do not remember asking you to see me home, but I may have done so. I was sober when I left Mrs Slogan's although I had a drink or two, as I had sent for brandy before yon came in. You might have walked alongside me in the street home, but I did not notice you. By the Court: I have never known prisoner before to my knowledge. I had money in my possession from the Bank of New Zealand on that day. I had tho money in my hand when I went into Mrs Hogan's house. She saw the money, as I put it in my breast while I was there. The prisoner was not present when I put the money in the breast of my dress. I never spoke to him before he asked me to deliver what I had got. We had no further talk before he caught me by the throat.I never had a drop to drink after I returned to my own house. He did not give mo time to say anything when he returned without the brandy. When I met Sergeant Emmerson I could not at first tell him wha(j was the matter with me, as 1 was half strangled. After the Sergeant went with me to the house T was able to tell him about it. By Prisoner (through the Court) : I am positive I never had any brandy

with the prisoner in my own house. I saw nothing in your hands whrm you came into my [)!acc. Michael O'Neil, on being sworn, deposed : I am a minor, residing i„ Mi\in street, itumara. I know the last witness. I live about three hundred yard's from her house. On the 12th Vinst., about half-past seven in the eveilfllg, I heard a disturbance in Mrs Howiey's house as I was passing by. It was the noise of a person calling out. I did not take much notice, and...proceeded on to my own house. When I arrived there I heard a window broken at Mis Howiey's place, and Mis Close (who is my next door neighbor) came to my door and I had some conversation with her, after which we went up to Mrs Howiey's house to see what was the matter. I saw some men standing in the street in front of the door. Mrs Cioso went into the door first. I coilld see nothing, as all was in darkness. Mrs Howley was screaming and saying she had been robbed of her money. T then went to the door and asked if she was sure she was robbed of her money. Somebody said " Let us go in and see ;** and we went in and struck a couple of matches. I first saw Mrs Howley by the light; she came into the bed-rooui with us. I saw a purse laying on the floor or table. It was open, and thei'o was some gold rings in. it, and we found a gold locket lying on the floor. There was a half-sovereign and three shillings lying on the corner of the table. I gate Mrs Howley the purse, who said " It is no good, my money is gone," and she took the purse and threw it away. I did not notice anything else particular ; the bed was a little tossed. There were a good few men standing in the road in front of the door when I returned, but I do not know if there was anyone standing there when I-first passed. The noise I heard was calls for " Ryan. ! Ryan !" and that was all. By the Court: I have never seen the prisoner before to my knowledge until I saw him in the dock. Mrs Howley appeared as if she had been, drinking, but could walk and talk seusibly. Henry Healey, being sworn, deposed : I am a miner residing in Kuuiara, about seventy or eighty yards from Mi'a Howiey's house. I remember Saturday the 12ih insfc. On that evening, about seven o'clock, I heard a noise at Mrs Howiey's of screams, but I dould Hot distinguish, what they were. I took no notice of it, as it is not ari unusual thing in that neighbourhood. After a time, thinking something might be the i matter, I strolled down as far as the prosecutrix' house. There was a light in the house. I heard two voices—a male's and a female's. I heard what I supposed to be the man's voice" sayings " Now Mary, do be quiet!" The female was speaking in the ordinary tone of voice, but I could not catch her words. About ten minutes after I left I heard more screams.' I did riot return. I then heard a crash through the fence, at the back of Mrs Howiey's house, arid I saw someone go down the tramway, hurryiug away. It was too dark for me to see if it was a man or a woman, but I followed this person for some distanee and I heard a noise in the bush as if whoever it was had turned off the tramway.

James Ryan, being sworn, deposed J I am a clerk, residing in Main street, Kumara. I know the prosecutrix,- she resides about sixty yards from the Tramway Station. I heard a noise at hsr house on the evening of Saturday the 12th inst., about seven o'clock. I was in the office of the Kumara and Grey mouth Tramway Station at the time. The noise continued for about a qnarter-of-an-hour. I believe I heard my name called out, but very imperfectly. I went out of the office-door, and a person passing by (the last witness, Healey) told tine that he supposed it was " Only Mary, drunk." I took no further notice of the noise after this. I heard a noise subsequently a 3 of pailings being broken and knocked down. I noticed the next morning that one of the pailings in the fence were displaced. I heard a person pass the Tramway Statiou shortly after I heard the crash of the pailings on tho previous evening. Mary Close, being sworn, deposed: I am a marrifid woman, residing in the Main street, Kumara. I have known the prosecutrix for the last twelve months ; she resides about one hundred yards from me. On the evening of* Saturday the 12th inst., between seven and eight o'clock, I heard a woman screaming as if she was choking. I could not distinguish the words. - The screaming continued for a little Svhile, and I went out; and on going to the prosecutrix' house I found her lying outside the door on her face aud hands, greatly excited. She told me she had been robbed by a. man, but did not mention his name. I picked up Mra Howley, and took her inside, and, aa Mr O'Neil then arrived, I went home

to my own house. When I picked her up, she complained of the man choking her, and I saw marks on her neck. There was a light there at the time ; it was in the bedroom. It was when I went into the bedroom with Mrs Howley that I noticed the marks on her neck. I have never seen Mrs Howley the worse for drink. She was greatly excited that evening, but she did not appear drunk. As I was going to the house I thought I heard a man's footstep going from the house. I went in by the front, so anyone might have gone out by tire back. To prisoner : I went by myself, and there was a light burning. To the Court: The footstep I heard was as if rushing through the liouse towards the backdoor. I heard struggling before I went up to the house. William Emmerson, Sergeant of Police, being sworn, deposed : I remember Saturday, the 12th insfc. Between seven and eight o'clock it was reported by O'Neil that the woman Howley had been robbed, and I was leaving for her residence, when I heard a person calling out at the Court-yard fence. I ran across and found Mis Howley there, I asked her what was I;he matter, she told ino she had been robbed. She was greatly excited at the time. She had a difficulty in speaking, and complained about, her throat being sore. I could not ascertain any particulars as to the rubbery from her then, but when I returned. she was able to speak, and from the information she gaVe me I arrested the prisoner in beddon street, in Mulligan's house. He replied " All right!" when I called him out and told him the charge. On the way to the station he said " I admit I have b«en there ; but t ran away from her because she was in a fit." I searched the prisoner, and found on him a £1 note and 14s in silver. I brought him down to Mrs Howley's and she identified him as the man that choked her. On the evening of the occurrence the throat of the prosecutrix when she laid the complaint Was very red, but next morning the marks of her throat were discolored. The next morning she handed me some •hair which she said was the prisoner's whiskers. This hair has remained in my possession ever since, and I found some also in the house myself, which, on • comparison with, the prisoner's whiskers, is similar. The prisoner's .whiskers appear as if some had been pulled out of there recently by a bald place near his chin. The belt [produced] I found in Mrs Howley's house that night, and I have tried it on the prisoner whom it fits exactly, aud the prosecutrix identified it as the one she had pulled off the prisoner. Some of the scrim was off the partition between the two rooms, and the bed was greatly torn about when I went into the prosetutrix' house on the first occasion. In the morning I found that the window of the sitting-room had been all broken to pieces. I went out to the back door and I found footprints in the garden, and on tracing them I found that they came to a place where a pailing had been knocked down. I measured the footprints and on comparing 'the prisoner's boots with the footprints they corresponded exactly. The boots were nailed, but I could not trace the nails, owing to the soil being so soft that it filled up again. By the Court: The prosecutrix was Very excited about the loss of the money, but she appeared to be sober. She could walk steadily. For the defence, the prisoner called Annie Hogan, who, on being sworn, deposed: I am a washerwoman, residing in Seddon street, Kuniara. Mrs Howley was in my house the night the prisoner came in there. There was a man named Bob there; he said he knew \ Mrs How ley. He came in while she was there. There wen; three of ns altogether before the prisoner came in. The man Bob knew Mtn Howley previously at Sandy's. The prisoner saw nothing of Mrs Howley's money while he was in my place. Mrs Howlev had money in her hand when she eame in, but none of those in the house saw it • she gave me one shilling out of it, to go and get some beer. She asked the prisoner to go home with her from my house two or three times ; but not him alone, as she wanted either of them to see her home. I know she had two tlriuks in my place—brandy first and some beer afterwards, which the prisoner procured. The prisone.r paid fur the beer. A man named Watty came in while you were there, and prisoner and Watty gave my little boy some money to fetch the beer. The prisoner and Watty had some words. Bob sent for no beer while he was there, Yv hen Mrs Howley left my place she was . siiylitly intoxicated. The prisoner aiid Mis Howley did'not leave my house together ; Mrs Howley, had gone ten ''yards before. " The prisoner lit, his pi'po

at my door, and followed her. Mrs Howley wanted to have words with me about a party who was dead. I told her she had better go home. I believe at the edge of the fence the prisoner spoke to Mrs Howley. To the Court: She was able to walk steadily when she left my house, although she was slightly intoxicated. J do not know what she did with the money. When I returned from getting the brandy, the money was not in her hand, and I did not see it after that. There appeared to be more than one note in her hand when she came into the house. The prisoner was partly intoxicated when he came into my house. [The remainder of the Court proceedings will appear in next issue.]