MAGISTERIAL.

Lyttelton Times, Volume LVII, Issue 6508, 5 January 1882, Page 3

MAGISTERIAL.

OHBIBTOBUBCH. Wbdhhsday, Jaw. 4.

(Before John Marshman, and G. L. Lee, Esq..) DHtrKKBKNMS.—Three lint offenders were fined 5b each.—Mary Cunningham for being drank in High street on the previous day, was fined 10a.—- John Hizon mi charged with drunkenness in Colombo street the daj before. The Bench decided to attach the highest possible penalty in this case on account of the prisoner's previous cosviotions, and inflicted a fine of £3, or in default seven days' hard labour. Laeobhi.—Charles Edward Marshall was charged with the larceny as a servant of four spoons, four knives, two forks, one steel bit, and one book; the articles being valued at £1 6s, and were the property of F. Macjiean Stewart. The accused pleaded guilty to the charge. Sergeant Mason said that prisoner had been employed by Dr Stewart as groom for some time past, and the artisles enumerated above had been taken by him during his term of employment. The Bench sentenced the prisoner to one month's imprisonment with hard labour. Crra CABM.—Judgment was given for plaintiff by default in the case of Hazard v. Patterson, claim 3s 6d. Cother v. Doyle, for value of window tickets returned. Mr Salter for plaintiff; Mrßaphael for defendant. Doyle had executed some window tickets for Cother, some of which were stated by plaintiff to have been not according to order, being lithographed instead of printed. Doyle had previously obtained judgment for the value of the whole of the tickets he had supplied Cother, it being lsft to the latter to prove the return of those not according to order. The Bench were not satisfied with the evidence adduced, and the case was adjourned to Thursday, Jan. 6.—Ernest v. Weetbrooke, senior, claim £1 16s for rent. Mr Spackman, for defendant, pleaded bankruptcy, and that, defendant's name was not Weetbrooke but Green. In a rent-book produced defendant's name was entered as Westbrooke, and the plaintiff swore that he had seen the name of W. Weetbrooke on a signboard over defendant's door. Defendant said his name was John Green, and denied having borne the name of Weetbrooke. Judgment for plaintiff, with costs.—Ernest v. Westbrooke, jnn. Claim, £1 9s on a written promise to pay. The defendant was the son of the defendant in the last case. He gave his name as Walter Westbrooke Green, and asserted that he was under age. Mr Spackman produced a family Bible, with an catty of birth in support of the assertion. It appeared, however, that the defendant had signed an informal promissory note for the amount olaimed in the name of Westbrooke, and judgment was given for the plaintiff with costs.

AMBBELEr. WIDNB3DAT, JAK. 4. (Before F. Courage and A. Broadfoot, Esqs.) DBUHK AND Disobdesly.—T. Johnston was charged with this cffenee, and fined £l, and costs. ABHBUBTON. Wbdnksday, Jar. 4. (Before J. Beawiok, Esq., 8.M.) AILIGBD INHUMAN ASSATOT AI A Hotbi.—Patrick O'Shaunaasy, hotelkeeper, and John Kellar, labourer, both of Waterton, were oharged with having, on Deo. 21, at Waterton, assaulted and wounded Biohard Ohudley, gardener, at Mr John Grigg's, Longbeaoh. The information and complaint were laid for an alleged indictable offenoe. Mr E. O. Crisp appeared on behalf of the proseoution ; Mr 0. W. Purnell, for the prisoners. Sergeant Felton watched the oase on behalf of tie police. Biohard Ohudley deposed :—On Deo 26,1 was at the Waterton Hotel, kept by Mr O'Shannassy, arriving at a quarter past 7 o'clook in the evening. A quarter of an hour afterwards, O'Shancatsy brought in the dioo, and " they" were playing up to 11 o'olook. He told Kellar to see me up to bed. I started to go upstairs, and Kellar helped me up. As he did so, he put his hand in my vest-pooket, and took out some silver. When we got to the top of the stairs, I challenged him with having taken my money. Kellar then told O'Shanuassy, who was at the bottom of the stairs, that I had oharged him with robbing me, and O'Shannassy said, "Bring him down." I oame down, and O'Shannassy took hold of me and threw me out on to the verandah, at the same time striking me on the buck of the head. He then got me down on the verandah, and lashed my hands behind me. Kellar was helping him. They both then came out and dragged me for about 20 yards, O'Shannassy striking me several times in the face. They dragged me to the baek yard, and lashed me to the wheel of a cart. I was kept there till daylight, when a woman, who was passing, went for O'Shannassy Both the prisoners and Mrs O'Shannassy oame out, and Mr O'Shannassy said they eame out to let me away in time for my work. They then let me up, and took me inside and gave me some brandy. When going to bed, I was under the influence of drink, but not very drunk, and I reoolleot all that took vl*»- . l °» Ta no* been able to wxwk since. I have been

under Dr Boss' treatment. By Mr Purneß: I was refused drink at Quill's Hotel hut night, because they thought I had had to* much. I had no drink before I went to O'Shannassy's. I recollect Mn o*Bhannasey telling me that I had paid her 2s for my bed. After coming downstain I did not run out to hail a trap which was passing. I did so bofcre I went upstairs. I have been on "the spree " for several days since the eveningl was in the hotel. Frances Edge, wife of W. Edge, labourer, of Waterton, near the hotel, deposed: I recollect the morning of Tuesday week. Between 1 and 2 o'clock I heard a man making a noise. I went out at 4 a,au towards the hotel, and saw a nan lying underneath a cart. I went round the house and told O'Shannassy, and he went est and loosened the man. The man told aw ho was gardener to Mir 'r-ige. Crewexamined: I saw the broke >w.do» aboat 8 a.m. The same morning t'<- <v tt f ramete my gate, and asked me to eay I*< «•» thing about the row. He offered ■.»• a ri.-kef brandy, but I refuted to t"-i>- it ; f» did not make any complaint t- m« William Whinray, ploughman, depose! : On the night in question I passed the hoi el at 11 p.m. I saw O'Shannassy, Mn O'Shannassy, KeUar and prosecutor standing outeide the hotel They were " barneying "about something. I heard O'Shannatiy tell Xellar to get two saddle-straps. John Collison, farmer, deposed: I saw Eellar and Obndley there. Ohudley was not drank. He was in front of the bar. I left about half-past niae. Police-Constable Neill deposed: I went to Longbeech on Dec. 28, and saw Candler. I brought him to the hospital. On Saturday I arrested O'Shannassy on warrant. He said, " He came downstairs and broke the window, and I made him fast with straps." I afterwards arrested Kellar. He said, " All right." Dr Boss deposed: I saw Ohudley at the hospital on Friday. He appeared to have been drinking. He had two blaek eyes, a bruue over one side of his head, and small bruises on one arm and on his wrist. Ido not think the bruises were snfßcient to prevent his going to work at the time I saw him. The bruises on the face might have been selfinflicted by a drunken fall. Both prieonen reserved their defence, and were committed to take their trial at the next sitting of the Supreme Court, to be holden at Christchurch. Bail was allowed, O'Shannassy in £IOO and two sureties in £SO each, and Kellar in £6O and two sureties in £25 each. Bail was forthcoming. A good deal of interest wae manifested in the case, the Court being crowded with country people during its progress.