THE COURTS.

Marlborough Daily Times, Volume II, Issue 186, 31 December 1880, Page 3

THE COURTS.

I HFBTDTCNT MAOr.ISTRA.TEB’ I COURT. ! BI.KN'IIK[M. Wkpn KAO AY. Due. 20. (Before If. Mclntire, Esq., R-M.) rs*iwvrrr.t.v worxmNfi. : Owen Martin, of Blenheim, laborer, was j charged with unlawfully and maliciously I wounding Jeremiah Flynn by striking linn ; on the ley with an axe. Mr McNab appeared for the accused, i fSergeant Goodall, who conducted the I prosecution, saitl he was not prepared to I complete tlm ease to-day, but he would call Uhe evidence of Dr Gomvn and other wit- , nesses, and would then ask for a lemaiul. Mr -MeXah said he would prefer a i remand now, the accuse. l being admitted j bail, but if the doctor's evidence was gone ! into then lie submitted it was with the un- | derstanding that the witness could be i recalled. . Doctor Henry lv Comyn, a legally I qualified medical practitioner, stated that he saw the man Flynn at the South Star Hotel the previous day lying on a sofa. He was suffering from an meised i wound oil the outer side of the right leg. The wound was about three inches long and extended into the splint bone of the leg. The wound was over ail inch m depth. Some of the fibres were severed, there was also a slight cut on the left hand and a scratch on the left hip. The skill was cut on the hand and hip, but the wounds were | slight. The injuries were inflicted by a ! cutting instrument such as an axe. the : patient is unlit to attend here to-day. He j may he able to attend the Court in a fortj night or perhaps sooner. ! By the R.M The splintbone is injured, i The patient will probably recover in three ! weeks. The injuries are not serious, j By Mr MeXab The only element of danger in this case is that an artery may have been injured. The man was under the influence of liquor and that might affect the wound. If he is a man of intemperate habits that might retard his recovery. Police-Constable Rogers stated that in consequence of information received he went the previous afternoon to the South Star Hotel, and there saw Jeremiah Flynn lying in a room off the bar on some chairs. Witness had some conversation with him and afterwards saw the accused and brought him into the room where Flynn was. Witness asked Flynn if that was the man who assaulted him. Flynn said that it was the man. M itness looked at the wound on Flynn’s leg and then took Martin in charge, telling him it was for violently assaulting Flynn. The accused, after being cautioned by witness, said he did not care ; Flynn had been teasing him and calling him a North of Ireland Orangeman. This led to a seuflle in the backyard, and in self-defence lie struck Flynn with an axe in the leg. By Mr MeXab Flynn said nothing at all about the matter. Flynn is a tall, big man. The accused is said to he a cripple. One of his arms is disabled. He would not he a match for Flynn. Flynn appeared to be under the inilucucc of drink and as if there had been a row going oil. Bv [the Court : —The accused was not drunk. Mr McNab said the defence would he that the accused was set upon by this great big Irishman (Flynn) and had to defend himself. Mr Goodall said this was all the evidence lie would offer to-day and would ask for a remand to such a date as might be convenient. Mr McNab said he was prepared to offer bail. The Resident Magistrate said lie would agree to accept bail for Martin s appearance in a fortnight, the accused in LSO, and two sureties of 1/25 each. Mr J. Barry and Mr Casey entered into the required sureties and the accused was then remanded for a fortnight.

Tuimskoay, Duo km unit MOrir. I’.KKACH OK SIIKEP ACT. Mr.l. MV Nicholson, of Benhopai, was charged by Chief-Inspector Bayley with driving 400 sheep along a highway without a permit. Mr Sinclair appeared in support of the charge. Mr Nicholson pleaded guilty and said this case had arisen out of a mistake. He had sent notice in writing to the Inspector which was left at Renwicktown to he forwarded, but through some negligence on the part of the person to whom it was entrusted for delivery it had not reached that officer in time. He (Mr Nicholson) had understood from Mr Sutton that he could send away these sheep, which were clean and well dipped, but this it appeared was a misconception of Mr Sutton's meaning, as he subsequently said his remarks applied to stray sheep only. The Chief 'lnspector said in this case a penalty was not pressed for as it was not contended that Mr Nicholson had intended wilfully to evade the law, but the matter arose through a mistake of his own, and the Inspector could not pass it over as he had no discretion in the matter, ard great injury had resulted to the district, probably more so than in any other, by the driving of infected sheep through the country. He would, under the circumstance", he contented that the lowest, or no penalty should be imposed, on Mr Nicholson undertaking to pay coses. The object in bringing the ease forward was to give it publicity and that it should act as a warning to others. The ease was accordingly disposed of on the defendant paying costs. RESIDENT MAGISTRATE’S COURT. if Avr: lock, Dkck.miskr 27. [Before MV E. Dive, Esq., J.P.] Clarke Ramplin and James Bemington were charged with being drunk on December 25th. Both pleaded guilty, and were dismissed with a caution. On Monday, December 27th, John Bumble was charged by Sergeant Hogan with a breach of the Vagrant Act, lS6(i, by playing in a public place in Havelock with an instrument of gaming or pretended game of chance. Thomas P. llalpin, aged 14, stated : —I live in Havelock, and visited defendant’s stand where I saw persons taking chances at the wheel of fortune, one oi which I took, for which I gave Is. That was the tin case in use at the time. I took a piece of paper, marked ‘‘Tobacco Pouch,” which defendant gave me (now produced). That is the only chance 1 had. The case was adjourned till Thursday, January 13th, on defendant entering into his own recognizances for the sum of LIQ to appear on thatflate.