Resident Magistrate’s Court.

Marlborough Express, Volume IV, Issue 152, 9 January 1869, Page 5

Resident Magistrate’s Court.

BLENHEIM, MONDAY, JAN. 4th, 1869. [Before S. L. Muller, Esq., R.M.] DALZIELL V. G RIGGS A claim of £i3 3s, for goods supplied. Mr. Nelson, for plaintiff, urged that £l3 3s paid into Court that morning was too late. .. , . . M r. Pitt, for defendant, disputed certain items for hay supplied. .lames Dalziel. farmer, deposed that the first item was £-5 15s for hay at 7s per cwt , the same price as charged and paid bv defendant for a previous lot from the same stack, when he allowep him 2s on the half-ton Supplied him with a further lot in Aivust, which, being of a worst quality he charged at 6s 6d. and defendant appeared satisfied. In September he had a further supply at the same rale, no obj clion having been made to any of the charges until the account was sent in. He drew"the hay eleven or twelve miles. Defendant helped to unload some of the hay. but made no complaints. Bv Mr Pitt- —I made a reduction on the third load. Did not agree that the first load should be £6. Samuel Tiernay, of the Plough Inn.deposed that'Ke” lived near plaintiff, and knew the hay in question. He paid 5s per cwt. for some fron the same stack. At that time of the year could not go to the Waihopai and back the same day. Defen lan I ordered several lots of hay through hi u. and told him he was to pay within 3Us. or 40s per ton for drawing it. I helped to cut and load my hay at the stack. In June last they agreed at my house for £5 at the stack, and 30s or 40s for delivery. He asked me where he could get good hay, and L told him. It took two ho.ses to draw lt *By Mr. Pitt.—Was present when the agreement was made in June, but could not tell the day. . „ . . . Eiwa X d Griggs. WaihopmHotel, deposed that He purchased some hay from plaintiff on June 9, when he told him he would only charge him £5 at the stack, and cut it up for £6 Got a second load at the same price. The third load he said would be cheaper, as it was not so good. When he bought the last load, he agreed to charge £6 all round, in the presence of * By Mr. Nelson. —-Had no hay from him before June. Tiernay was there when he agreed for £5, and agreed to.bring it for £1 per ton. Ockley charged me £ I per tone for wire. The distance is 14 miles. Tiernay was not present when we agreed, and what he says is not true. Robert Sayers corroborated last witness* Mr. Nelson wished to have plaintiff re°UlMr. Pitt objected as the evidence was closed. . , .. The Bench gave judgment ‘ ol ’ phiintin at the rate £6 all round.

A long argument ensued, as to which party should pay costs. It appeared that by inadvertance a sufficient sum was not paid into Court, nor in reasonable time, therefore it was decided that defendant should pay plaintiff’s costs, £3 14s.

ROBINSON BROTHERS V. J. m’aLLISTER. Defendant did not appear. James Tucker Robinson deposed that defendant was indebted to his firm the sum of £l9 Os 10Jd, lor goods supplied at the usual charges. Judgment with immidiate execution was given for plaintiffs, with £ 1 6s. costs. m’aktney v. m’au-ister. Joseph M’Arlney deposed that defendant owed him £9 1 Os, half-year’s interest, on a mortgage, of which the deed was produced showing it was due on Dec. 10. Judgment for plaintiff with costs. WEDNESDAY, JANUARY G. John Thomas Mcßride was charged with petty larceny at the Rainbow Hotel on the evening of the 4lh inst Prisoner pleaded not guilty. Charles Purkiss, landlord of the Rainbow Hotel, Blenheim, deposed that he knew the prisoner, and saw him about 8 p.m. of the 4th, drinking at the bar. He stopped about an hour. Saw him again about 10 45 same night, when he slopped about 20 minutes, and saw him leave Witness shut up the house at I I p m. Did not serve anyone from outside after that. Served a lodger once, and went to ber.t a few minutes past 11. About 230 was roused by one of the lodgers, w ho told him some one was in the bar, and at the till. Got a light and went to the bar. Found no one there, but on looking into the till found it empty, with the exception of Is 6d. or 2s, which had worked under the slide. Had taken out the notes befo.ie going to bed, but left silver in the till to the amount of from 2os. to 40s. Wassure there was 25s in the till. Might identify one shilling, it being much defaced, but could not swear positively- Believed it to be one taken from the till. Went outside with Frank Beemsly, and there found prisoner under one of the windows of the bar. Told him to watch prisoner while I got a light, remarking that the prisoner was drunk. Put the light near his lace, and he opened his eyes; found one of his boots under the window ; asked him if it was his boot ; he said yes. He then accused him of robbing the till. He made no reply. Told him to gel up and go away, but he would not. Beemsly and I picked him up and carried him 10 or 12 yards towards the bridge. He then commenced fighting, and we were compelled to act on the defensive. Got more assistance, and secured him. Left him in their < barge while I fetched the police, and gave him into custodv-

Bv Inspector Rmerson. —Sold prisoner a pipe, for which he paid four half-crowns. Prisoner saw me put money in the same till that was robbed

In reply to prisoner, the Magistrate said the charge was modified from that of burglary at the request of the prosecutor. In reply to prisoner, witness said he had reason to suspect him. By the Court. —He changed a pound in the evening, andgave prisoner 19s. After that Mrs. Purkiss served him.

Frank Beemsly deposed that he lodged at Purkiss’s, and was there on the night in question. Went to bed at 10 p.m. Had not seen the prisoner previously. Saw him about 2 a m. walking round the house. Looked out of the bedroom window, and saw that he was in the front. He pulled the top sash of the window down, and then sat down, and I left my window. Soon after that I heard a noise at the til), and a noise at the beer engine. I then began to dress, and on opening my window saw prisoner getting out of the bar window. I spoke to him, and he said he had been shut up all night. Am quite certain it was prisoner. Went down stairs. Saw prisoner go round by the butcher’s. Went in again and called Purkiss, who looked at the till and found it empty. We went towards the bridge; coming back saw the prisoner coming from the butcher’s shop. He laid down under the window. Purkiss got a candle to see who it was. He made out to be drunk, and unable to stand Purkiss took him to the lock-up. He began to throw stones and a sheep’s head at us. Hugh Gee saw prisoner. Am certain this was the man who was coming out of the bar window. Hugh Gee came out and assisted us to secure him.

By prisoner—Saw you before you got in, and could swear I saw you get out. Had your boot off when I came to you. You asked me to put it on. You had both boots off when you came out of the bar.

John Emerson, Inspector of Police, deposed that lie was fetched about 3 am on the dtli. PurkUs t•■ld me his house hud

been entered by prisoner. Went with him and found the prisoner lying in front of the hotel. He seemed much the worse for drink. Hud one boot off, and one beside him. Purkiss told me he had lost about 25s from the till. I arrested and searched the prisoner, and found the money now produced (about 455). As I was about leaving, Purkiss picked up two or three shillings near where prisoner was lying. Took him to the lock-up. By prisoner.—Know nothing of you. The prisoner said he told the inspector he had .€4 15s from Mr. Hodson, £2 from Mrs. Newman, and £2 of his own, but the inspector had not examined into the truth of his statement. He was intoxicated when he came in. He changed a cheque at Macaulay’s. Paid him Iss out of £4 15s. He received 40s from Mrs. Newman, Om ika.

The Inspector said if the Court required Mr. Shaw, he would send for him, but it would be better for the prisoner that he he should not be sent for.

The Bench then committed the prisoner to Picton gaol for six months, with hard labor. £1 5s of the money to be returned to prosecutor, and the balance, after deducting costs, to be reserved for the prisoner. AUGARDE V. SMART. Mr. Pitt, for plaintiff said the claim was was for £7 16s, for a year’s use and occupation of premises belonging to the late Invahoe Stanley Augarde, the action being brought by his representative and administrator. A set off had been filed at 10-40 that morning, but Mr. Pitt refused to admit it. Letters of administration were put in. Mr. Nelson appeared for defendant. M r. Pitt applied to amend the summons, which had been taken out by the plaintiff informally. The word “ administrator” was then inserted alter the plaintiff’s name. Mr Nelson applied that the set off should he amended in like manner. Mr Pitt objected to the set off entirely, on the ground of too short notice Alter considerable argument the case was adjourned till Monday next, on the ground that too short notice had been given, each party to pay their own costs. AUGARDE V. ONIONMr Pitt represented the plaintiff, who was the same as in the last case. The claim was for a sum of £2O, money lent hy the late I. 8. Augarde. The sum had been asked for and admitted hy defendant. Henry (J. I/. Augarde deposed that he was the father of the late Invahoe S. Augarde, who died on the 28lh or 291 h Jan., 1868. Among the papers of the deceased he had found the note or order produced. Had showed it to defendant, and claimed the money. At first he denied the claim, but alerwards admitted it. Mr Nelson wished the case stopped, as the requisite amount of duty stamps was not upon the note produced, which he considered a promissory note. Mr Pitt applied to cure it according to the Act. The Court examined the note, the stamp on which was pinned to it, hut bore marks of having been stamped. It was remarked that duty stamps were notoriously deficient in adhesive propertise. After a long argument the case was adjourned to Monday next. HAVELOCK, JANUARY 4th, 1869. [■Before W. Whitehorn, Esq., R.M., and W. jf Douslin, Esq., J.P.] / Roger Pope , laborer of Mahakipawa. was charged with cutting and wounding Arthur Keer, mariner of Havelock The following deposition of the wounded man was read in Court: — “On Wednesday, Dec. 30th, I was at work at a new building in Havelock with Hopper, when I saw the prisoner coming up the road in company with Taylor and others. He came towards the building, and the rest on towards Smith’s I was at that time on the roof of the building, and asked him what he wanted. He replied, * Come down, and I will show you I told him I should not come down. He then called me ‘ a loafing b , and he would take the hide off me, as I was a loafing scoundrel.’ Told him 1 should not come down and make a blackguard of myself. He then made a spring at the ladder, and came up to where I was at work. He said, 4 Now, I’ll have it out of you.’ I was nailing the last board on the roof, and told him I would not fight; I then had the hammer in my hand. When he saw me lift the hammer, I was on one knee, he laid hold of the adze and raised it above his head. I then sprang to m\ feet, ho ding the hammer in his face, tel. ing him if he dared t>> move the adze <iov\» on me, I would »notk his brains out. i pushed him lie sin ruil ai d fell «'ti u

roof against the bench with, the adze in his hand, which dropped as he fell.' I then turned to resume my work with my back towards him ; I distinctly heard the prisoner say, “ Jake that, you b . Not knowing what was coming, I turned partly round, when I received a blow from an adze partly severing three fingers, and inflicting a large wound in the thigh about 7 indies long, and 1 inch deep. I called out to Hopper that I was done for, the blood was then flowing, and he and others carried me home. The adze produced is the one I was wounded with, and the shirt and trousers marked AB are those I wore when I received the injury, Mr. G. E. Levun dressed the wound, and Dr. Williams, of Blenheim, has attended me today. I consider the wound very dangerour. Was using the hammer when Pope came on the roof. By Prisoner: Did not knock vou off the roof, but pushed you. Did not see you drop the adze when falling.” Montague Adams, Sergeant of Pojjce stationed at HaveTocki depdsecT? ATiout 3 p.m. on Wednesday, Dec. 30th, received information that Roger Pope, (the prisoner at the bar), had seriously wounded Arthur Kerr with a sharp instrument whilst working on a building in course of erection at Havelock. Went immediately in search of prisoner, and arrested him on the private vvhaif; told him the charge, and conveyed him to the lockup. Afterwards visited Hopper’s to see the extent of the injury Kerr had sustained. Mr. Levien, in the absence of any surgeon, had been called in to dress the wound. I asked bisopinion whether Kerr’s life was in danger, with a view of taking his deposition if necessary. He said the wound was a dengerous one, and he had lost a deal of blood. Took possession of the adze on Friday last, as well as the shirt and trousers marked AB, which show the cut of the instrument.

Henry Hopper, shipwright, deposed that about 3 p.in. on 3'>th December, he saw the prisoner come along the street in company with Siddles and Taylor. As they neared the building, I came down. Prisoner shook hands, and said, “ You are getting on with your building.” On looking to the roof he saw Kerr, who is in mv employ, and said, “ It is you I want; come down here, and I’ll thresh you ; if you don’t, I’ll come up.” He showed me some marks on his neck, and said, “ T his is where the b scratched me.” I saw the mark on his neck, He said, “ They were done at Christmas, and I'll pay him for it.’’ He then went up the ladder, saying he would pay him now. He put his hand out towards him. Kerr rose from his knees with the hammer in hand, and said, “ If you don't go away I’ll knock you down.” Prisoner then took up the adze and advanced towards him. Kerr then pushed him off the building, and in falling he dropped the adze and fell against the bench. He next picked up the adze and flung it at Kerr, exclaiming, “ You b ■, take that. He was excited at the time, and the worse for drink, but not drunk. Kerr turned round and said, “ Oh, Hopper, I’m done for.” I went to his assistance, calling to Smith to bring something to tie round his leg ; he brought a towel, but it was too short. I sent for a doctor. The adze produced is the one used; it is my own. Kerr held up the hammer in self-defence before Pope lifted the adze. Had not a board in his hand, but a hammer. John H. Smith, harbor-master, deposed that at the time previously named he stood at his door opposite the building. Hearing two men quarrelling, looked over and saw Pope and Keer on the roof. Pope had an adze over his head, and Kerr an hammer in his hand. Both held their hands over their heads, in a threatening position, Kerr was on the upper side of the roof, and pushed Pope off, who came with his feet on the ground. Did not see him drop the adze, but he threw’it at Kerr, striking him on the thigh with great force. Kerr called to me to bring an handkerchief. I said “ he has not cut you.” He said “yes." Got a towel and ran over. He asked me to go for a doctor. I told him he had gone to Mahakipawa, but be said Levien would do. I got Levien to go up. George E. Levien. publican, deposed that

about 3 p.m. on the day named, Smith came and asked him to come and see Kerr, who was bleeding from a wound in the thigh, adding the doctor had gone to Mahikapawa [Mahakipawa]. Went to my surgery, got the necessary drugs, and went to where the accident occurred. I keep a supply of drugs, as some-*' times we have no doctor among us. Met someone carrying Kerr, and assisted them by supporting the injured leg. When near he house he fainted through loss of blood, he distance being about 360 yards; after pplving water he recovered, and we eari d him into the house, and laid him on iho d. 1 took the trowsers off, and examined

him. Found a wound seven inches long and very deep in the upper part of the thigh, ■caused by a sharp instrument. Some of the arteries were severed, and a portion of the extension muscles were severed, and also three fingers. I was three years in the hospital at Valparaiso under Dr. Ferguson. Believe Kerr would have died had I not been present, the wound being sufficient to cause death. Henry Williams, Surgeon, of Blenheim, deposed that he had examined Kerr, and found an extensive wound on the outer and ■anterior part of left thigh ; found it had "been surgically attended to. It went to the bone, and several important vessels and nerves must have been severed.. Had it not been attended to surgically, I can affirm the case might have been fatal. Do not think it could have been better attended to by a doctor. Have no doubt the adze produced would inflict the wound, which may jet terminate fatally. Kerr could not be removed to the Court in consequence. For the defence, Richard Taylor, farmer, was called, who deposed that he saw prisoner speak to Hopper, but did not hear the conversation. Saw Pope turn round and look up towards the building. Kerr and him were speaking loud, and James Pope ran to his brother, but before he could get to the building prisoner was on the ladder and got on the roof. Saw Kerr rise up with a hammer in his hand, and as Pope advanced he held it in a threatening position. Pope looked round and picked up an adze, and held it in self-defence. Kerr shoved him off, and after he fell Pope threw the adze, and it hit Kerr. Do not consider he threw it with great force. He was drunk. _ George deposed that as walking up the street with Pope he stepped aside to the building named ! witness walked on to Smith’s place; as he went heard Pope call to Kerr to come down. Shortly after saw both on the roof; Kenhad his left hand on Pope’s shoulder, and a hammer in the other. Saw nothing in Pope’s hand at the time he was pushed off the roof. Saw Pope with a hammer in his hand, and he said that was the hammer the b threw at me. Did not see Kenthrow the hammer. The prisoner said he was drunk at the time, and did not know anything of the transaction. He was then committed for trial at the next sittings of the Supreme Court.