MAGISTRATES' COURT.

Nelson Evening Mail, Volume XIV, Issue 85, 9 April 1879, Page 2

MAGISTRATES' COURT.

[Before H. E. Curtis and W. Oi,DiiAsr, Esqs., J.J.P.] Assault. George Eden was charged with asaaulting Frank Birkett, of Hope, on the 2nd instant. Mr Fell appeared for the complainant, and Mr Pitt for the defendant. It appeared that a purse belonging to Samuel Eden, defendant's brother, having been missing, complainant was suspected of haviug taken it, and on his going (o the defendant's house to work as usual, the latter knocked him down, struck him in the ribs when he was down, and said he would cut his throat. That was the complainaut's statement. For the defence George Eden stated that on the previous Sunday he had told Birkett not to come to the house that evening, as he and his brother would be away, and he would I have a difficulty in finding a candle. N«rer-

theless, on returning at night he found him there with a candle, which he said he had searched all over the house for. On the Tuesday, Samuel Eden's purse, which was in the house on the Sunday, was discovered to be missing. (A. day or two after it was found in the roof of an outhouse.) On Birkett going there to work on Wednesday morning, George Eden told him to go away, and pushed him from the door. In the course of examination, defendant sail that just before employing Birkett to enrt barley for him, he (Birkett) had proposed that they should take money from a man named Brown, who was lying drunk near '• Harry the Saddler's." Samuel Eden being also charged with assaulting Birketi on the 4th inst., it was decided to take the two cases together. Frank Biikett deposed : A3 I was at work at the Hope railway station, Samuel Edeu came up to me and asked it I had his money, I said No, when he caught me by the throat with both hands, and said lie would choke me. Benjamin Cropp, who w;is close by, interposed, and told him to let me go. He thou dragged me by the shirt ami said he was going to take me to where ho could give me a good hiding. He took me to the road near Jessop's store. Mr and Mrs Jessop c.inie out nntl remonstrated with him, and he then threw Me down and kicked me, after which 1 pot up and went away. Henry Fanzelow was at the railway station, heard a large scream, and looked up and saw Eden holding Birkett by the throat with both ban tig. Benjamin Cropp saw Eden treating the boy very roughly. He had him by the throat so that he could not speak. He remonstrated, when Eden took Birkett by the shoulder and led him on to the road. For the defence Samuel Edeu said j At the railway station I asked Birkett if he was going to give me my purse back. He said he had'nt got it. J look him by the collar and shook him. Cropp told me not to ill use him. I then took him by the shoulder and led him on to the rend. He offered no resistance. I was talking to him about the purss the whole time. I never knocked him "down or kicked him. (Here witness was cautioned by Mr Fell to be careful what he said.) I used no violence on the road. I merely led him on to it and then let him go. I did uot see Mr or Mrs Jessop while J. had hold of him. She spoke to me after I had let him go. I did not knock him down nor did he fall down, of the Jessops interfered. Tiie Chairman : The Bench really think it time to express their opinion, and to say that they feel perfectly satisfied that the witness is sweariug falsely. Mr Pitt : Then all I can say is that the Bench is very easily satisfied. The Chairman : It is most improbable that after commencing by treating Birkett so roughly at the station the defendant would lead him qnietly ou to the road aud there let him go without further violence. Mv Pitt : You have but one witness' word against that of another, and I claim for my jlclieut tbat he has quite as much right to be rabelievcd as Birkett. MB^Mie case being closed, the Bench consulted HlKft few minutes, when HHMfc Chaih.max said : We are of opinion having missed the purse HBHBBbat; Birkett had taken it, and after ll^^HH^MDd fearing the consequences, they TaH||^HAeccessary still to maintain the cH^H^Hßkh we consider the boy to be per^^B^^^H&ht. We are borne out in this had also charged the to take money from a drunke^H^^Hfediately after which they took^HHHHßttir employ. We believe Samuef^E^Bj^^te sworn falsely, and have ever^^^Hßßfifeelicvc that the boy has told tne nnd ifc is a question whether *<^BBj^^Hfe£° be taken to prosecute the defeJH^^^Hßuirv. Mr Pitt: Whether l^HHu"! perjury or not has nothlM^S'TalP^arih * t .w assault. I trust your WorsaHHHßMfepiug to punish him for perjury The Chairman: We have Gwß^^^HHe George Eden £2, aud Samuel costs. The costs in each case amouaflßTO .£2 5s Cd. v