RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXX, Issue 4341, 17 February 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, February 16. (Before J. C. Crawford, Esq., R.M.) ASSAULT. John Kane was charged with assaulting his wife, Margaret Kane. Complainant deposed that her husband frequently abused her, and upon the last occasion struck her a blow which loosened one of her teeth. She desired, therefore, that his Worship would take him away from her, as she didn’t want to live with him. His Worship said they must arrange that matter between themselves. In the meantime • defendant would be fined 405., and ordered to keep the peace for three months—himself in the sum of £lO, and two sureties in a lire amount. ANOTHER CASE. Lewis Moss and James Jenkins were charged with assaulting Archibald Whitetord, but as there, had been: some, mistake as to the day upon which the case should, be heard, it was adjourned till Thursday, on the application of Captain Moss. ASSAULT AND THREATENING LANGUAGE, G. H. Quick was charged with using threatening language toward Win. Bramley. . Mr. Travers appeared for the complainant, Mr. Gordon Allan for the defendant, Mr. Bramley, gardener, in charge- of the Botanic Gardens, stated that persons were cautioned by notice posted at the gate that dogs brought into the gardens would be destroyed. On Sunday the defendant came into the gardens with a dog, and witness asked him to take it out. He said he should do so when he went out, and witness then seized the dog and told defendant to take it out. Defendant then took him by the collar, and said if he was not an old man he would smash him. Mr. Buchanan and Mr. MoNab were present at the time, and Mr. Buchanan advised defendant to behave himself properly. Defendant then took the dog away, but said if plaintiff was a younger man he would have given him a dressing there and then. Seven swans and eleven gulls had been killed by dogs brought into the gardens. By Mr. Allan : Never experienced any trouble from dogs unless they w-ere brought in by visitors. There were valuable trees close to where Quick and his dog were lying down. He didn’t say it was all right, nor did he say he was going directly. Witness said he should be obliged to take the dog, and did so, handling him as quietly as possible. Defendant . told him to put the dog down, and witness said he would put him down outside the fence. He then took hold of ■witness by his clothes, but did not use any violence. Witness said “If you touch ine I'will down you.” He went right through the grounds dver the hill. ■ t .John Buchanan, draughtsman to the Geological Department, met the defendant in the Botanic Gardens on- Sundayv with. his ‘ dog, about 100 yards ’from the gate. Mr. Bramley. ■told him it was against the rules to: bring in dogs, and told him to take his dog out; • He Said he would take his i dog out when it suited

his convenience. After some time Mr. Brainley said, he would take the dog. The defendant tthen got up and collared Mr. Bramley,. (threatened to knock him down, and held him for ..some time. The defendant then went right through the grounds with the dog. Many birds had been destroyed by dogs. Mr. J. McNab and Mr. Mcllvride gave corroborative evidence, and the evidence for the defence was then taken. . G. H. Norman said he was a friend of Mr, Quick’s, and went with him for a walk on Sunday. They,wept to the Botanic Garden,, and defendant lay down on Mhe grass, the dog being close by. Several came up, and Mr. Bramley spoke-about the dog. Defendant said he would take the dog out when he went out himself ; but Mr. Bramley said he must take the dog in chargfe, and did so, lifting him off the ground by the neck. The,defendant took Mr. Bramley by the wrist, and told him he must leave the dog alone. Saw no violence used except toward the dog. The case was dismissed (with a caution on payment of costs, £2 17s. - : . drunk and incapable. . Edward Jerningham Wakefield was charged' with being drunk and incapable. . In reply to.the Bench the prisoner made a stammering statement, the purport of which was that he didn’t know whether he was drunk or not. XJltimatply he point blank denied the charge. Constable Gray stated that at half-past one o’clock in the morning he found the prisoner sitting on a doorstep near North’s barber’s shop, in an incapable condition; Took him to the lock-up, where he remained’all night. Prisoner : Is it the custom to search prisoners when they are brought to the station. . Inspector. Atchison: Yes; it "is the custom. Prisoner' Then why was I' not searched. You see, sir, I have upon me, a knife—(knife flourished exultantly)—-with which I might have cut my throat. Sergeant Monaghan : Yop couldn’t have cut your throat, sir you were incapable. Youare charged with being incapable. Prisoner : That’s no matter'.'You ought to: have searched me, and . not left this knife on me. In Christchurch the police ; always searched, me, and took away even -my pockethandkerchief. His Worship fined the - prisoner 55.,,iu default to be committed for twenty-four hours. Prisoner announced his intention of proceeding against the police. for, false-imprisonment) and asked his Worship how he should proceed to obtain redress. for having been thrust into gaol, and kept without any,breakfast., His Worship said that was no business of his, and recommended Mr. Wakefield to consult his legal adviser. Sergeant Monaghan ordered the prisoner to “stand down.” , ’ . t Prisoner said he .wonld.not “ stand down” at the command of a policeman,'and then again appealed to his Worship as_to the means of obtaining, redress.The constables in attendance then proceeded, to remove Mr. Wakefield, who offered considerable opposition, and increased the difficulty of the constables by “ sitting down to it.” Eventually he, was removed by main force and conveyed to;a cell) where he produced a half-sovereign, and demanded change. The constable asked for the half-sovereign to go and get the change,- but Mr ; "Wakefield de'clined to put his trust in policemen) and clung fondly to his half-sovereign, v. THtimately he consented to the half-sovereign being “ melted,” and upon receiving his change, he made a rash for the court again, where he declared that he had been assaulted-by the police on leaving the court, and that he had 'offered to pay his fine, and Sergeant Monaghan would not take it. Sergeant’ Monaghan':’,' That, sir,, is . a deliberate falsehood. You were asked several times to,give up your half-sovereign in order that it might be changed, and you declined to do so. , Mr. Wakefield again desired to he informed how he should proceed to obtain redress, upon which His Worship instructed the crier to call the next case. CIVIL CASES. The long list of cases in which the Titanic Steel Company appeared as plaintiffs was finally disposed of. The evidence taken in Dunedin was read) and some technical objections raised by Mr. Travers for the defendants overruled. Mr. Hart appeared for the company, and after considerable argument, judg- - ment was given for the company, with costs. The Court then adjourned.