RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXX, Issue 4479, 28 July 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, July 27. (Before J. C. Crawford, Esq., E.M., and J. Dransfield and E. J. Duncan, Esqs., J.P.s.) DBUNK AND INCAPABLE. John Bums was charged, on the information of Police-constable Buchanan, with the above offence. There having been five previous convictions against the defendant, the Bench inflicted a fine of 205., in default seven days. John Hull, found guilty of a similar offence on the information of Constable Stewart, was fined 10s., in default forty-eight hours’ imprisonment. DRUNKENNESS AND VAGRANCY. Ann Matthews was charged as above. The defendant bore a very indifferent character, having only been released from gaol last Wednesday. Sentenced to three calendar months' hard labor. SUSPECTED LUNATIC. Thomas Rodd was charged by Constable Fleming with having threatened to drown himself. On the information of Mr. Baker, that he had known the accused for the last sixteeu years, and that during that time he had borne a good character, the Bench ordered him to be remanded for eight days. ASSAULT. A complainant, Mrs. Lary, charged Charles Mclntyre with having unlawfully assaulted her. It appeared in evidence that the complainant sent a dish containing a dinner to be baked at the defendant’s oven, and that the dish was broken in the process. The defendant supplied a fresh dish. The complainant was not satisfied, and came in the evening to the defendant’s shop. An altercation ensued, when the defendant ordered the complainant to leave the shop, and on her refusal pushed her out and locked the door. Case dismissed. ANOTHER ASSAULT. Edward Tomlin was charged by Mary MoGavin with the above offence. The complainant deposed that the dofend.vnt tore out some of her hair (hair produced), and Knocked her down and kicked her. The defendant deposed that he was a Maori half-caste, and that the dispute arose about some ducks, but that he would not have committed the assault had he not been drunk. The Bench observed that it was necessary for him to learn that he must not assault women in the way described, and fined him £5, and costs of Court. AGGRAVATED ASSAULT. Mrs. Harry alleged that the defendants, W. Robinson and Charles King, did commit the above offence. Mr. Buller appeared for the prosecutrix, and Mr. Allan for the defendant Robinson. The prosecutrix deposed that the defendants came to her house in Quin-street about half-past one on Tuesday morning last, and demanded to be admitted. She refused, saying it was too late. They then broke open the door. She had a lodger in the house named Burgess. When the defendants broke open the door she asked Burgess to go and fetch a constable. During his absence, the defendant King knocked her down and struck her heavily on the face. He also dragged her into the bedroom at the back and attempted to take liberties with her, the defendant Eohinson holding her legs. She ran out of the house, with the blood streaming from the blows that she had received. She became insensible. When she came to she was on the sofa and Dr. Harding was attending her. She felt in much pain. By Mr. Allan; She was a married woman. Her husband lived at Lyttelton. She had not seen him for two or three months. She got her living the best way she could. Admitted she had been intimate with several men since her husband had left her. Had been so with Burgess. She struck King after he had struck her. Robinson told Bang to go home. When the defendants were struggling with her in the bedroom, she cried “ Murder.” She told the doctor the defendants kicked her.

By Mr. Burgess: Burgess pays me 255. per week for Iris board and lodging. Burgess came in soon after five o’clock.

By defendant King: Did not strike with the poker until King caught hold of her. Burgess was the only man in the house at the time defendants came there. King did batheherface. ,v Dr. Harding deposed that he was sent for to Mrs. Harry’s house. Her face was scratched, both eyes were bruised and there was a slight cut over the temple. Leris Burgess was then examined, and his evidence corroborated that given by the prosecutrix, and was to the same effect.

Mrs. Mary Barry deposed that she recollected the 20th mst. She heard a cry of murder. She got up and opened the door. She saw the: prosecutrix running up the street. Caught hold of her and took her into her house. She then went into complainant's house to see who was there. She saw the defendants standing in the front room. The complainant’s eyes were black aud blue, her nose -was bleeding, and her temple was cut. While she was there the police came in and took the defendants into custody. She nursed the prosecutrix till the morning. By Mr. Allan : She was a married woman and had a family of children, and had no lodgers.

Constable James Farrell deposed that he recollected the 20th instant. In consequence of information he received from the witness Burgess, he went to the prosecutrix’s house, and found her outside the fhouse and Mrs. Barry holding her up. Her face was bleeding. Her left eye was bleeding very much. The lock of the door had been forced. It seemed to be a good lock. He took the defendants in charge. Mr. Allan, on behalf of the defendant Robinson, quoted authorities to show that the Bench might exercise a discretion in allowing one defendant to give evidence exculpatory of another defendant, provided the evidence adduced did not exculpate himself, and, therefore, asked that King might be heard on behalf of the defendant Robinson. The Bench, with the consent of Mr. Buller, who appeared on behalf of the prosecutrix, ruled that King’s evidence might be taken. Charles King deposed he was a seaman ou board the Collingwood. W. Robinson was a saloon passenger. They went to the prosecutrix's house on Monday night. He had been there before. He knew the prosecutrix. Robinson caught hold of him, and said, “ King, we had better go down on board the ship."’ Robinson told him not to strike the woman. He did not see Robinson in the bedroom with the woman. He did not catch hold of the woman nor kick her. He did not see Robinson assault her in any way. The Bench, after due • consideration, discharged the defendant Robinson, and fined the defendant King £lO, in default two months’ imprisonment. civil oases. There were ten civil cases. Five were adjourned, two in which the amounts claimed were paid into court, and in the rest judgment for the amount claimed was given, with costs.