RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5353, 24 May 1878, Page 5

RESIDENT MAGISTRATE’S COURT.

Thuusdat, May 23. (Before J.' 0. Crawford, Esq., E.M.V' Thomas Smith, for drunkenness, was fined. 55., or in default 21 hours' imprisoisment. THANSFBU OF LICENSE. 1 James Brown applied to have his license for, the Queen’s Hotel transferred to John Robertson.'—Granted. V’"''’ [ '!! ASSAULTING A CONSTABLE.' 11 • « , . Thomas Stevens, J. Harvey, and Thomas Stowgrt were each charged, on remand, with assaulting Constable Coffee while in the execution of his duty in Manners-street on the 18th instant. ■ ■ ■ Mr. Buckley appeared for the accused, and pleaded not guilty. ■ Sergeant Smith conducted the prosecution; ■ ! ■ Patrick Coffee, a 1 police constable, deposed that he was on duty iu Manners-street on the night in question. 'He was standing opposite McDonald’s pastrycook’s shop. Pour men were in the centre of the road making a noise. When- witness ■ spoke to them one of the four ran away. . The prisoner Stewart'struck witness on the mouth, and Stevenson caught hold of his (witness’s) arm. McDonald at this time opened his wiudow, and sang out, “ Shame, shame'; dou’t'kill tKe man.’ 1 -' They then ran away. Harvey was the last man to go. Witness was knocked down, but afterwards got up and caught Harvey in Cuha-street. Witness was .hurt in the stomach. He was so bud that he had to consult Dr. Diver.

' By Mr. - 'Buckley : The prisoner who rim away at first was named Bell; he was drunk. I had one glass of stout at the Edinburgh Hotel. I had ho other drink' that night. Never had a glass of ruth hot. '■ Never pushed Harvey off the footpath and told him to clear off. . Alexander McDonald, pastrycook, said that ! he heard a noise in front' of his house in' Man-, ners-atreet "on 1 the night in question. He saw three or four men in the middle of the road. He also, saw'a constable there; Witness sang out to the men, and when they heard his voice they all rah away. ' By Mr. Buckley : I have known the prisoners for some time ; .they have been in my employment.. l always fouud'them Very steady men, and had no fault to find against them.' w : Constable Smart stated that he was on duty, oh the might in question. He saw Constable Coffee arrive at the policegtation. Coffee was very excited,'but quite sober. The prisoner was not drunk. Coffee’s nose-and mouth were bleeding. Mr. Buckley said that, he would produce .evidence from three respectable witnesses, who would all swear'that the prisoners were not making any noise until they were interfered, with by Constable Obffee. The prisoners were standing quietly outside'Lpdbhry’s shop, when Coffee 1 came up and 'pushed one of them in a moat injudicious manner., ' r 1 George Towefsoyy a baker, stated that at half-past one o'clock of the 18th instant he saw Constable Coffee in the Duke of -Edinburgh havinga drink of hot grog. He thought it was rum.

1 By ’.Sergeant Smith :. I could not swear posi-r tively that it was Constable Oofleo' I saw, but my belief is it was him. John Holloway, a baker, said that he saw a constable standing at the bar of the Duke of Edinburgh Hotel about half-past eleven o’clock on Saturday night. ' ’ Ev Johnstone said that ho was in company with the prisoners on the night in question. None of them wore drunk. 1 They wore making'no disturbance when the policeman came up to them. The policeman pushed Harvey, and told him to.clear off. . : The three prisoners all stated that they wore perfectly sober.on the night in question. Tho constable came up and pushed Harvey ,in a very rough manner. Mr. Buckley said that his Worship 1 would see from tho evidence that tho defendants were not to blame for what had taken place. On the contrary, the constable had acted most indiscreetly,l and had very foolishly exceeded,his. duty. . . ' His Worship said one point was very clear,, viz., that there was no noise, created until the constable came up. It was certain also that Harvey had nothing to do with the row. From the evidence there was a certain amount of misconception in the constable’s statement. His Worship also stated that he considered tho constable had exceeded his duty. Tho case would be dismissed. . ‘ . 7 1 ' CIV/t, CASES. , '

W. James v. G. W. Beer.—Judgment summons for £27 18s. I Id. Defendant was nr-' dered to pay 20a. per week. J. McDonald. v. E. Mirbaoli.—Judgment summons for £7 12a. O’d, Au order was mado for the’defendant to pay the amount, in fourteen days. ... The estate of John Morris v. Win, Ebdon. —Claim, £IOO. Judgment for plaintiff for £l3. In the following casus judgments were given for tho plaintiffs for the amounts claimed and costs George Pouud v. J. Moran, claim, £1; P. Moeller v. Chadwick and Belcher," plaim, £2O 3a. Bd.; B. Plimmer v. L. Wilson, claim, £3 12s. 6d,; Zohrab and Co. v. J. A. Heaton, claim, £B2 6a. 6d,; S. W. Alcorn v. E. H. Vincent, claim, - £2 135," Gd. f .