MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 309, 20 April 1877, Page 2

MAGISTRATE'S COURT.

THIS PAY. ■ (liofora Parker, Esq., Tt.M.) ASSAULT AND BEATING. RE Joseph Congreve was placid in the docßft and charged with, that he did assault beat Charles Edward Smith, on the uighH of i■ ■1 e 10:: li insfc., at H ;rbeit. Tlie prosecutor, C. 3L. Smith, called, r,n l depose! : I am a medidH practitioner. residing at Herbert. I knoJB •he prisoner. I on (aged his wife to on "filrs. Smith (who has recently beetiH confined) while I was absent at I returned yesterday, and the neighbourSH appealed to me as a Justice of the to protect them from the riotous and dis-H orderly conduct of this prisoner. tween' eight and nine o'clock last mglitß prisoner made his appearance at imH house, and insisted on en term- my pre-M nvses in search of his wife. I tried toH persuade him to go home, and lie then* made another attempt to etiecu an cn-U trance into my place. I and several* others that were present endeavoured t,H restrain him from doing so. He then* became very excited, and challenged liieH to fight, and defied all present to prevent® him" from entering the house. lie tlienH ran at and kicked me. He was then caught hold of by the neighbors, and re-B strained from fuif er violence. I senH fr>r the police, and I accompanied tlie pn-H bis own hoive, and sat there withß him until the arrival of Constable Green,| The prisoner was suffering from the ellectsß of nlcoh'il. I The T>,r:i';ir-tra'e hen remarked that, lfg t>.e nvifoner wis under the influence of! dri ik, it did not imply wilfu. ,:onou| Prosecutor continued : The only provo-1 cation on my part was the refusal to allow! prsnner to cntsr mv house. I feel tließ eSTeits of the kick now. I was con vera-1 ing with him (the prisoner) on the roaqi her tVls ninrni;uul lie stiiJ. tluifc \yheu he sot out of this trouble (.10 matter if it yt:\h 1.-vo years afterwards) he would put .1 ball through mo. lam not tlie only person lip, lias t!i"oVeiled in tlio s:iuie nifiiiHcr. Trie also pointed out how e-.sily it could be done in the dark. I believe I have been the best friend he ever had, and there is no animus between us. I think lie is quite capable of carrying out the thr°at when excited. To the Prisoner : You gave me ten rounds of ammunition when in your own house, saving at the time that .you did not know what yoa would do to yourself when excited. Charles Winchester was then called, and I H -rbert. I saw the prisoner between i eirrht and nine o'clock last cveninsr. Ho : was making a disturbance at Dr. .Smith's : pl ; !c\ He so id he wanted to see his wife, and he cjot into the house, but she locked hers-'lf in a room out of his way. Dr. Smith told him to ,T o away. He wnstl\qr\ on*" on f.'m road. He refused to (Io go, saying he wante Ito see his wif«\ He became very excited, and a lot of peopls can gilt hoki of him. 1 was then sent to Hampden for the pohco. Constable Green returned with me. Prisoner was drunk at the time. Constable Green deposed : I received information from Dr. Smith last evening that the police wero required at Herbert. I arrived there about eleven o'clock. I saw the prisoner at his own ■ house. Dr. Smith was with him. He appeared to be more out of his mind than anything else. He was then given in ' custody by Dr, Smith on the charge of > assaulting him, and also for disorderly conduct. He became very violent, He after? wards told me he had drank three bottles of whisky that day. I arrested him and ' kept him at the 'Royal Hotel all night. He has been before the Court before the charge of using threatening "language . to Geqrge Davis, and was bound over to keep the peace for three months. This concluded the case for the prose.cution. The same prisoner was then, charged with breaking a pane of glass valued at 65., the property of Isaac Johnston, car-; 1 penter, Herbert. The prosecutor deposed : I know the prisoner. Dr. Smith's groom came over ' to my place, and I went back with him. I saw the prisoner making a disturbance there. I then went away to a meeting, and when I returned home about seven o'clock I found the glass front door ! smashed, I went to the r';.<k of the house,

i i rymg to force himself , t,u seti- if his wife was MB' || *!miMvd having broken the [ Vl ,. :l .ii! |: * * w.>uhls pay for it. E ■ . . i:,j,ll;.i at Km. i could tioS !»,>•' l.n.ken it wilfully or i t n'i'ti deposed: £ totil the „„ fclio road in the that t„ he charged with l»rmkin.j the g^B () f ir|ass, ami he said- he w;i* vexed BlmH l *' ~ritV ut w:w VVI '' UI .' t" "■jsencr plewled very hard to the Magiaallow him one more chance. I tr;ii4 then remanded till to-morrow and told that hu hail bettor be with sureties by that time. A M.lf' l r 'l' tAtW'ENf. Hiyinliam, i'atriclc iVtoyinliani, Vi\lioli.'W-l Lepri, wt:re charged, on t. : .e of William William*, with ( ,n the 'tth instant, t..1 n from one grey mare r one dray, and a of harness, of the value of ()'M".'i!,'her appeared for t!;e aeR|. who all plead Not ♦iuilfy. B (>< O'Jli iigher wis lied, before the e;vv.' ■ proctHifled with, to maki; a. proposal to ■ coiiip'ainant, which it be betVr Hum to accept. He said t lat- the horse ■mi s! icii belonged to Jamt's J[oyin!;am. Ko-piii'' uershi|> with complainant and ,• man. tie th;i.r. tic c:i.;e ■uM wit'nlrawn, anil if that, were ict H,., iind the case was rhe ■iJi.il would have the powtr to take Kim huu for malicious pro.-seeu-K, lie made the olt'ef now iu order Hr, future unpleaaantuesa rnig!a be piist Worship eaufc ; oned inl'orm.'Mit that fciythiir.r iu the nature of a e«^-partner> u'liissid of the case, even thoiigli tlier;.it only Ui< ! <-'olor of a I The ceinplaiuaut adinit.ti.d t at: th< n- I (1 lieeti a co-partnership b. tivci ii him (.111. .1; lyiuhiut.i,. but said tie y ha.l w ; j|)(. to t : e horse. j liliH Wors! Ip se'.;:;i slfd t!;."vt it w O!: h I hr ; Her lo svbmih t.he « hole of r.; p 'ri ner I iip uli'airs to som. (pialiiuil ami lUsinter- ! Ccd party I'o look into the matter and j L> 1111w t.he ahaii'H stood. _ _ I Mr. * )'Me;;,-!ier expressed Ir s u illim;- j ism t>> have l.i'e ail'air subedi ted to arht- | aliim, and named several a-.'- j mnhmt-, any one of whom mi d.r, ii, j iccpti-'d by the complainant. j 'L'lie 11.i]■ I;iiiia.iit said he wr.n wd iirf to ! ]mv the matter to be settled by any on • | UieUi'iitiemen nametl by Mr. j The cM.se was then adjourned for a. t'UY- j i,'lit, in order that it might be amicably ! t'tled. /_ t j iVTi". asked if comphvnr.nf j mill wii.h.draav the charge against hi-'' ; cuts. _ _ | ('niiiplainaut said he would do y. > in re- « ,nl to Patrick Mo_yirilia.ni and M'v'iael , :i:n, hut not as regarded -Janus a'- !