MAGISTERIAL.

South Canterbury Times, Issue 2390, 13 November 1880, Page 2

MAGISTERIAL.

TIM AIUT—TUESDAY. (Before it. Boetbam Esq., 8.M.) DISCHARGED WITH A CAUTION. Joseph Hawley was charged on remand with presenting a loaded revolver at Edwin Best, with intent to murder. Mr Hamcrslcy appeared to defend the accused. Prior to the commencement of the case, Inspector Pender intimated that he proposed to abandon the more serious charge against the accused, and substitute one of assault, and after some discussion the case proceeded. Edwin Best, tailor, Bcswick street, Tiniani, deposed that on Wednesday evening, Nov. 10, the accused came into his shop. He was the worse for liquor at the time. He asked to be supplied with some oysters. Witness replied that they were out of season. He said, ‘•You area b liar.” Witness remonstrated with him on the violence of his language, and said that if he would come round in the morning perhaps he might be supplied with some oysters. As he confined to use bad language bo was told he would have to be put out if [be would not go out of his own secord. lie thereupon called witness a b tailor, and witness pushed him out. He then put his hand to his breast, at the same time exclaiming ‘‘ I’ll soon iix you, you b——Witness turned away from him, not intending to notice him any further, when the next moment he saw a man named Byrne grasp the accused’s arm. Ho was holding a revolver and Byrne called out to witucsss to take it from him while he held him. Witness wrenched the revolver away from him, and he ran away up the street. Thereupon gave information to the police. Had never had any quarrel with the accused or even passed the time of day with him. By Hr Hamers!cy—The oyster shop is rented by Mr lingers. Witness had nothing to do with it, except to take the rent. 'Was sober at the time Hawley came in, but had had a glass of beer perhaps live minutes before. Hud had live or six glasses of beer that day. The eifect of beer on witness was to make him one of the jolliest follows in the world. (Laughter.) Had to take a glass or two occasionally in the way of trade.

. George Ryrno, painter, Timaru, deposed to hearing a sculllo going on between accused and the last witness on the evening in question. Came out of the shop (Rogers’) to sec what was the matter. Accused was standing outside Rest’s shop, and witness saw lie had a pistol. Rushed at him, and held Ids arm while Rest took the revolver I'rom him. Ry Mr Ifamersloy—When witness seized accused’s arm his hand was on the pistol, and the action of seizing his arm made him pull the pistol out of his pocket. Ilis Worship said that this being the case it would be useless to proceed further, as the pistol had evidently been pulled out as the result of an accident. The accused would be discharged, but he must be very careful for the future. When under the inti nonce of liquor he was said to bear anything but a peaceable character, and a loaded revolver was a very dangerous thing to be carrying about in one’s pocket. Jf the accused would take his (Mr Reetham’s) advice he would get rid of it. The accused then left, and the Court then adjourned.

SECOND EDITION