RESIDENT MAGISTRATE'S COURT, COLLINGWOOD.

Colonist, Issue 54, 27 April 1858, Page 2

RESIDENT MAGISTRATE'S COURT, COLLINGWOOD.

21st April, 1858. Thomas Pettipher, Arthur Hurley, and Thomas ..Browne Recce, brought up by the, police,—Pettipher.charged with assaulting the-police in the execution of their duty, Harley with aiding and: assisting him in the same, and Recce with attempting to rescue, the other two while in custody of the police. . • : • ' .< : James R^y, being duly sworn, saith—lam» constable, and reside at Collingwood. About two o'clock this morning I was outside Mr. Ingham's public-house, when I saw Captain Lookett strike Mr. Recce; 1 went between them in the execution of my duty as constable to prevent a fight; Pettipher was there as well as Harley, and Pettipher was urging the parties on to fight, when I interfered to keep the peace ;■ Pettipher struck me, and put himself in a fighting attitude; I struck him return, and went in with Lockettvwho took me in to tell me how the quarrel beganbeiween him and Recce; while I was talking with Lockett, Pettipher came in again and struck me; he then ran out,and Stewart and Hyhes. followed him; the next time I saw him he was handcuffed and in custody; as we were taking* him to the lock-up, Recce, obstructed our passage",- threw off his jacketj put himself in a fighting attitude, and said he'd be d ■ i, -d before, he allowed Pettipher to go to the lock-up; I then assisted Hynesto take Recce into custody. . ■.. .'.,;. .-.."■• '■;".'.'^ ', "■ '. ':-' '■•■ Cjross-examiiied by Pettipher: You did §trike me; it was certaihly.'befoire ~:~'s[^Struck you; you: were encouraging the fight between■ Recce and" Lockett; Recce did hot strike Lockett.

Stephen Reardoh, being sworn, said:.! am a constable residing at "Collingwood; tills morning, about two o'clock I went.inta a room in Ingham's public-house, where.l saw P^tipher strike Riley J at that time Riley was talking to Lockett; he deliberately struck.jfciim.in."the. face without any provocation; Pettipher weht: out immediately • Harley was there too, and encouraging Pettipher to strike Riley; he said strike the beggar, or words to that effect; I took Harley into custody; when 1 got him outside, he; got away from me, and ran away; we followod them, and caught Harley; Pettipher was in ; custody; we were going with the prisoners to the?6ck'-tip, when Recce came up to us, took off his cokt, and said he would not allow Pettipher to go to the lock-up j he put himself in a fighting attitude, and stood out as if he would strike' us; Hynes and the others took him into custody. .. ■ _ Cross-examined by Pettipher: Riley was talking to Lockett when you struck him. .": William James ' Hynes; being sworn, said: I am a constable, and reside at Collingwood; I was at Ingham'^public-house at about two o'clock this morning, when his daughter came and told me there was a row at the back of the premises; I went to the bar, and saw Pettipher coming from the back part; there was such a scuffle that I could not tell whether he was forced out, or walked out; I let him pass; I then heard that he had struck Riley; I then resolved to take him into custody, but lie ran away; we followed, and liar-, ley called out, go it Pettipher; <Wt let the beggars catch you; I at once took him into custody; when we were ; near Inghara's, Recce came up and said, where's Pettipher; Hynes, you., beggar, I know you; Recce said the prisoner should not go

to the lock-up; he held up his hands in a fighting attitude, so I took him into custody; wo brought them to the lock-up; Recce was drunk-; Pettipher was a little in wine; Harley was sober. Cross-examined by Pettipher: You did not offer any resistance after you were taken, nor did you use any abusive or bad language,; you told Recce to go away and not interfere. John Lockett sworn, said : I am a storekeeper residing at Collingwood; I had a quarrel with Recce during the night at lngham's public house; Riley interfered to separate us; I did not see Pettipher strike Riley; I did not see any one strike him; there was a skirmish; I did not see Riley strike Pettipher, or any blows given; I was perfectly sober.

Thomas Steward sworn, said: lam a constable residing at Collingwood: I saw Pettipher. strike Riley in lngham's kitchen; he struck him without provocation; it was about two o'clock in the morning; I had not seen any disturbance outside previously ; lngham's daughter told me to go into the kitchen, when, seeing Pettipher strike Riley, I took him into custody; Recce attempted to rescue Pettipher and Harley as we were taking them to the lockup; he came to the front of the house, and said he would not have them taken at all; he pulled off his coat, and put himself in a fighting attitude ; I assisted Hynes to take him in charge. . Cross-examined by Recce: You did not strike any one whilst in custody; you said you would see me d -d before they should be taken. ■ The Magistrate, after cautioning,the defendants, arid inquiring if they had anything to. say, committed them: for trial at the Supreme Court, accepting bail for their appearance to the amount of .£l5O each. . '.'..■' - ' -