RESIDENT MAGISTRATE'S COURT.

Colonist, Volume III, Issue 308, 2 October 1860, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, October 1

" [Before J. Povnter, Esq., Resident Magistrate, and G. WmTfc, Esq., J.P.] Assault with Intent.—Matthew Prince Hargreaves was summoned by Henry Jasper, for an assault on Mathia Mill Jasper, his wife, with intent, &c, contrary to the statutes in such case made and provided. Mr. Kingdon appeared for the complainant, and Mr. Connell for the defence. Edward Evans sworn: Am ostler at Wright's Royal Hotel. Was in company with the prisoner on Saturday week; we went to Jasper's Mitre Hotel to sleep; it was then late and the house was closed; went to the back door and gained admittance to tne house. Hargreaves was in the house. After entering we went into the parlor and had something to drink. I went to bed, the prisoner lighting me. Cross-examined: It was at the back door round by Coll ing wood-street. It was a little after twelve when we first went to the house. Knocked at the back door. Some one spoke and af ked who was there. Mrs. Jasper came to the side window and saw us. After the house was opened Mrs. Jasper appeared. I had some brandy, and believe Hargreaves had a glass ot ale. Was not sober at the time. The bedroom was in front, near the head of the stairs. Heard no disturbance after going to bed ; had been drinking rather heavily and soon went to sleep. Mathia Mill Jasper sworn: Am the wife of Henry Jasuer, of the Mitre hotel; recollect the night of Saturday week last. Hargreaves and the ostler at Mr. Wright's came there; one came in the name of Mr. Jasper, and said 'let me in—it's me, Mr. Jasper; the other said he was locked out at Wright's, could he get a bed. Jasper had left ten minutes previously for Motueka. It was on account of prisoner saying it was Jasper that I opened the door. After the door was opened they -both walked in; gave the ostler a bedroom candlestick and pointed out to him his bedroom; believe prisoner also stepped on the stairs, but I showed the man his room. Hargreaves, after the ostler had gone upstairs, asked for a glass of ale. The ostler had nothing to drink, but went straight to bed; he was not sober. Hargreaves was in the p rlor when I gave him the ale on a table in a ornor of the room. He planted his back against the door and said I should not go out again until he kissed me. Told him he should not. Further than that he said he would do something different. [The evidence here given is not fit for publication.] After releasing myself I ran and called the servant. Got him down, and in calling the servant he got away before the servant came; the servant heard him. Cross-examined: ** He was quite a quarter of an hour in the house. He commenced the attack upon me almost immediately. The ostler had nothing to drink, but went straight to his bed, and i immediately after Hargreaves asked for the ale, and then commenced the assault. Hargreaves was the first I saw when I opened the door: knew the man with him to be Ned the ostler. Recognised Hargreaves as he came in. Asked him what he was doing there that time of night. My husband came back on Tuesday night and I gave him the information immediately. I screamed lustily at the time of the assault. By the Court: Prisoner did not take up the candle before the ostler. When I opened the door the prisoner came in before I had an opportunity of closing it; they rushed in. lalwaysoallmy husband by the name of Jasper. Prisoner has been in the* bar times without number. Believe he resides in Colling wood-street. Ann Beamsley : 1 am a servant in the employ of Mrs. Jasper, and living at the Mitre Hotel. i Recollect the night of Saturday week last; went [to bed at 10 o'clock that evening. Mr. Jasper I was asleep on the sofa at the time; was awakened that night by Mrs. Jasper; she called '"come down, come down." 1 did not hear any noise previously to her calling; heard some one running round the house;.it appeared a heavy step; I came down stairs directly; Mrs. Jasper was standing by the parlor table, crying. She told me Mr. Hargreaves had been in and insulted her. By the Court: Knew nothing of the matter, only" what Mrs. Jasper told me. By Mr. ConaelJ: Have been in Mrs. Jasper's employ about nine months. Mrs. Jasper sometimes addressed her husband by the name of Larry and sometimes Jasper. Thomas Reuwick sworn: Was called in to see Mrs. Jasper on Thursday afternoon last; found her in bed complaining of great weakness and great distress of mind. On examining her found a mark on the left arm of a severe bruise, and also on the right arm a slight bruise, also a swelling about the left ear, which caused her great pain on pressure. She complained of considerable tenderness round the waist. She was suffering frommenorrhagiaatthe time. One of the arms appeared as if she had been caught hold of, as there appeared to be finger marks ou the arm. Should say it had been done four or five days, and that considerable violence had been used. Cross examined: Should think it might been five days, it might have been only three. .This closed the case for the prosecution. Mr. Connell, for the defence, called Charles Henry Jennings, who said: lam a carpenter residing at Nelson, and am acquaintel with Mrs. Jasper by visiting the house ; remember the morning of Sunday week; saw Mrs. Jasper ihat morning; had a conversation with her; she told him Hargreaves had been there the night previous and attempted to kiss her, but if he came and made an apology she would forgive him, as she did not think he meant anything by. it. There was nothing unusual in her appearance. That was all that passed. Cross-examined: Hargreaves did not go with me to Mr. Jasper's, but came there afterwards with me. Went in to get a glass of ale. The servant told him of the affair first, and I mentioned it to Mrs. Jasper. Am quite positive 1 heard nothing, of it untd the girl told me. Saw Hargreaves about a quarter-past 12 in company with the ostler at Wright's; did not see either Ned the ostler or Hargreaves on the Sunday morning in question. Do not recollect telling Mrs. Jasper not to tell her husband; might have done; did not say he would sooner give £50 than he should know it, nor any words to that effect. I am positive ; quite positive. By Mr. Connell: Was at Mr. M'Gee's shortly aft» rl2 o'clock on the Saturday night: they were in company together. The prisoner on being asked what he had to say, said " 1 am not guilty of the charge." The Court said there was sufficient to send the case before a jury. He was then committed for trial, bail allowed, two sureties in £50, aud himself in £100, to take place at the next sitting of the District Court.

The required recognizances having been entered into the prisoner was liberated. The Court was crowded the whole time.

! Joseph Robert Sigley was charged with stabbing a horse, the property of G. Williams, Esq., from the effects of which the horse had died. The boy pleaded not guilty. Mr. Kingdon for the defence. G. Williams sworn: Had a horse, a bay gelding, depasturing in Vanguard-street for some time past. Last saw it alive on Sunday week, when it apS eared in good health. The paddock was fenced. [extsaw it on Tuesday evening last, dead. Thought it strange that the horse had died, and went the following morning to Mr. Brock that he might examine it, which was done on the Wednesday afternoon. Edward John Brock sworn: Was called upon by Mr. Williams on Wednesday afternoon to examine a horse in Mr. Williams's paddock, Van-guard-street, which paddock was fenced. Found the horse in a state of disease internally, with three incised wounds, such as would be inflicted by some sharp instrument; two of the wounds were near together below the lower edge ot the ribs, and the other was near but did not penetrate the chest. Two of the posterior wounds entered into one of the large intestines, the other did not. There was no blood; there was a slight rim of blood round the edge of the wound; there was inflammation. The three wounds were n«.t inflicted by one knife. Examined the parts underneath and considered the horse died from the effects of the larger wound; do not think the two other wounds were made at the same time. The horse died from peritonitis, which results from any injury to the membrane lining the cavity of the abdomen. (Part of the skin was here produced, showing the marks on it whirh were supposed to cause death.) Should say the horse had been dead about twenty-four hours. Portion of the intestine was warm. - , i Cross-examined by Mr. Kingdon : The wounds were on the near side. Two or three days might have elapsed before the horse died from the effects of the wound. By the Court: It is quite possible that the two smaller wounds might have been made after death, but certainly hot the larger one. Inflammation would not have taken place after death. Mary Jane Dean sworn: Live in Vanguardstreet. Kubw Mr. Williams's paddock; there were two horses and a cow running in it. Saw the horse alive on Monday night at ten o'clock, and saw it dead on the Tuesday. Saw no one j about on the previous night, but saw some Maoris J .go that way on Tuesday morning. There is some i land fenced adjoining Mr. Williams's I believe it belongs to a person named Wright, and the further side up the valley and the land on the other side belong to my mother. Cross-examined; There is no thoroughfare through Mr. Williams's land. Have seen some boys go through there sometimes. Four Maoris stopped by Mr. Williams's paddock, and that is where I last saw them. Wm. Robinson (12 years of age, after been asked if he knew the nature of an oath) said: Knew Mr. Williams's paddock in Vanguard-street. Saw Sigley on Wednesday morning stab the horse with'witness's knife. The horse was dead. He had not the knife with him. The horse was close to the bank near Mrs. Witney's. Saw it dead on the Tuesday night, about half-past four, and the prisoner stab it on the following Wednesday. Think he stabbed the horse to let the wind out. This closed the whole of the evidence. The father was bound over, in his own recognizance in the sum of £50 to produce the boy in t fortnight should it be requisite to call upon him, and if no further evidence on that day,,he will be discharged.