RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1715, 24 March 1888, Page 2

RESIDENT MAGISTRATE'S COURT.

Geraldine—Thursday, Marcs 22, 1888,

[Befora Captain Wray, R.M., and A. H, Brisco, Esq., J.P.] ASSAULT.

W. R D. Lawsoc was charged on the information of John Mundell with having assaulted him on Saturday, .March 17. John Mundell, sworn, said that on tho date mentioned he went about a quarter to nine to the Crown Ho’el to enquire if one of his grooms was there. Thomas Markham, the proprietor of the Hotel, s iid tiie groom had been there but had gone. A man named Squires was there, md he (witness) was talking business with him. They went into a little room behind the bar, and had been there for a few minutes when Lawson came in, and when coining into the room ho pushed witness against the table. Told him that he need not do that as there was plenty of room without pushing him against the table. Defendant said : “ Are you speaking to me I’’ Witness eaid no more and defendant struck him behind the ear three times.

To the Bench ; Defendant struck witness without any warning—without stating in any way that he was going to do so. Was looking through the port hole from the little room into the bar. Mr Markham came in, and two or three others, and got hold of Lawson, and witness went homo. Lawson appeared to be quite sober. To Defendant: Did not push yon against the wall. Did not say 11 Ton ——*, Ido not want any more of you." To th« Bsoch ; Defendant cut witness behind the ear, Had no previous words or quarrel with him. Gave him no provocation whatever.

Charles Squires, on being sworn, deposed to being present on the occasion in question. Was in the Crown Hotel with Mr Mundell, and in a short time Lawson came in. As far as witness could remember defendant pushed up against plaintiff, Gould hot see if it was done purposely or by accident, Mundell said he wanted no mors of that. Lawson said “You want no more of whatl” Mundell called out for Markham, and Lawson struck him two or three times on the back of the head without any provocation as far a* witness could see.

To the Bench ; Was not aware of any orevious quarrel between the parties. L twson seemed to be sober. He appeared to witness to be the aggressor. Mundell did nothing to provoke assault. Defendant struck plaintiff severely. Did not know the cause.

Thomas Markham, proprietor of the Grown Hotel, sworn, said he remembered the evening in question. Saw the altercation between plaintiff and defendant. Mr Mundell being in Iho room, he (witness) went from the room into the bar anil wae serving some drinks there. Heard the quarrel or the indications of it. Saw Lawson strike at Mundell, but could not see if lie lit him. Saw Mundell with blood behind the ear. Did not hear any provocation, Mundall sang out to witness to stop it. Witness came out and Mundiill was in the passage and Lawson in the room. Did not know the cause of the quarrel. Lnvson seemed sober. Defendant sai I, in defence, that when entering the room ho was pushed by accident against pl aintiff. Plaintiff turned round ami said ; “You——,l wantnomore of that.” Defendant then hit him with his open band. DM not strike him three timss. Was surprised to be summoned for il. It was on'y a bit of fun. The Bench thought it was ratherpoor fun for Mr Mundell. They considered there had bsen m justificAtion for the assault. They iirrlß'siond defondant was not in very affluent circumstances, or they would order a heavy fin©. Defendant would be fined £1 and costs, or 48 hours’ imprisonment. ALFEGtBD LARCENY. Angus Fyfe and William JFyfe, two boys, were charged with having on the 19th inat. stolon 4s in money, Is in postage stamp: l , and a quantity of liquorice and raisins, of a total va'ue of ibout 7a 6d, Hie property of William Clark, of H-mldine. Inspector Thompson, of Timaru, conduced the prosecution.

Mr J. Hay appeared for the defendants, who pleaded “Not Guilty.” William Clark, storekeeper, Gersldine, sworn, deposed that he knew defendants, vho lived next door to him. He (witness) left home about a quarter past eleven on Sunday last. Saw the boys standing at their gate as he left. Was absent till about 7.30 in the evening. Left uo one tu the house. When he came bick, after getting the horse out of the trap, Mrs Clark told him there had been somebody in. The meat, which had been left in the cupboard when he wont away, was scattered all over the room. Found that it had been attempted to remove a pane of glass with a chisel. A pane that had been cracked had then been broken, a hand inserted, and the fastening undone. Went to the till, ®nd saw someone had been there. Looked the shop all over, md found that several things had beea taken. Knew someone bad been at the til , as the money was all taken. Had seen about Is 6d there when he left. In the evening it was all gone. Looked the place over, and then went and brought down Constable Willoughby. Took him in and showed him everything. Had some postage stamps in the drawer when ho went away. They were gone when lie came back. Had liquorice in the store in a tin in sticks. There wore a few pounds in the tin. When he returned there were but some five or six sticks left. Had some raisins upon the counter. They had been interfered with. Had opened the box on the Saturday and aken out two pounds, and when he looked at the box he saw a good few pounds had been taken, and some were scattered upon the floor. Had examined the place inside and outside. Found outside the footmarks of two boys, one bigger than the other. Could tell they were boys’ footsteps by the size. The one was larger than the other. Had a conversation with the boys in the presence of their father since then. It was on Monday last. Went to their house. The father was present, and jthe boys said they knew nothing about it. Asked them who gave them the liquorice, and they said young Dickons. The boys also had a 6d and 3d. Asked them where they got these. The big boy said young Taylor gave him the 6d, and the other said he found the 3d in front of Gibson’s, They liad no authority to go into his (witness’s) place. To Mr Hay ; My house' is in Geraldine, next £o Mr Fyfe’s. During the ‘ time I

was away Mrs Clark was with me, and also the little girl. I locked up when I loft. Looked round and saw everjthing fust. Thera is a back, front, and side d or to the house Took the key with me. L oked at the windows before I went out, on I they were all fastened. The window v. s open when I came back, and it was h. iken open while I was away. The i, side fastening was undone. There was i- cracked pane w-hen I left, but the glass w 3 not out. The garden is not dug up imnd the window oul&iJo. There is sand nii I gravel thsre. That was where I saw (l o footmarks. Could toll a footmark in s :id and gravel. Discovered these after I c ime inside and saw what was missing. Ti at was between 7 and 8 o'clock. I found them with a candle. Did not measure them. Did not see any other footmoiks under the window. Broke th® box of raisins open on Saturday night to serve customers. Mrs Clark serves in the shop as well as myself. There might have been 60 or 70 pounds of raisins in the hex. I did not weigh them when I came beck on Sunday night. Took no par* tit ular notice of the raisins on Sunday morning.' Mrs Clark drew my attention to them on tho Sunday night. Abont eight sticks of liquorice go to the pound. Did not take particular notice of th® liquorice on the Sunday morning. Did not miss It till the Monday morning, when 1 went to serve about half a pound, and found that was about all there was. When first I saw the boys the father was not present. The second time I saw them the father was there, and cross-examined the boys with rac r Tbs father came up to Mr Taylor’s with me, and the boy Taylor said he did not give young Fyfe the 6d. Went down to Fyfe’s house and questioned the boys, and the father flogged them to get the truth out of them. Tho boys held to their story that they did not take my goods. In spite of all the flogging the boys said they did not tak® the stuff. I did not search the boys. 1 left it all to Constable Willoughby. N® stamps were found upon them. The boys had no liquorice or raisins when I saw them on the Monday following. Tfhen I saw them they had no postage stamps to my knowledge, but the thing waa quite in Constable Willoughby’s hands. Constable Willoughby was present when I asked them about what they had got. Boys have never broke into my house before. Those boys were going into their own house when I saw them on Sunday morning, Oonitable Willoughby, Geraldine, deposed that information was laid with him on Sunday evening by Mr Olatk that his home had been entered through the window and sundry goods stolen therefrom. Went to tee (he place. Saw part of a pane of glass was out through which the catch of the window could be slipped. It was not a largo piece, but a triangular piece. To Inspector Thompson: It was in the upoer sash, about sft Sin from the ground. Witness continued : Went inside with Mr Clark, and saw the state of the curtains, etc. Clarke showed him where the things mentioned had been found, but when wit* ness arrived they had all been removed. Saw the footmark! made by the boys. They were made by hobnailed boots, and must have been nearly new. They were not complete, or be would have measured them, The front part of the footmark waa complete enough for him to tell the sis a, and judge the age of the boot. Having received information from the schoolboys that the aoonsed had liquorice and railing in their possession, went down and asked them where they got them. Angus Fyfe said he bought what he had with a sixpence that Harry Taylor gave him, and William Fyfe said he picked up 3d rolled up in a piece of paper. Was not certain that they said where they had bought it.

To Mr Hay; The footmarki under the window were not oompleto. Was able to tell the boots were new by the roandness of the heads of the hobnails. The impression of the first part of the boot was perfect enough for him to judge the size and age of the boot. It was about sft 6in from the ground to the place where the window was opened. Had not found that any stamps had been sold at any of the shops, Did not find that a large number of the school children had been investing in liquorice and raisins. The schoolboys said they had received the liquorice and raisins from these boys. To Inspector Thompson: There was a sill on the window outside. The distance from the till to the opening was about 2ft fin, Thomas Spillane, a boy of about 12 years of age, son of Michael Spillane, Geraldine, sworn, deposed to knowing the boys, who attended the same school as himself. Saw them last Sunday afternoon by Mr Tishet’a about one o’clock. They were going to the church. They stopped and spoke to him. and gave him some liquorice. The liquorice was in round sticks, like the one produced. They had about two sticks between them. Did not know where they got it. That was all he knew of the matter.

To Mr Hay: Did not know at how many shops he could bay liquorice in Geraldine. Fisher’s was not very far from Clark's. The boys were going to church. They were going from their home. The boy> at the school often bad liquorice. There was nearly always liquorice at the school in some boy's possession. Had sometime! got liquorice from the boys before, just like that he got upon the Sunday. Harry Taylor, ion of Bobert Taylor, Geraldine, sworn, deposed to going to the same school as the boys, bat no money passed between him and them, They gave him some sweets, liquorice, and lollies, nothing more. They did not say where they got them. Did not give them any money. Was quite enrs of that. To Mr Hay: Did not hand the boys money or anything on the Monday. It ie a common thing at the school to have liquorice and lollies like those I got from these boys. Thomas Ooogan, a boy of about IS years, gave similar evidence as to seeing the boys with the liquorice on the Sunday, and obtaining some from them. William Clark, recalled, \in reply to Inspector Thompson, said the stick of liquorice produced was his; he handed it to Mr Willoughby, To Mr Hay: It is a side window where the pane is broken. Mr Fyfe Uvea in the direction th«t the window looks to. Have got brisks stacked up in front of the window, so that nobody eould see if the boys were at the window. A person might be able to see them put in their hands, but could not see them at work. This wai the oaie.

Mr Hay, for the defence, contended that the charge had completely broken down. There was nothing at all to connect the boys with it, or to warrant their being brought before the Court. It was difficult to see

why the police had brought the charge. The stamps and raisins had not been found in their possession, although the police had doubtless searched the house. The money they had accounted for. Although Taylor bad denied giving the boys sixpence, it had not been proved that there was'a six* pence in Clark’s till, and a little girl could be brought to prove that something was passed from Taylor to Fyfe. The footsteps might have been those of any boy. Then, again, the broken pane was Cft fin from the |roun<l.

3Jh«9 were no marks upon the sill to show that anyone had been there. These boys, too, had no raisin*, and the whole thing turned upon the question of this liquorice. They found that the boys had two stick* of liquorice on Sunday afternoon about I o’clock. Ihe liquorice could be got at any of the store* in the place, and it wai a very common thing for the boys at the school to have liquorice. ‘Then, too, the boy* had asserted their innocence, and, although they got a severe thrashing from their father, they had stuck to their story like little men. He (Mr Hay) thought the police had been very unguarded in bringing up two little fellow* on such an accusation. If the Bench though there was a prima facie case he would call evidence, but ha did not think any evidence was neces "&a Bern* Ml ftm nidrao. to rapport the oWge, mdalthragh there were suspicious circumstance*, the information would be dismissed. CIVIL OASES, Judgment was given by default for the amount claimed, and costs, in the following **s! ! Fisher v. J. D, Gore—Claim 17s lOd. balance of account. - , B. Millard v. same— Claim £1 Is for iiivice* rendered. The Court then rose.