COURTS.

Thames Guardian and Mining Record, Volume I, Issue 167, 22 April 1872, Page 3

COURTS.

POLICE COURT.— Saturday. Before Jackson’ Keddele, Esq., It.M. Drunkenness. —William Wilttinson and Samuel Bullen wero charged with being drunk.—The former was fined 20s, and in the latter case the defendant did not appear, and the amount of his bail was ordered to he forfeited. Caution to Contractors. William Thackery was charged with leaving an excavation in Scaley-strcet without a light burning from sunset to sunrise.—Mr Bullen said this v/as a dangerous place. The excavation was a wide and deep one, and was a public thoroughfare. —The defendant said he was not aware the law compelled him to keep a light burning, hut as soon as his attention was drawn to the matter he put a light there, but the candle was taken away eeveral times and so was his timber. He was liable to continual depredations out of spite. Mr Bullen said the Road Board Engineer told him that it was especially provided in the contract that defendant was to keep a light burning.—The E.M. said any’ person of common sense must know that the public safety’ required a light to be kept burning in such places, even if he did not know the law.—Defendant had made himself liable to a penalty of £2O, but lie (the R.M.) would not impose so high a fine this time, but should not he doing his duty if he let defendant off for less than a fine of 40s and costs. Stray Horse. —John Coldicutt was fined 5s for allowing his horse to stray in Baillie-street. Riding on the Footpath.— John Riley for this offence was fined 2s 6d and costs. Extension of License. — An application by Andrew Dunn, of the Albion Hotel, for a temporary extension ot his license to St. George’s Hall cd the occasion of the Forester’s Ball on Tuesday next, was granted on the usual conditions. Assault. —Edward Vcrdon Dixon and Griffiths Yerdon Dixon were charged with assaulting Christian Patterson. —Mr Miller appeared for complainant, and Mr Lascelles for the defence. Christian Patterson stated: I know the defendants.

On Thursday last the bailiff and I seized Dixon’s boat in execution at Grahamstown Wharf. I afterwards went into Dixon’s place, and as soon as I got in he shut the door, seized me by the throat, and said, “ You b what have you done with my boat. I caught hold of him and laid him down on the stretcher ; then the other Dixon and Allan came into the room, and the latter got on my back and grabbed me by both arms, and Griffiths Dixon hit me and kicked me. I managed to pull away, but he followed me to the dooi and said, ,! Get out of this” —using at the same time very abusive language. I then went away, and went for the police to go back with me to get my hat, as I was afraid to go alone there, being three to one against me. I gave them no reason or provocation to assault me. All I said was, “ Mr Dixon, the bailiff wants to see you about the boat.” After the summon? was issued M'Turk, Dixon’s clerk, told me all the money would be paid if this case was allowed to drop. Mr Lascelles cross-examined the witness, but did not succeed in at all shaking bis testimony as to the assault.—William Doulan stated that, as he was passing Messrs Dixon’s office, lie heard a noise inside, and shortly afterwards saw Patterson running out, and heard him call for the police. Edward Dixon followed and called him a very bad name. Did not see what was going on inside the house ; the door was closed.— Constable Furlong stated that on Thursday last he saw Patterson talking to Mr Bullen. Patterson was bleeding and appeared excited ; be said the Dixons had assaulted him, and he wanted to give them in charge. On going to the office, observed that E. V. Dixon had blood upon liis cheek. He complained of being insulted in the office.—For the defence; George Ballan was called, who said he was in Mr Dixon’s office when lie heard a noise in the inner room, and going there saw Edward Di. on with Patterson on the top of him ; the other Dixon then interfered, and witness took hold of him, and endeavoured to prevent any further altercation talcing place. Patterson appeared excited at the time lie came to the office, lie remained at the door after lie had been told to go away four times.—John Lewis Finlay, storeman, deposed that Patterson came to the place in a very excited manner, and went into the back office, and on looking inside I saw Edward Dixon on bis back, and Patterson pummelling him. Griffith Dixon came and pulled him (Patterson) away. Patterson and E. Dixon were botli bleeding.—John Cross, contractor, deposed to seeing Griffith Dixon bundling Patterson out of the office. Did not see Patterson struck, but merely pushed out. —Mr McTurk, clerk to Messrs Dixon, was also examined. —The R.M. said lie would reserve judgment until a cross-action had been heard. George Burk Allan was next charged with assaulting Christian Patterson, and pleaded not guilty.—Evidence was given similar to that previously adduced.— Edward Dixon stated that Allan did not assault Patterson in any way. When the squabble took place, Allan interfered to keep witness back, and tried to prevent any further row taking place Allan was acting as a peace-maker.—The witness Finlay was also examined.—The R.M. said the weight of evidence was in favour of the defendant, Allan, who was discharged.—Patterson was next charged with assaulting Edward Verdon Dixon. The evidence in the former ease was taken as given, and Edward V. Dixon stated

that instead of his assaulting Patterson, it was Patterson who assaulted him. Patterson was very much excited, and flew at witness like a wild cat and scratched his face. [The defendant’s face bore marks which went to corroborate this statement.] A acuillo ensued, and Patterson got witness do ami —Tho R.M. said the evidence was somewhat conflicting, but lie considered tho balance of testimony’ was in favour of ■omplainment in the last case, and against Patterson, who, it would appear, had first caused hostilities. Patterson would he fined £l, and the other cases dismissed. Assault. —Charles Curtis, landlord of the Pacific Hotel, was charged with assaulting Francis O'Connor by striking him in the face with his clenched hand. — Mr Miller appeared for defendant, who pleaded not guilty’. Complainant deposed that on Thursday night last there was a row in one of the rooms between witness and a waiter, and Mr Curtis came up and said, “ Clear out, the pair of you, or I’ll give j’ou a hammering.” Witness was in the act of going up stairs to his room to pack up his things and clear out when Mr Curtis came by and, witness asked him for £3 which was owing. Mr Curtis said, “Yes, I’ll pay you,” and struck him several times. —The defendant called Daniel Bull, who said he heard a scuffle 'going on in the dining-room of the Pacific on Thursday night, and went in. The two waiters were squabbling. Mr Curtis told them to clear out. Complainant said lie would go as soon as his wages were paid. Mr Curtis told defendant lie would first have to pay for the damage he had done to a vase of fruit. Did not see Mr Curtis strike complainant. —Mr Curtis stated that, the two waiters got fighting, and a valuable vase of fruit, worth £lO, was smashed. He told them to clear out. O’Connor wanted a cheque for his wages then and there, but he (Mr Curtis) said, “See what damage you have done.” O’Connor said that was a nice way to get out of the paying, and kept on giving cheek. He (Mr Ciirtis) then pushed him out, but did not strike him.—The R.M. said the balance of testimony was against Mr Curtis, who had no right to strike the man, although there was considerable provocation. Under the circumstances, the mitigated penalty’of 10s and costs would be imposed.