RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2829, 9 March 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before W. Fraser, Esq., B.M*) DBUNJUtMNMS. One individual was charged with this offence and pleaded guilty. He was punished in the usual manner. .. UNLAWFULLY TETHBIINO. George C. Best was charged with unlawfully tethering a goat in Eyre street, Shortland. . Mr Brassey appeared for the defendant and pleaded guilty.. '.:'■• . Fined 2s 6d and costs. . ; • CUKBLIIO. • James Thompson was charged with unlawfully allowing gambling at his licensed house, known as the Thames Hotel, oa Sunday last, the 3rd inst. Defendant said that there had been no money passed. There'had been a game of cards for drinks on. Saturday night, not on Sunday. . Mr Bullen, asked that His Worship reserve hii decision until after the heariag of auother case, which t|ad a bearing on this one. '".'

n,.rr|' i BOWDY EIHAVIOVB. & Cranie, Henry Kemp, Peter Petersen, and Jamesßinney were charged with behaviour in a public place, to wit, Grey street; Thames, whereby a breach of the peace was occasidned, on Sunday morning last. ■' '.•; .' „_i t. ;..'■- .' Mr. Macdonald appeared for. the defendants Caroie/ Petersen, and Binney, irhjo pleaded not guilty. Kemp pleaded .guilty. ,-.:.'•' .•,:.••■'•■<• ■ ;/:'':>^---.-. ■.•• Mr Bullen stated the ease. ,

Constable Scott, sworn, deposed—l am stationed at Shortland, and was on duty there on Sunday morning: last, the $ r d inst« and Saturday night, the' 2nd. I know where the Thames Hotel is. It is in" Grey street. ■':' It ii.'jr public house. When in Pollen street my attention was drawn to the hotel by cursing and swearing and qtiarrelling in front of the. hotel. I was eighty yards a^ay.' The four defendants were there, and a man named Biley, Cranie was putting on his shire. This was at 2 o'clock. Kemp was bleeding from three outs in the face. Before I came up I heard Kemp say, "Take him off; I've had enough!" When I came up they were all swearing together. I said to Kemp and Cranie, "You two men have been fighting, and I'll report you for it." Kemp said that they had been card playing, and the three pitched on to him and beat him. I told the others that I would report them too. Bihney said "'What the — do I know about it P " He then called

me a -——. ——.. I went up to arrest him, and caught him. ' Ha dropped and hurt me between the legs. I fell over him, and wai so much hurt that I could' not effect the arrest then. I blew the whistle for assistance. Kemp said that Petersen .had. encouraged Cranie to beat him. I brought Kemp to the station to" see if he had any serious cuts on him. 'By "Mr Macdonald—After JBinney knocked me down I did not strike anyone. Petersea aiked why I knocked him down. I told him he was drank.. William BUey, sworn, deposed.-r-Ijre-collect being at the Themes Hotel on Sunday morninglwt* saw tbjß iour defendants there, dome of them were playing cards. for. drinks. They had a dispute about it in the hotel. Thompson, the landlord, was there at the time. They went outside,- and Cranie and Kemp had a' fight. I did not hear Pet«r«en encourage Craoie to hit Kemp. Constable Scott came up, and Binriey made use of ah offensive expression to him, and the constable laid his hand on him. Petersen said nothing! -'* ■' ..:-... , ; \By Mr Macdonald — Scott knocked Petersen down. ■ - Kenip-was the.instigator df the fight. The landlord turned them out, and the fight then took place. . Cranie went out at the back door and Kemp at the front!; I went out with Kemp and tried to get Kemp to go away. It was 20 minutes after.Kemp went out that the fight took place.' '.'..--.■■. Henry. Kemp, sworn, deposed—On Sunday morning last I with others was. flaying cards at Thompson's. V Cranie and were playing off, and the others told him what was in my Jiand. I got up and said. I would :not play any: more.and Cranie. and me' had a row. We went out and and itiley told me I was man enough for Cranie. I fought him then, and the eon* stable came up, and Bihney made some offensive remarks tathe constable. - The constable tried to arrest Binney and was knocked down.

This concluded the case for the prosecution. ■ .-''./ ' .'■■"

Mr Macdonald Mid that lie admitted that Binney and Cranie had brought themselves within the: Act, but Petersen had been guilty of no "offence against the law either by word or Act. ... . > v" Peter Petersefl, nworn, depbsed-^-I was at the Thames Hotel and law ihe fight. I did not encourage either combatants, and never said a word; '•■.■■■ -'A '•}], -:m'i-.- •;.»<:;•

,;'" Henry Crtnie and James Binners worn gave corroborative evidence*; Peterseh never took part in the row.at ill. ■" ; .. His Worship said. Peteraen would be discharged. Kemp would te fined 40s and, costs or 14 days' imprisonment, and -Cranie and Binne7 20s and costs, or in default seven days- imprisonment. Thompson would be fined £6 and cb?ta.

■ ; .:,.-,. . " ASSAULT. ' '.!•'.'''. 7. ;,' „! Nixon Scott was charged, with unlawfully assaulting Peter Fetersen on Sunday morning-last. :-; - •■■'■ '-;;1'; '-■■ —> ■■:' . Mr Macionald for the plaintiff, and Mr Brassey for the defendant. Pete,.' Peterien, sworn, deposed—l was at Thompson's hotel whea Constable Scott came up on Sunday morning last. When he caiie up he asked what was going on. „ Binnsytii4« «n insulting answer, and Scott caught told of him and they both fell into the gutter. ScotL got up and came and straok me knooking me [down/ Scott s.id nothing. He struck me behind the ear. I got up and as^ked him what he struck me for, and he said if I said anything mere he would put me in " chokey." 1 told him to put me in "chokey " if I had done anything wrong. I followed Scott otcr to the station, and Scott told me to go away. - '■ By Mir BraEsey—When I went to the station there was no one there but Scott,' as far as I could see. I was not drunk. I did not speak a word before JI was struck.* Biimey and Biiey saw the whole affair. Cranie was drunk. Scott bl&w hiiiWhis^le, and knocked me dowii after, I

think. I cannot swear that positively. When Scott got clear of Binney, he came up to me directly. I complained of this yesterday after I had got the summons under the Vagrant Apt. .1 was summoned on Thursday evening. I told my mate of the assault on Monday. I did' not com. plain of the assault to any constisble except to tbo one who served me.with the summons. > ' ■ :,-■ 'By Mr Macdonald—l had no interest' in the dispute at cards. Binney was my partner. James Binney,-sworn, depose£~l wa,» in Thompson's public house when the card playing took place. I did not play at f 11. and. I had * scuffle in the gutter, and then Scott got up arid struck Petersen and knocked him down.

By Mr Brassey—Petersen was standing against the wall of the hotel at the time of the assault. Thei-e.were several others present at the, time. When Scott went over to the guard house Petersen and I went. When Petersen got up after being struck, he said, •• By ——.Scott are you mail or drunk P " We went to the guard house to ask Scott why he had. tackled me and struck Petersen; He said if we did not clear out he would run us in. There was no other policemen present. Scoitwas drunk. > .;. '-■

Henry .Cranie, sworn, deposed-—I saw the tussle between Scott and Binaey. I Was there up to the'tinfe 1 Bebtf sounded tb« wt&stle, and then went iW»y. Soott herer struck Petersen alithe (ime I was there. lam Yore of* it. I M hooked it "•■ home is hard is I could when the whistle sounded. ' '.;; \ _ '.f>^-'<i'^^j> ir-:>^*i:'' '■■'■ '-'^filliam Siley, sworn, deposed-r^lv WM: present when Scott cam* «p. and oollared no.ld of Binney. 4 They fell^ Scott. Rot up and r struck Peterien. -! Peterwik'.-wat' close to me at the time. He bWi? inter. fered with.Scottat "all. ;';:, ...; f By Mr Brasse'y—Eempwmsnearatlhe time also.. The Msault t<>ok place before the whistle sounded., Detective Brendan \ came to me and questioned me' ibout the affair, but I never mentioned the assault, i James Thompfon, sVorn, " deposedAfter I put out the maa on Sunday mornI ing, I and my wife went to bed. We looked out at the-window.and .saw Petersen lying on the broad of his biok.: I did aot see what put him there.; ■ After Peter» •en was on his back the whistle want. When the whittle sounded; three or four of them ran away. Afterwards-Peterson told me that Scott had knocked him down. This was on Monday' between breakfast and dinner. I never told Brennan I .hid lean- the assault because he did not ask me. '.'"'.'

Emily Thompson, sworn, deposed—l am the wife of the landlord of the Thames Hotel. (Witness here corroborated the former witnesses'evidence.) I saw Scott knock Petersen down. ' '

By Mr Brassey^-1 haw frequently seen Petersen in the bar since Sunday. This concluded the case for the prosecution. ■ ; '.' '.. .-:" ''.'' ' ; ";" ,;;.'.. .

Mr Brassey addressedthe Court, pointing out that the evidence for'the nrdiecu,tion was rery suspicious, and looked, like is if a conspiracy had been formed to bring Scott into disrepute. !;>* Detective Brannan, sworn, deposed—l have questioned several of the witnesses in the.case. I asked them for a full account of the whole affair, «nd no mention was made of Scott assaulting Petersen. .• ... , Ji■%*■;■, r.~'^ Henry Kemp, sworn, 4 deposed—l was present. when the; row took place., I never saw anything take place between Scott and Petersen.' If Scott had struck him I would haveseen it. :' Petersen'said *' Scott you struck me." This was before the whistle sounded, ■ J'r^.i'/';.'-- -'M ;.;' Const. Cleary, sworn,' deposed-^I 're^ collect' Scott" 'eomfrig to the station on 1 Sunday morning, and waking' me up^. Kemp was there too. Kemp was bleeding at the time. Scott was quite sober..' : Const: Scott, sworn, deposed—On the night in question after the souffle with 'Binney, I saw Petersen standing near me. He asked me why I knocked him down.i-I never Struck him at all. I never saw him fall. I believe Petersen kicked me in the thigh. - •<: .- is Frederick Wilson, sworn, deposed—J am Petersen's mate. Peterien-told me on Monday that Soott the policeman had struck him. -" ' ; ■

His Worship said to his mind it was quite dear an assault had been commit* ted. The defendant would be fined 20s and costs, or, in default, 7 days' imprisonment.* If the police authorities took the same view of it as he did, the defendant would be discharged from' the police force,' as he was not fit-to be in it. . T: •-. Court adjourned.'