RESIDENT MAGISTBATE'S COURT

Thames Star, Volume IX, Issue 3005, 2 October 1878, Page 2

RESIDENT MAGISTBATE'S COURT

THIS DAT.

(Before W. Fraser, Esq.j R.M.) ' DBUHXENSESB.

One individual was punished for drunkenness. . . ASSAULT ON A CONSTABLE. ' Joseph C. Williams was charged with a b reach of the Vagrant Act by making use of abusive language in a public pkee, at 1.30> tEis morning, and also with assaulting Constable Baldwin whilst is the execution of his duty.' < Mr Miller 1 appeared: for defendant,; who pleaded not guilty to both, charges. . . ' At the request.of Mr Built n all wit* nesses were ordered out of, Court. He then stated the facts of the case. Constable Baldwin, sworn/* deposed— I am stationed at Grahamstown, and was on duty last night from nine o'clock till fife in the morning. I know the' defendant, who is licensee of the Provincial Hotel., It is licensed to keep open till 10 o'clock. At 11.30 last night I bad occasion to enter the hotel, but didn't see defendant I then proceeded on my beat. Some time after I was standing-at the corner of Albert and Queen' streets, and defendant came up to me. He said " You're the man that- cleared' my-house! ain't you P" I said I was. He said " You're a mean —— cur. Why didn't you go and clear out Yaughan's." I said I had cleared out Yaughan's. „ A man named Rafferty then took him away Id his own house. ' I followed him down to, bis own place, and he was shouting that I was a " mean cur " and " a sneak.'! Rafforty got him inside, and I went away to the corner again. He came out after* wards, and went to Yaughan's corner, op* posite to where I was standing, and called out "Why don't you go and clear out Yaughan's." He then came across, and said " I demand you to clear that house." I said, " Gro and mind your own business! It's not your business.' He called me a '" cur," and shoved me in the chest. I told him if he did that again I would lock him up. He pushed me and, then knocked me on the ground, skinning my hand. He threw me several times, and I blew my whittle, and Constable Poole came to my assistance. There was a sailor present; also a barmaid, and a man I don't know. With Pcole's assistance I put the handcuffs on defendant, who struggled violently all the time. Defendant was not drunk, though he was the worse of drink. , By Mr Miller—-The assault took place about a quarter to one. I entered the hotel first at about half past.eleven for the purpose of clearing it. The people there did not dear out, as they were not drinking at that time. The barmaid was behind the bar, which I did not enter. I spoke to her through the window, 56.1 know she was there. Mrs Williams was not present at the commencement of the assault. Eafferty would have heard the abusive language., I arrested Williams for assaulting me while in the execution of my duty. I did not assault defendant first. Defendant said, " You cleared me out pretty sharp.. Why don't.you go and shut Yaughan's up P " When he threw me down he was on top of me, but I rolled over on him. I told defendant what I arrested him for when I got him in the station yard. Defendant asked me to let him go, and summon him in the morning. By Mr Bullen—When I went in first I could hear the people talking inside. Before the scuffle I requested Williams to go home, and I only threatened to lock him up after he pushed me. James Sullivan, sworn, deposed—l am a first-class petty officer of H.M.S. Nymphe. lam on leave. I was at the Bank corner at the time of this row. I saw defendant and a constable *talking, and then saw the constable fall. down. 1 then went into the hotel, and when'l came out I heard the constable say, " I'll lock you up for knocking me down." Constable then arrested defendant, with the help of another constable. I don't think the constables used great force. By Mr Miller—lt was pretty dark, but I could see. I may have cried, out " Shame!" at the way defendant was treated. I heard defendant ask several times why he was arrested, but did not hear the constable arrawer. Of course defendant resisted. ;

Fanny Honeycomb, sworn, deposed— I am employed at the Queen's Hotel, and was standing at the door after 12 o'clock.

I saw defendant and a constable talking at the hotel 'corner. I heard them talking, but don't know what was said. I saw the constable knocked down, and then I went up stairs. The row took place on the footpath, I am sure. John Kafferty was called as a witness, but did not appear. Mr Bullen stated the subpoena had been duly served.

Constable Poole corroborated Constable Baldwin's evidence. By Mr Miller—l didn't hear Baldwin tell Williams what he was arrestecffor until they got into the station. Constable Baldwin, recalled, deposed— The first assault took place at the Bank comer, but 1 was afterwards assaulted at. Vaughan's. Dr M. H. Payne, sworn, deposed—l was called to visit the Police station this morning. I saw defendant there, and was under the impression that he had a drop too much. I was in a thundering rage at being sent for for a pieoe of. tomfoolery. By Mr Miller — Excitement would cause Mr Williams to be in the state he was in. . . ; Mr Miller said that Mr Williams had informed him positively that the constable assaulted him first. The constable had cleared the house a few minutes after ten, and Mr* Williams twitted the constable for not clearing Vaughan's, and the constable threatened-to lock him up. Williams defied the constable to arrest him, and Baldwin put his arm round defendant's waist and threw himdsjfrh. He asked leave to examine the defendant and his wife. -•:•::•

Hia Worship gave permission* Joseph C. Williams; sworn, deposed— A little before 10 o'clock I came home from the theatre, and went'to the billiard ioom. A few minutes after the girl came and told me that Baldwin had cleared the house. I went out to see Baldwin, which I did, and asked him why he had,cleared me out so sharp, fie told me to shut up and go home. I told. him to c clear out Vaughan's. He threatened to lock.me up, and I defied him several times. Hethen put his arm round mj waist and threw me down, and with the assistance of Poole I was taken to the station, Eliza Williams, sworn, deposed—l un the wife of defendant. (Wifeew corroborated her husbrnd'a evidence relating to the assault.) . ,-,.,,','.. Sergt. Jackson, sworn, dejpoted—Constable Baldwin' went m to oleartEe hotel at 11.30. „, His Worship, said. he, would dismiss j the first case, as there was some doubt about the abusive lan|pia£e; for the second offence defendant would be fined £10 and costs, with the alternative of one month's imprisonment. ■''.-•• . r>. - Court adjourned. f':---'i.--> '. •■;•■ * .