RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 166, 31 March 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., R.M.) Thursday, March 29. Drvnk and Incadaule — William Mothei well was) charged with this offence ; as he was still " too-ral-looral " the Alagis trate sent him to gaol for 24 hours in order that he might become '* capable." John Barman was lined Ll or 48 hours imprisonment for being drunk and disorderly. ' Assault with iNrENT to do Giukvous Bodily Harm— Patrick Donris was brought up on remand from the 24th. Joseph Brandon (prosecutor) having been sworn, said he was a sawyer, residing at Woodstock ; remembered the 23rd March, prisoner was a mate of his, and on the evening of this date, about 6*30 p.m., he had a dispute with prisoner, in consequence of which witness did not wish to live any longer in the tent with him, and while he was packing up his property, prisoner, who was a little the worse for liquor at the time, struck him from behind on the back of his head ; witness then became unconscious. By the Com t : Prisoner and I exchanged a few blows outside the tent ; twenty minutes or more elapsed between our fighting outside the tent and prisoner striking me on the back of the head. Cross-examined by the prisoner : Witness did tell prisoner that he would not work with him, but never said lie would be even with him. After fighting three rounds both agreed to put it oft until morning. The cauue of dispute was prisoner's drinking so hard, and thereby losing witm>s much time. John Esk said he was a bush carpenter, living at Woodstock. He was in prisoner's tent at the time of the dispute. He saw prisoner strike the prosecutor with a thick stick over the head and shoulders while he was lying on the ground. Witness met another nun as he went out of the tent. ' Cross-examined by prisoner : Did not see the prosecutor strike the prisoner. Arthur Curnick dcposed'as follows : He was a publican living at Arthurstown, otherwise Woodstock ; was passing prisoner's tent on the 23rd March about 5*30 p.m., aud saw prosecutor and prisoner tight two rounds; after they had fought the two rounds they went into the tent ; shortly afterwards heard a noise in the tent. A man named Steer happened to be coming past at the time. Witness and Steer went into the tent. The prosecutor was lying on the ground, and prisoner was sitting on his stretcecr. Witness then went into the tent end drew prosecutor out; he was senseless, and appeared to witness dead. With assistance he was carried to witness' house, and a doctor was fetched. Cross-examined by prisoner: Prosecutor was at witness's house on the 18ih. Could not say whether the prosecutor knocked nny of prisoner's teeth down bis throat*

Shadforfh Anderson said he was a legallyqualified tnedical practitioner, residing at the Kanien. Remembered being called upon to attend the prosecutor on tlie 23rd March. Pound him partially insensible, the cause being apparently a contused and lacerated wound stretching across the back of his head. The out on the back ot his head and a blow ort the fight side of his neck caused paralysis and partial lockjaty; Tlie third blow, across tb§.right.eye»jpiit the muscle, without 'cutting the skin. The injuries that prosecutor received were dangerous at the time. lie is now in a very weak state, and unable to open bis mouth on account of paralyais. Crossexamined by prisoner : The blow the prosecutor received in the eye and on the Hide of the neck could not have been done by the fist. The stick now produced would be likely to cause such wounds. James M'lnnes, a Rergeant of police, stated that he had taken the prisoner in charge* While going to the , loqk*up, prisoner asked him upon what charge he had arrested him. He the 1!*1 !* told him ; and 1 prisoner denied having struck prosecutor with a stick, and said he had hit him with bis fist. Witness subsequently searched prisoner's tent, and found there the two sticks now produced. Both sticks had blood upon them, and one had also hair. Prisoner was slightly under tho influence of liquor when arrested. In reply to the usual question from the Magistrate, prisoner said that' he " did it in selfdefence." Prisoner was . then committed to take his trial at the ensuing Criminal Sessions of the Supreme Court, Hokitika. Robbery pro"m thk Pkr&on witW v VioriENCE.—Michael Cain, charged with this offence, was remanded until April 3rd. A charge of rape has also been brought against him by prosecutrix in above case. Larceny prom the person. — Henry Cohen was charged with this crime by David Main. Prisoner was defended by Mr South. Prosecutor having been sworn, said : He was a miner working at the bend about twelve miles north from Hokitika On the 26th March was at the Auckland township, and «old an ounce and a half of gold to Mr KUrwin, receiving £fl 17s. The £6 consisted of five one pound' notes. Besides this money, he had in his pocket four five pound notes (£2O). On his way home he called at the prisoner's house. Had two ulasses.of grog. Previously I had had two •jlasses of grog when I sold the gold. Peeling drowsy he laid down on the floor '•f the sjipre, and while on the ground felt prisoner feeling all over him, and putting his band in witness's pockets. Could not move while prisoner was searching him, but had his senses. After lying in the kitchen, where prisoner had drugged him, for about an hour, prisoner carried him out on to the beach ttnd left him there. After lying there till nine o'clock (ahout l£ hours) his mate came »'p, searched him, and took 22s 6d from him. Other men were with his mate. By the Court : Was not drunk when he w.ent into the store, but perfectly sober. Saw the money before alluded to a few minutes before he went in. Cross-examined by Mr South: As to his having seen his money before going into prisoner's store, —did not know the time. Had drank nothing before going into prisoner's store, but two glasses of grog at Kerwins. Did not see prisoner pour out any liquor into the glass. James Copeland said he was the prosecutor's mate. On the 26th March saw him sell 'some gold, and receive £5 17s Bti for it. Saw him drink two glasses of grog and a bottle of ginger-beer. Did not see him afterwards until I found him on the beach. Previous to finding him, I had inquired of and learnt from prisoner that prosecutor had left a little ago. 1 When I found him on the beach he was insensible. He could neither stand or sneak. Witness searched his pockets, aud found 22s 6d. Took him to prisoner's store, where he got a shakedown. Cross-exam-ined by Mr South : When he said that the prosecutor was intoxicated at the time he found him on the beach, ho meant he was drunk. Had known prosecutor for about 8 days. Hajl not seen him drunk during that time. Samuel Geo. Rich was next called and said he whs a licensed publican, residing at the mouth of the Waimea Creek. Knows prisoner. He was within fifteen or twenty yards of him on tho 26th March. He remembered seeing prosecutor go into prisoner's store, and after remnining there about three hours saw him leave. He waa accompanied by a person who at the time I supposed to be the prisoner. They were either arm in arm or the prisoner was leading the other. Could not say which. Henry Cohen being asked whether lie had anything to say in answer to the charge, replied that he was not guilty. Mr South then called the following witnesses for the defence. James Moss said lam a butcher, and was at Mr Cohen's store on the 26th March. Saw prosecutor come there that af .ernoon, throw his swag down and ask for a drink. Prisoner took a bottle from the counter, poured out two glasses from the bottle, gave one to the prisoner and drank the other himself. Prosecutor then asked for a' pound of hacon, tendering a hue pound note in payment. Saw prosecutor with the change in his hand. When prosecutor was leaving the store he fell, and his swag fell to the ground. He left it there, and walked in the direction of Mr Rich's bakehouse. In the evening when prosecutor's nmte brought him in, prisoner dragged him in. His mate said prosecutor lihcl lost some money. Prisoner said if he had lost any money it must have occurred before he came to his slore. Cross-examined by Inspector Broham— Could not say whether prisoner spoke or not when brought into prisoner's store by his mate He was not a mate of the prisoner's. Cross-examined by Mr South — It was not possible for prisoner to take anything out of prosecutor's pockef; unless r seen by him (witness.) Henry Edward Mitchell paid he also was at prisoner's store on the 26th March. Saw prosecutor come in. Thought he wat decidedly drunk. The prisoner was here discharged, 'the Magistrate remarking upen prosecutor's evidence, and informing Mr Cohen that he left the Court without a stain upon his character. The Court then adjourned till eleven o'clock this day.

Tho following singular announcement of a birth appoareJ a few days a<ro in Liverpool : — "Thanks be asoribed to the'narae of the Lord Jesus Christ, man's only Say iour ! blessed be His most holy namo, and sul'ering mother and son have beon brought through the furnace and are both doing well — bless the Lord? this child making the third arduous though at length happy delivery ! Hallelujah ! Praieo tho Lord, Amen and Amen !"