RESIDENT MAGISTRATES' COURT, WESTPORT.

Westport Times, Volume II, Issue 198, 19 March 1868, Page 2

RESIDENT MAGISTRATES' COURT, WESTPORT.

Wednesday, March 18. Before J. G-iles, Esq., M.D., E.M. ATTEMPT AT A RESCUE. Thomas Milner, who was examined yesterday and admitted to bail, charged with attempting to rescue Dufty from Constable M'Mahon, appeared, and brought the following evidence to rebut that of the constable. Katherine Williams alias Catherine M'Carthy, deposed, I know the defendant, I was with him on Monday evening, and from the time Dufty was first arrested until defendant was locked up, was in his company. By the Court —I saw Dufty arrested the first time. I saw Dufty break his arrest. I was not aware that i)ufty was taken back to the gaol. Robert Lendrum stated he was employed in the brewery. On Monday night hearing a noise of men scuffling, he went outside and saw two men hold of each other. He seized the upper one by the neck, and told him to let the other go, and he told him he would give him in charge of the police. He did not know it was a policeman he collared. He knew it afterwards. After this some policemen and a man come up. He went indoors, and they went away. ,

By the Court—l do not think defendant was there, and I did not recognise any one. Harry Dufty deposed—l was in defendant's company heforo I was arrested. I went with him to a house at the back of fie Camp, and left him lying on a sofa. After I came away, and on my way homo, I was arrested. I bolted from the lock-up, and was caught again. I saw no one during the scuffle with the policeman until I was surrounded with policemen. I did not see defendant there at any time. I did not see him from the time I left him lying on the sofa until I saw him in the lock-up. By Inspector Franklyn—l swear Milner was not there, I have an indistinct notion of some one interfering with the police whilst we were scuffling. I could not swear who the man wan, but had it been Milner or his ashes, I should have known him.

The Magistrate remarked that in this case the evidence was very conflicting. He said he did not attach much weight to Dutty's evidence, as he was drunk at the time, and although Kate Williams swore to being in Miiner's company all tbe time ; the affair to >lc place so close to where they were stopping, that he might have been there without her knowing it. Robert Lendrums evidence was clear, but he could not decide what amount of credence it deserved. The constable swore positively to the defendant, but as there was a doubt, he should give it in favor of the defendant, and dismiss the case, but he advised him to be very cautious in future, as any interference with the police was a case of a very serious nature.