RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 593, 14 December 1869, Page 2

RESIDENT MAGISTRATE COURT.

Saturday, Deo. 11. (Before J. Giles, Esq., R. M.) Joseph Tottenham, laborer, was charged with stealing, from among goods exposed at the late fire, a number of articles, the property of Fleming and Murray, drapers. The goods were valued at £lO 13s 6d, and consisted of a lady's silk jacket, a lady's witney jacket, sixteen pairs of woollen socks, a Crimean shirt, a hat and feather, a pair of stays, a doll, a girl's witney jacket, a clothes brush, and two fancy feathers. John Stuart Fleming identified the articles produced, with the exception of the socks, as his property, and he had not sold them to the prisoner. Ibefet Graves, in the employ of Fleming and Murray, also identified the articles as the property of the firm.

Constable Williams and Sergeant Kiely gave evidence as to the finding of the articles in the prisoner's house in Molesworth street, which was searched under warrant. The jackets were hanging, one on the door, and one at the head of the bed. The other goods were in a box. A shirt was hanging between a piece of. cloth and the wall. The prisoner's wife was inside with some children. The prisoner was arrested in the bush on the south side of the river, where he was at work. He stated that he bought the shirt from Fleming and Murray. He also said that he bought the other articles at Brown, Jones, and Robinson's sale. Mr Fleming afterwards identified the property and signed the charge. The prisoner called John Rogers Fraser, schoolmaster, who said he knew him, and knew nothing to his disadvantage. The prisoner's own statement was: I was nearly the first at Mr Fleming's corner when the fire broke out. I assisted in taking the things from Messrs Fleming and Murray's into the street. I afterwards assisted at other places. On coming back I found the articles now produced near Munro's steps. There was a great bustle of people, and there was a call for water. I took the things under my arm, and went down to cut the fence down so that they could get water from my well. I threw the things down and chopped the fence down. The wood rolled over the things, and I thought no more of them. I went to assist in Freeman street. Before I got home I was pretty well drunk. One of my children took the doll, and I let her have it. On Sunday I was pretty well fuddled all the day. On Monday I went across the river to work. I never took the things with the intention of theft. I moved so many things I don't know where I got half of them. After I chopped the fence down I was assisting in carrying water. The prisoner was committed for trial at the next sitting of the District Court.

Monday, Dec. 13

Henry Pringle was charged with assaulting Robert Maxwell Sunley. The complainant, Mr Sunley, said : In the Post Office Hotel, on Saturday week, my attention was drawn to the defendant on account of his size. I jokingly put up my sleeve to compare my wrist with the defendant's. I was also about to ask him whether he would take a glass ©f beer. He said " You are one of those who want to take a rise out of me," and he took me up as I might take up a child of one year, and threw me to the ground. I rose sick and giddy. I said it was excellent to have a giant's strength, but it was cowardly to use it as a giant. When I partially recovered I tried to explain to the defendant that he must have been mistaken as to the person or tbe motive I had in addressing him, and thought he might express regret for what he had done. My friends carried me to a side room. I found myself afterwards hurt and bruised. I feel bound to pursue the course I take, because it will be monstrous if a man cannot be safe from any cowardly ruffian who, vain of the strength he has, chooses to exercise it on any insignificant person like myself. In reply to questions by the defendant, the complainant said he did not grasp the defendant's wrist. He touched it to attract his attention. George Falla, William Eobertson, John Ellis, who had been present, were called by the complainant as witnesses, and Eichard Eowland, was called by the defendant. Mr Falla's statement was that Mr Sunley wa3 somewhat " discursive," and " argumentative about the size of men and of wrists." He took hold of Pringle's wrist. Pringle appeared not to wish to have anything to say to him, and, pushing him, tripped him up with his foot. It was very simple, and done instantaneously. Mr Eobertson said Pringle lifted Sunley up, and threw him on the bar floor on his back. He remarked at the time that it was brutal —that it was like a bull-dog seizing a terrier; and he still considered it was brutal. It was not done in sport, and Sunley seemed much hurt. There was "some conversation about wrists, intellectual attainments, and similar nonsense." Mr Ellis said Pringle was "rough" with Sunley, and " struck him to the ground," taking the breath from him. Sunley seemed disposed to be friendly afterwards, and asked Pringle to have some, refreshment, but Pringle was angry. Mr Eowland described the assault as a simple push or trip, which made Sunley fall, and he stated that Pringle assisted to lift him.

The defendant's statement was that the complainant had intruded himself upon him, took hold of him by the wrist, and wished to irrestle with him. —(Laughter.) After he fell, the complainant wished him to apologise, but he thought it was the complainant who ought to have apologised. The Magistrate thought the evidence as a whole did not show that the defendant committed a deliberate, intentional, and unnecessarily violent assault upon the complainant, and he dismissed the summons.