RESIDENT MAGISTRATE COURT.

Westport Times, Volume IV, Issue 688, 23 July 1870, Page 2

RESIDENT MAGISTRATE COURT.

Thursday, July 21. (Before J. Giles, Esq., R M.) ASSAULT. Maria Jennings was charged with violently assaulting Elizabeth Ery, on the evening of the 19th inst. The evidence of the apprehending constable and Ma uire, the gaoler, went to show that Fry had received very severe injuries. The assault took place in the dwelling of a bellman, named M'Garrell, situated in Bright street, and on their visiting the house after the fighting had taken place, they saw a good deal of blood about the floor and utensils; there were fragments of broken glass, blood-stained, on the floor, and an American axe with the handle much smeared with blood. Fry was lying on the bed with several wounds on the head, one on the forehead and one on the hand. Jennings was sitting with a child in ber arms by the fire, and shortly after Hunter arrived on the spot M'Garrell came in, no way disturbed by the occurrence. According to Hunter's evidence, M'Garrell endeavored to urge the women to a lenewal of hostilities. The latter shortly afterwards endeavored to drag Jennings out of the house, but, on being cautioned by Hunter to avoid injuring the child, he desisted. Jennings objected to leave the house in consequence of her disordered dress and appearance. Two previous convictions were proved against the prisoner for wilful destruction of property and druukenuess and disorderly conduct. Dr Thorpe stated that he accompanied Sergeant Kiely, on the 19tb inst., to a tenement in Bright street, where they found Mrs Ery in bed; her clothes, as also the various articles in the room were blood-stained, and she had received four wounds on the head and forehead, also one on the hand. Her state was not at present dangerous, but he could not assert that it might not become so. Mrs Fry was uot able to rise from her bed, in consequence of loss of blood from the wounds inflicted. Glass, similar to the fragments produced, when intact, was very likely to produce wounds similar to Mrs Fry's. He did not think any of the wounds had been inflicted by the American axe, at least not by the blade of the axe; they appeared to have been caused by some blunt instrument. His Worship remanded the prisoner for eight days. Denis M'Garrell was charged with keeping a disorderly house, a resort for persons with no lawful visible means of support. A good deal of evidence was called in this case by the police, which his Worship considered to be irrelevant to the case. It was shown that Elizabeth Fry had lived with the defendant for the last two years, and that she had undergone eight short sentences in the Westport Gaol; Mary Jennings who had been sentenced on two charges had also resided in the house. Parties resident in the immediate neighborhood gave evidence also as to the disorderly conduct of parties frequenting the house. His Worship did not consider the charge had been made out as defined by the Act under which it had been laid. The woman Fry, to whom frequent reference had been made, it appeared, lived with the defendant; and though that was a fact sufficiently disgraceful to him, it would not of itself justify a commitment. There was also evidence of disorderly conduct, which

he thought it would be in the power of the people resident near to assist in suppressing, if, in the event of a specific charge being made by the police, they would come forward and substantiate such charge. He cautioned the defendant, intimating that in the event of any future charge being proved he would render himself liable to three months' imprisonment, and dismissed the case. Thoinas Mansell, charged with using abusive and offensive language towards Charles Jones, in the presence of a police officer, was fined ss.