RESIDENT MAGISTRATE COURT.

Westport Times, Volume V, Issue 886, 11 November 1871, Page 2

RESIDENT MAGISTRATE COURT.

Fbidat, November 10. (Before J. Giles, Esq., 8.M.) MALICIOUSLY WOUNDING. Annie O'Dea was charged with maliciously wounding John Anderson at her house, Caledonia Track, on the 7th instant, and Stephen Butler was charged with being accessory to the offence. The Sergeant of Police called the following evidence:— John Anderson: I am a miner residing between the Orawaiti and Deadman's Creek. I know the prisoners. The prisoner Annie O'Dea keeps a place on the Caledonia Track. On Tuesday evening last, I went to the female prisoner's house to see Butler for the purpose of borrowing a boat. I asked if I could have it at daylight the following morning. He replied that I could. This took place outside the house. We then went inside. A conversation ensued which gradually grew into an altercation with the female prisoner. It was then about halfpast seven. The female prisoner and J had a few words before we entered the house, but nothing to speak of. She was excited and slightly in liquor. She asked me to go away, and I said I was in no hurry, and refused to go. 1 stayed some time. She kept urging me to go and abused me. I occasionally retaliated. There was a little gin on the table. We had a nobbier each. She said she was going to take a house in town. I then suggested we should have a song, and make a night of it. She demurred, and I took the gin away from the table as a lark, and went out- l

side. She called Butler to witness my stealing the gin. I saw that excited her and I took it back again. I then went into the bedroom and laid on the bed. She said I should not stop there. She went out and I shut the door. She got a knife to cut the canvas of the door. Butler was in the same room as she! I called to him to take the knife from her. I came out of the room almost directly, and she thon had the knife in her hand. I got hold of her by her two arms and told her to lay down the knife. She drew one of her arms away and in the act cut me across the face with it. After receiving the cut I sat on the step outside the door and tried to stanch the bleeding which was considerable. Finding ] was more seriously cut than I thought, I asked Butler to carry a light for me to town. He refused to do so. I asked for some rag but the piece given me was too small. The female prisoner gave me a larger piece. She kept urging me to go, but 1 could not see iu consequence of the bleeding from my face. I repeatlyed asked Butler to carry*a light for me, but he refused. At last I decided to start, and went from the doorway into the room where the prisoners were sitting for a candle or a piece of rag; I scarcely remember which. Butler seized me at the door, under the belief that I was going to assail the female prisoner, and the latter struck me on the head with a tumbler. I do not think the glass was broken. Butler was holding me, so that I could not use my arms, and was preventing me from entering the house. I freed myself, and seized hold of the female prisoner, and dealt her a slight blow. Butler got a bottle for a lantern, but it was no good. At last I went and got one myself. I believe the knife produced is the one with which I was wounded. After getting a light I proceeded to town. On reaching Mrs Hall's licensed house, I knocked her up, and she gave me a towel, and some spirits and water. I started again, and met Sergeant Kiely, who conducted me to town, where I obtained medical assistance. It was then, I think, about midnight. The floor of the prisoner's house was covered with blood when I left. Both prisoners were then in the house. By the prisoner O'Dea: I am certain you hit me with a glass on the head. By the prisoner Butler: I pushed the door open when we went in together. I did not burst anything away. I was the first in. The pri. soner O'Dea asked you two or three times to stay and protect her. By the Bench : The prisoner Butler only interfered with me once. He did not remonstrate with me. The prisoner O'Dea was very drunk, " properly" drunk. Butler was, I think, also in liquor. I was quite nober, having only had three glasses of beer during the day. Samuel Thorpe, duly qualified medical practitioner, gave evidence as to the nature of the wounds inflicted. He found an incised wound four inches long, extending from the right cheek below the right eye and across the bridge of the nose, and it continued uninterruptedly down the left side of the nose. The wound had been recently inflicted, and was still bleeding at the time that he examined it. There was a second wound on the scalp. It was a contused wound, and not of a serious character. Anderson fainted whilst in the presence of witness in consequence of loss of blood. The knife produced would be the means of inflicting such a wound as that received by Anderson. Witness had examined the knife, and found slight stains on the blade, which he believed to be bloodstains. He had detected stains of blood, upon the handle of the knife. Anderson was still under treatment.

Willliam Aventon Kiely gave evidence of having met the prosecutor on Tuesday about midnight, near to Dr Thorpe's. Saw that his face, hands, and clothing were bloodstained, as also a towel in his hands. Conducted him to Dr Thorpe's residence, and in consequence of information given by the prosecutor proceeded to the female prisoner's house. Entered it about 2 a.m. on the Bth, and found Annie O'Dea and Stephen Butler in the house. They were both in bed. Told the prisoner O'Dea that she was charged with wilfully and maliciously wounding, and the prisoner Butler that he was charged with being an accessory. Examined the house, and found traces of blood in the front aDd back rooms. The floor was wet as if recently washed. Found the knife produced on a table in the back room. It was stained as if with blood. There were several drinking glasses on the table; also a pewter pot, upon which witness noticed two specks of blood. Took possession of the knife, and handed it to Dr Thorpe on the evening of the Bth. Arrested the prisoners. By the prisoner O'Dea: I did not see the canvas of the bedroom door cut. The prisoners were then cautioned, and in reply to the customary question said " Not guilty," and reserved their defence. His Worship committed them for trial at the next-sitting of the District Court at Westport,

Mary Ann Woodman was charged with unlawfully wounding Margaret Newrington Carr, by beating her with a stone, on the night of Nov. Bth. The following evidence was produced :

Margaret Newrington Carr stated that she knew the prisoner. She had recently lived with the witness for

about a fortnight. Two or three days before the assault she told the prisoner to go elsewhere. About four o'clock on the afternoon of the Bth, she took away her clothes. She returned about ten o'clock the same night. Witness was lying on the sofa when a knock catne to the door and she bade the party come in. On seeing who it was witness asked her to leave. She stepped outside leaving the door open and immediately threw a stone. Witness rushed to the back door, but could not get out in time and was struck with a stone on the back, of the head. The prisoner did not stoop to Hit the stone, but must have had it concealed beneath the child she was carrying. The blow stunned the witness. She was struck with a second stone on the forehead. The stones produced were thrown at the witness. The third stone struck her on the nose making it bleed and blackening both eyes. Was struck with a stone also on the shoulder, but did not feel any effect. The shoulder was black and blue. The prisoner then went away. Constables came shortly after the occurrence, and soon after their departure the doctor attended her. The stones produced were thrown by the prisoner. Witness was struck by no person on that evening except the prisoner. James Arthurs Maguire stated that while in Palmerston street, on Wednesday evening, he heard a disturbance and saw the prisoner throwing stones into the prosecutrix's house. Went up and interfered and sent a man for the police. The prosecutrix was bleeding profusely and appeared to be seriously injured. As far as he saw the prosecutrix had given no provocation. Samuel Thorpe, legally qualified medical.'practitioner, proved having attended upon the prosecutrix, and gave evidence as to the nature of the injuries. She had received several contusions profusely, so much so, that he had to request a sack to stand on while in the house. The floor was covered with blood. Constable Stephenson, proved arresting the prisoner, and finding the stones produced in the house of the prosecutrix. The prisoner when called upon for her statement, said that the prosecutrix had assaulted and beaten her. She was then committed for trial at the ensuing sitting of the District Court.

CIVIL CASE. Field v Jones—Claim for £l7 3s 6d Judgment for the plaintiff by default in the amount claimed and costs.