DISTRICT COURT, WESTPORT.

Westport Times, Volume VI, Issue 999, 27 August 1872, Page 2

DISTRICT COURT, WESTPORT.

(Before His Honor Judge Harvey.) Saturday, August 24. begtna t. sabah ann featherstone. The following jury was empannelled: —J. G. Dudgeon, Chales Peterson, L. Lawson, J. Ward, P. H. Butler, Taos. M'Cairn, R. Cassells, W. Carpenter, H. Henrickseu, W. Morris, A. Stitt, and J. L Munson (foreman). The complainant in this case did not appear. The evidence of the constables who had arrested the prisoner on the 30th of April last, for an assault on Dr Patrick Bruen, was taken. Constable Temperly deposed as to having, while passing prisoner's house on the day in question, seen her pushing the complainant out of ber house, but being hurried to catch a mail then going out, did not stop, but reported the occurrence to constable Meredith. The witness afterwards went with constable Meredith to the house of the prisoner, and found the floor and furniture of the bedroom covered with blood, and strewn with fragments of earthenware. Arrested prisoner, who at first denied striking Bruen, but afterwards, when in the prison cell, had called witness and told him that she had struck Bruen with a lemonade bottle, because he had provoked her to do so by his filthy language and drunken behaviour. Prisoner when arrested was slightly the worse for liquor Constable William N. Meredith gave corroborative evidence, and produced broken pieces of crockery found in the inner room of prisoner's house, and also a hat found there which he identified as belonging to Bruen. He also stated that prisoner had admitted to him she had struck Bruen with a lemonade bottle.

By tho Court: The bedroom was very small, and, supposing a mau had been struck on the head with a bottle and had fallen face forward, there was not, in witness's opinion, space enough to permit of his falling on the washbasin, and thus receiving the injury to his eye. By Foreman: Did not see any broken crockery iu the front room, but the whole place was in disorder. Patrick Bruen was called, but failing to put in an appearance, his recognizances were ordered to be estreated. Dr Samuel Thorpe gave evidence as to the nature of the wound inflicted on the complainant, and the subsequent serious illness arising therefrom, the full details of which have already been reported. Witness also produced fragments of earthenware extracted from the wound. By Court: The wound on the cheek bone might have been caused by a blow from a soda water bottle, but in the opinion of witness it formed a continuation of the blow on the eye. By Court: Supposing the complainant had, by reason of receiving a blow, fallen fallen face forward upon fragments of crockery lying on the floor, witness thought it very improbable that the injury under which complainant suffered could have been thereby inflicted. In his (witness) opinion the presence of fragments of crockery in the deep portion of the wounded eyeball was only attributable to fragments having been broken off by reason of a blow inflicted by main force. Pri&oner make no defence, except a statement that Bruen had continually annoyed her byusing obscene language. The breakage of the crockery she said was caused by Bruen, who had first smashed the basin, and then fallen off the bed upon the fragments while in a state of intoxication.

The Court, in reviewing the evidence, directed the jury to dismiss from their minds all previous knowledge of evidence given by Bruen, and coufine their judgment to the evidence now adduced, giving what weight they considered it deserved to the statement made by the prisoner. He (the Judge) thought that it was just possible that a man rolling from a bed in a state of drunkenness, and falling on pieces of broken crockery, might thereby receive such an injury as the complainant suffered. If the jury were of opinion that the prisoner had committed raei-ely a common assault, they would have to consider whether he/ plea of provication held her justified therein. The jury, having retired, after a brief consultation, delivered a verdict

that they found the prisoner guilty of a common assault. The Court at 2 p.m. ordered the prisoner to be bound over to appear if called upon within three months to receive sentence. BANKRUPTCY. Be Edward V. Kirby.—Application for discharge. No appearance of bankrupt. Adjourned until next sitting of the Court.. Be Michael George Q-reen.—Un-opposed application for discharge. The applicant, who stated that he had been living at Reefton for about six months, gave explanations as to circumstances under which the debts appearing on his schedule had been contracted at Brighton, Charleston, Addison's, Westport, and Reefton for a period extending over four or five years. The chief liabilities having been contracted at Brighton and Charleston. Order made for transfer of case for hearing at Charleston, Mr Kelling to be appointed trustee in the steadof Mr Bowen. Be George Nicholas, application for hearing for final examination and discharge. Case adjourned until next sitting of the Court, 24th October, in consequence of non-filing of statement of accounts.

Be James Simpson.—Applicatio l for discharge. Opposed by W. M. Martin, trustee on behalf of the creditors. Mr Munro, acting under power of attorney, proved debt owing to Charles Flexman of £166 14s 7d. Claim admitted subject to verification by reference to bankrupt's and creditors account's. Bankrupt, examined, said he had been five years in business in Westport. Was adjudicated bankrupt on Ist July, on own-petition. Had, in July 1870, filed petition and obtained discharge, and in the month of June following, had re-commenced business with no capital, but having good credit. Had purchased goods since on credit and made considerable sales but could not tell exact amount. (Trustees statement showed purchases, £3,200, receipts in actual cash, £5,320, leaving £2,100 to be accounted for in the two years.) The account of receipts and expenditure for the past six months, was taken from bo jks, now in the Trustee's possession, but the accounts rendered them did not include various items entered in a memoranda book, which had not been produced. Bankrupt gave detailed particulars of payment to wages account, transactions with his brother-in-law at Reefton, and the possession by his wife, on her own account, of freehold land and cottage. He had, he said, been forced into bankruptcy by inability to meet demands of creditors, and the danger to his property by reason of sea encroachment. Could prove that the cash books produced contained genuine entries, and that leaves cut out from the beginning and end of one book, contained only old memoranda not referring to the accounts in question. Could prove this by evidence of another party. Had during his bankruptcy paid no accounts except household biils. The Court ruled that the accounts as rendered were unsatisfactory, and further hearing was adjourned until the next sitting of the Court, for filing of full and separate statement of accounts from date of bankrupts last insolvency. Be Charles Bishop.—Application was made to the court to fix date for public hearing and final examination of bankrupt. Granted for Tuesday Ist October, proximo. The court was then adjourned until Monday at 10 a.m. Monday, August 26. Be Simpson.—A further examination of bankrupt was held this day, touching his interest in property in Gladstone street.