DISTRICT COURT, WESTPORT.

Westport Times, Volume VII, Issue 1119, 28 October 1873, Page 2

DISTRICT COURT, WESTPORT.

CRIMINAL BUSINESS. (Before his Honor Judge Harvey.) Friday, Octobeb. 24. Mary Morris, on bail, charged with having on the 24th August last Unlawfully assaulted a child of tender years, the son of Mary Flanagan, pleaded not guilty. Mr Shapter defended the accused.

Mary Flanagan, mother of John Flanagan, gave evidence similar to that given in the Resident Magistrate's Court, to the effect that on the day named she had been absent from home for a short time, and on returning found her child near her house, bleeding from wounds on the face, and saw accused walking away in the direction of her own house with a tomahawk in her hand. Witness had said, " My God, did you strike my child with that," and prisoner had replied, " Yes I did, and I'll strike you if you don't keep your brats at home." The cause of the attack being, as alleged, that the child with others had been playing near Morris' house and disturbing her infant from sleeping.

James Whelan was called and also gave evidence similar to that he had given in the ttesident Magistrate's Court, he having been in his own house and heard the conversation between the accused and Mrs Flanagan. Cross-examined by Mr Shapter. On hearing the noise I went out, and saw Mrs Morris going towards her own house. She might have had a tomahawk in her hand but I did not see one. The child John Flanagan was brought into my house by his mother and there was then a little blood on his cheek, but otherwise his face was clean.

Denis Maloney, constable, gave evidence as to taking the child to Dr Thorpe's for medical attendance, and afterwards searching the house of the prisoner but finding no tomahawk there. John Flanagan, a child six years of age, was examined on oath, and said. I know Mrs Morris. One Sunday, a long while ago, she said, get out you little brat. I was on the dray with some more boys. We were playing about and Mrs Morris enmo after me and hit me when I was between

Whelan's and our place. She hit me with a tomahawk on the head. 1 cried and went home, and mother came, not very long after, and washed the blood off. She took me to Dr Thorpe. By Mr Shapter. It was in the morning. Mrs Morris said go away you little brat a long time before she struck me. We all ran away. I didn't fall down that morning. We went back to the dray again and then she chased me. She hit me only once. The tomahawk made a.ll the cuts on my face with one blow. It slipped down my face and scratched it. She caught me by the arm and hit me. By Court, I had seen Johnny Morris with the tomahawk before, chopping a piece of log.

James Thompson, a lad of 9 years of age, said—l was with John Flanagan on the dray and saw Mrs Morris run after him. She caught him and hit him with a tomahawk. She hurt him and he cried, There was blood on his face. Johnny did not fall off the dray. I never saw the tomahawk before.

Samuel Thorpe, surgeon, gave evidence as to the nature of the wounds. A small contused wound over the left eyebrow, a smaller wound below the left eye, and a scratch extending downward, and outwards for about half-an-inch, and also some smaller scratches on the face. The wounds in the opinion of witness had not been caused by a fall, but the mark above and the mark below the eye appeared to have be caused by two distinct blows.

For the defence Mr Shapter called Mary A. Clements, who gave evidence merely as to Mrs Flanagan having been at her house in the morning some time previous to the occurrence, and as to afterwards going to Whelan's house and seeing the child lying there wounded. John. A. Carr deposed that he lived within 180 feet from the houses of Morris and Flanagan. Had seen his own and some other boys playing on the drays. Saw a female come from Morris' house and appaiently order the boys away. The boys scrambled down, and Flanagan fell while getting off the shafts. Young Flanagan went to his mother's house and stood there ten minutes or a quarter of an hour before his mother came. As soon as the boy saw his mother he commenced crying, and Mrs Flanagan commenced crying also. Did not see Mrs Flanagan and Mrs Morris together. Had the female who came from Morris' house chased the boy with a tomahawk he must have seen her.

By Crown Prosecutor: This was between 12 and 1 o'clock, and I was in my workshop. I can't identify the person who came out of Morris' as the prisoner.

Maria Franks: Had seen Mrs Flanagan at the corner of Whelan's fence, and at the same time Mrs Morris at the corner of her fence, and heard them having high words together. Had previously looked out of window on hearing a boy cry, and saw it was young Flanagan. Did not see Mrs Morris hit him.

Catherine Monris, daughter of the accused : Was on the 24th instant at home with my mother. Heard Mrs Flanagan cry out that her boy was hurt Mother was then putting her baby to sieep. Before that I had gone out and chased the boys off the dray. When I heard Mrs Flanagan cry out I looked and saw her take her boy to Whelans. We had no tomahawk about the phce for a month or three weeks before. My mother had no tomahawk in her hand ou that Sunday. By Crown Prosecutor : I don't know what became of the tomahawk. Mother went out about two minutes before I did and asked Mrs Flanagan to take her children away. She did not have high words with Mrs Flanagan in the street that morning. The children ran away when I told them. Afterwards mother went out. I saw none of the children fall off the dray. Mr Shapter for the defence pleaded that the jury should hold with the hypothesis that his client was an innocent woman, there being no absolute proof of her guilt, and should give her the benefit of whatever doubt existed. The Crown Prosecutor having replied, the Judge reviewed the evidence pointing out to the jury that it was not their duty to give the prisoner the benefit of any doubt, but of any reasonable doubt. The jury, after a short retirement, returned with a verdict of Not Guilty IN BANKRUPTCY. So Croawell and Jacobsen.—Mr Shapter applied for discharge of applicants. Mr Fisher opposed on behalf of creditors. The Court ruled that bankrupts had not fully disclosed their accounts, and that Croawell had unlawfully dealt with certain property ostensibly said to belong to his son, but in reality belonging to the estate. Certificate suspended for three years. He Alexander Neill.—Applicant had not filed a statement of accounts for six months previous to declaration of insolvency, and the case was adjourned until the next sitting of the Court. Application for order to wind up Excelsior Quartz Mining Company.— Mr Shapter on behalf of Messrs Falla, Dickinson, Gilmore, and Powell, made application to wind up Company, and order to stay all interim legal proceedings. Order granted.