RESIDENT MAGISTRATE COURT.

Westport Times, Volume VIII, Issue 1167, 14 April 1874, Page 4

RESIDENT MAGISTRATE COURT.

(Before Joseph Giles, Esq., E.M.)

Friday Apbix 10. aßsault case. Police t. Margaret Cox.—Evidence was taken herein. Mr Shapter appearing for the accused. Rose Dupuis, deposed that on the Ist instant, between 5 and 6 o'clock in the evening, she was at Margaret Cox's house, and Julia Murray came in by the back door, and standing at the door of the sitting room, were witness and Mrs Cox then were, said, " is Mrs Dupuis here ? I'm glad of it." The accused told Julia Murray to go out, but she said she would not. Mrs Cox then caught her by the hair or shoulder to put her out, and Mrs Murray either knelt or sat down. Witness shut the door of the sitting room, and saw no more, but still heard Mrs Cox telling Mrs Murray to go out, and the reply was, "' No I wont. Wait a bit." There was a sound of scuffling, and then the back door was slammed and witness went into the passage. The accused had just then come back into the room, and said to witness. "JSlow I'll open the front door and let you go while she is away." After coming out, witness saw Julia Murray outside putting her hair up and going towards Dr Thorpe's. By Mr Shapter—While the scuffle in the passage was going on I heard Julia Murray say, " Look at the blood. I've fallen on the axe." As I went into the house I saw an axe in the passage. By the Bench —Can't exactly say where the axe was. I noticed no signs of blood as I went out of the house, nor did Julia Murray appear hurt when going towards Dr Thorpe's. Mary Morris deposed that Julia Murray's little boy had brought a message to her, and she had gone out and found Julia Murray standing on the tramway. She was then a mass of blood, and the blood was running from the waist of her dress and from her boots. Witness with assistance helped her home, and Julia Murray then fainted. Dr Thorpe came and witness saw a deep wound in Julia Murray's back, from which blood was oozing. The garments produced were those witness had taken off Julia Murray, and at the time she noticed the cuts as now shown. Dr Samuel Thorpe bad on the evening of the Ist instant been called to attend Julia Murray, and had found her suffering and faint from loss of blood. On making examination he had found on the right side of the back a large incited wound, extending from about an inch on the right side of the spine towards the right armpit, the length being about five inches. Witness could pass his hand as far as the finger tips into the wound, which had divided the integuments and soft parts down to the shoulder blade, which, with the soft parts below, had been deeply cut, the edges of the bone being so far separated as to admit the point of the finger. The wound also extended downward some little distance on the anterior or front side of the shoulder blade, between it and the ribs, so that the bone was completely cut through at the inner portion near the spinal column, but not for the whole breadth of the bone. The wound was a very serious one, from its proximity to the spinal column and the wall of the chest, and the great loss of blood resulting. Witness had since attended the sufferer, who up to the present time was progressing favorably, although not out of danger or fit to give evidence. The opinion of witness was that the wound had been inflicted by an instrument similar to the axe produced, and from above at some elevation, or with considerable force. Witness, at request of police, had examined the axe and removed therefrom a portion of certain stains. These he had examined microscopically, and found them to contain blood globules from some mammalian animal. He had also visited the house of the accused, and had seen outside the door a loose piece of board (produced) used as a step. It was sprinkled with dark stains like blood, and he had seen patches of similar color on the sand some paces away. Portions of this sand he had also examined, and found blood globules thereon. Had on first attending Julia Murray also noticed a bruise on her forehead. By Mr Shapter—Had gone to Mrs Cox's house at request of the police. By Bench—Did not think it probable the incised wound could have been caused by a fall on an axe. Witness could conceive no position in which an axe could be placed to cause such injury unless the person had fallen head foremost on the axe with the edge up and raised from the ground. Witness could conceive such injury happening to a person falling down a shaft and striking the edge of an axe projecting from the Avail. He did not think a fall in the narrow passage of the accused's house could cause the injury. The evidence given by Rose Dupuis did not alter such opinion, and he thought it improbable that in a violent scuffle one party could push another horizontally against the edge of an axe, with sufficient force to cause such a wound. Constable Ibbitson gave evidence as to the arrest of the accused, and that, after being cautioned, she said Julia Murray had come to her house to settle some matter face to face with Mrs Dupuis, that she (accused) had ordered Julia Murray out, and on her refusing to go had thrown her down

and dragged her out at the back door by the hair of her head. Witness also gave evidence as to noticing that the passage of the house had been just scrubbed, and to finding an axe behind the back door, and noticing blood Btains on the door step and on the sand a few steps beyond, and as to the measurement of the doorway and passage.

No further evidenca was given, and on the application of sub-Inspector Kiely the case was remanded for eight days. Accused being admitted to bail as before.