RESIDENT MAGISTRATE COURT.

Westport Times, Volume VIII, Issue 1236, 11 December 1874, Page 4

RESIDENT MAGISTRATE COURT.

(Before Joseph Giles. Esq., R.M.) Tuesday, December S. POLICE CASES. Police, on complaint of Constable Eendell, against T. J. Jones, for using threatening language and obstructing the police in execution of duty on the 29th November. Mr Fisher for police ; the defendant in person. The complainant in evidence, said that while engaged with William Faggj the night-watchman, in taking a prisoner named M'Garth to the lock-up, Jones had interfered and used abusive language and obstructed them. Cross-examined by the defendant: Had previous to the occurrence seen Jones at the Oddfellows Hotel, and there taken half a glass of beer with W. Fagg, but did not know who had paid for it; this was while searching for the man M'Garth. After getting M'Garth in custody ho was very violent

and Fngg called ou defendant to assist, but he, instead of helping, threatened to Knock both their brains out M'Garth kicked complainant violently and he kicked him once in return. M'Garth had previously attempted to throw stones, and had at the time defendant was called on to assist" got hold of W. Fagg by the hair and beard.

By Mr Fisher: Jones was sober, but very excited, more like a lunatic than anything else ; and M'Garth had picked up stones and kicked and struggled before Jones came up. William Fagg, night-watchman and sworn-in constable, had, while getting M'Garth to the station, called on Jones to assist to get the hand-cuffs on. Jones refused, and said M'Garth was being illused, and commenced flourishing a stick, and threatened to kick out the brains of witness and constable Eendell aud called them ill names, and afterwards pulled off his coat and offered to fight witness. By defendant: When you came up and asked what was the matter, you were told the man was under arrest for ill using a woman. When I called upon you to assist, M'Garth was in my grasp. I was across his body, aud he had me by the beard. I did not press or jump on him with my knees, or touch him at all with my boot. I called on you in the Queen's name, and made use of no ill words towards you. After the irau was handcuffed you said to him, " Go quietly ; I'll see you righted," but you did not say so before we had him secured. Besides the haudcuffs, Constable Eendell had a twitch on him, aud as a precautionary measure it was necessary to so secure him. You followed us along Palmerston street, and kept annoying us. By Mr Fisher : M'Garth made no complaint that he was unnecessarily pinioned. His only struggles were at first against being captured. Thomas Melville had witnessed the occurrence. Had heard W. Fagg call ou Jones to assist. Had heard Jones call the constables names aud offer to fight them.

By defendant: It was pretty rough work. I saw Rendell kick M'Garth once, but can't say whether it was necessary to do so. You threatened the constables, but did not go near enough to hit them with your stick.

Peter M'Garth: Had been arrested and had attempted to pick up a stone. The Constables then pulled him down and there was a scuflle. Jones had been called on to assist, but refused, saying that witness was then senseless from the treatment received. Jones told him to give himself up without resistance and said he would stand by him. After this witness asked Jones to take care of some money for him. By Mr Fisher : Am now doing three weeks imprisonment for obstructing the police.

Duncan M'Vicar, who gave his evidence unwillingly, had seen the scuffle, and heard Jones refuse to assist, as he had thought the two men sufficient to hold M'Garth. Could not say if kicks were given as " arms and legs were flying about in all directions" while Jones flourished a supple jack over the heads of the men as they struggled on the ground.

James Whclim : While standing at liis fence a chain and a half away had witnessed the scuffle, had seen M'Garth turn on the groin,d "like a goat or ass" and Rendell get his legs across him and put a twitch on his wrist. Jones was there and told M'Garth to go quietly, and when Kendell kicked M'Garth Jones had remonstrated and said he would protect M'Garth. By defendant: Was 13 years in the Victorian police and would be glad to meet with a man like you of a dark night. Vou did not obstruct the police but said if the police ill used M'Garth they would ill use you. By Mr Fisher: Jones was talking in a peaceable key, but although a chain and a-half away I could hear everything - . Jones was acting as a peaceable citz»n. Jfave had no conversation with Jones since the occurrence.

Sub - Inspector Kiel}', remembered Jones coming to the camp and complaining that Constable Rendell and the night-watchman were ill using a prisoner. Had examined tho mr.n M'Garth when brought in but saw no marks of ill-usage or blood on him except a slight discoloration under the ear. He was then handcuffed, and very much excited. Jones offered to give himself in custody, saying the constabl? had threatened to arrest him, and Rendell then told his tale. The men ware excited, and witness told Rendell to lay an information as the proper procedure. By Mr Fisher; M'Garth made no formal complaint of violence, but seemed stupid from the effects of drink.

The defendant made a long state inent blaming the constables i'ot ill usage of their prisoner, a.nd stating that be took M'Gartli's part, because be saw Rendell kick him three times, causing blood to spout from his ears mouth and and that afterwards tie bad induced the prisoner to succumb and go quietly under arrest. The Court, making allowance for the excitement of the defendant, held opinion that he had attempted to magnify his charge against the police to shield himself from the consequences of interfering with them in their duty, and inflicted a fine of £3 and costs or the alternative of one week's imprisonment, with bard labor, CIVIL CASES.

P. J. Brucn v. C Croawell,—• Claim of £5 for medical attendance. Judgr ment by default for plaintiff, with costs 9s.

J. Corr v. T. J. Jones.—Claim for £4B 13s 4d, grocery stores supplied. Judgment confessed. Costs 17s. J Hughes v. W. 11. Harrison. Adjourned lor return of summons from Grey mouth. ,

WESTPOET WARDEN'S COURT. (Before J. Giles, Esq., Warden.) Tuesday, Decembeb 8. applications. Application for registration of dam for mining purposes, 3000 feet by 300 feet, two and u half miles west of Addison's road. Applicaion » ode by John Bourke, P. Kane, P. Kelly, and C. G. Andrews. Grunted.