RESIDENT MAGISTRATE'S COURT, HAMILTON.

Waikato Times, Volume XIV, Issue 1231, 20 May 1880, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON.

* Tuesday, 18th May. (Before H. W. Northcroft, Esq., R.M.) Resisting the Police. Robert Flood was charged with having, ou the 9th, resisted Constable Wild in the execution of his duty. Prisoner pleaded guilty. Sergeant McGovern briefly stated the facts of the case. He also stated that there was a previous conviction against the prisoner for a' similar assault committed in 1873. His Worship sentenced the prisoner to two months' imprisonment, with hard labor, and at the expiration of that time to find securities to keep the peace for four months.

Drunkenness. Martin Brown, an old offender, appeared to answer the sixth charge of this nature. Sergeant McGoyeru said the prisoner

was a hard-working man, but very troublesome when drunk. Fined 20s and costs, with the usual alternative.

Larceny. Thomas Rawlmson, uhas Jones, pleaded guilty to a charge of stealing certain articles of wearing apparel at Waitetuna on the 4th or oth instant, the property of one John Douglass. The Magistrate sentenced him to S3ven days' imprisonment, with hard labor.

Thefts by Larrikins. Hugh Murray (II), William Cockhead (13), Jesse Cockhead (11), George Keep (11), and Murphy (11) were charged with stealing pumpkins, valued at ss, from the garden of Mr William Cunning, Hamilton East, on or about the 1 2th instant. The prisoners all pleaded guilty. ""Sergeant McGovern briefly related the facts of the case, and called Constable Murray who gave all the boys a very bad character, except Keep, this being the Litter's first offence. There was a second charge against the lad Murray, of obtaining two loaves of bread under false pretences, but this was withdrawn on the application of the police. His Worship committed all the prisoners to the Training .School until they arrived at the age of 15.

Wife Beating. David Elliott was brought up charged with unlawfully beating, wounding, and ill-treating his wife. Sergeant McGovern said the prisoner had only just been arrested, and that as he was not in possession of all the facts of the case he would apply for a remand till Wednesday, or, in case the woman was not fit to appear on that day, till Saturday. His Worship granted the remand . Prisoner applied for bail, but Sergeant McGovern objected to allowing bail until the extent of the injuries had been ascertained. His Worship agreed with this, and bail was refused.

Ykmjskday. (Before H. W. ttorthoroft, Esi-, R.M.) Breach of Borough By-laws. Sydney Manktelow, a young lad aged 1 3, was charged with a breach of the By-laws, by setting fire to furze on the public htrcets within the Borough of Hamilton. Sergeant McCJovern said gTcat complaints had been made of youngsters setting furze hedges on fire to the danger of adjoining property. He would not, however, in the present instance prc.-s for a heavy penalty. In answer to his Avorship, the boy said he had not set the fence on fire purposely, but in escaping through a gap with fire m his hand, when the hedge aceidently ignited. Constable Murray said the boy had never been before the Court before, but complaints had been mule about him, as ho was in the habit of throwing His "Worship cautioned the prisoner against misconducting himself in the futiue, and fined him Is, and cobts 2 is.

Wife Beating. David. Elliot was charged on remand, with having on the ISth inst., unlawfully iltveated his wife, Phoebe Elliot. The Prisoner pleaded not guilty. Sergeant McGovern conducted the prosecution, and explained the circumstances of the case. He said the parties had boen living at variance for some time past, and the police were being continually called in to interfere. The facts were of a very sad nature. He called Pluebe Elliott, wife of the prisoner, sworn, deposed that on Monday morning prisoner was beating the children, and lie afterwards took up a chair and threatened to knock her teeth down her throit. Witness thereupon lifted the tongs, but he quickly dispossessed her of them. She then ran on-, and pn-ouer followed and dragged her in, took hold of her and knocked her head against the dresser three times, cutting her head so severely that she bled. She then sent for a constable . The jacket and other articles of dres& produced smeared with blood, were what she wore at the time of the assault. (The witness here became very much affected, and had to be accomodated with a chair, water having to be administered before she fully recovered). By the Prisoner : Prisoner was speaking to me when the quarrel commenced. He was kicking one of the children, Alic. Phtebe Elliot, 13 years of age, sworn, said she was the daughter of the last witness. On Tuesday morning she saw her father strike her brother Alic onthoback of the head. Her mother s>tood up to shield the boy, aud the prisoner took up a chair and ran it against her neck and shoulder. Her mother took the tongs up but they Avere immediately taken out ot her hands by the prisoner and put und< r the t-ible. Her mother then ran out, but was dragged back by the prisoner who threw her on the floor aud closed the door. Her mother got up od' the floor and prisoner took hold of her and bumped her head against the dresser, drawing the blood from her head. The articles produced were worn by her mother at the time of the assault. By the prisoner : Mother was not the first to quarrel with prisoner. She wa-s in the bed room, and came out into tho kitchen. Prisoner struck mother fiv&t with the chair. It was after that when mother took up the to tigs to him. When he took the tongs away mother sat dou n and put on her shoes and then went outside. He went after her and dragged her in, and threw her on the floor. Mother caught him by the beard, and he then bumped her head against the dresser. By Sergeant McGovern : Prisoner kicked me that morning because I was going outside. He kicked me on the leg. He had nailed boots on and lie marked me. Sergeant McGovern said he had keen the mark, which was a serious one. Constable Murray, sworn, deposed that the last witness came to his house about 8 o'clock the previous morning and told him that her father had cut her mother's head, which was bleeding. He went at once to the house of the pi-isouer and saw Mrs Elliot sitting in a chair with her head and shoulders almost covered with blood. She told him that prisoner had bumped her head against the dresser and caused the wound. He examined the wound, which was behind the right temple. It was a small wound, but it bled a great deal. The clothes produced were those she was then wearing. There was blood on the side of the door, but this was caused, he thought, by the first witness passing through the door. He afterwards arrested the prisoner. On several occasions he had been called on by Mrs Elliot, who complained of the manner in which she was treated by the prisoner. He cautioned the prisoner about six months ago. By prisoner : I have made enquiries in Auckland, where the parties previou&ly lived, and I understand that there were faults on both sides, the woman having a very bad temper. It is usual for the police to make enquiries from each other in regard to the character borne by troublesome people while in another district. In answer to the Bench, Prisoner said he had given his wife no provocation. On Tuesday morning she got up and was making a great noise, and he aslced her to keep quiet. She then took up the tongs, and he raised a chair to defend himself, and took the tongs from her, Ho thcu sat down to his

breakfast, and while doing so she came behind him, struck him, and ran out. He followed her and brought her in, and she ran herself against the dresser, cutting her head as described. He did not strike her or give any provocation. He did not kick the child, but tried to stop her leaving the house by putting hits foot in front o Cher. He .said huswife was continually pro\ okmg him to strike her, saying that that was all she wished him to do. Sergeant McGovern said there was a family of five children solely dependent on the prisoner for support. The case was, as he had said, of a very painful nature, and lie did not attempt to deny that there appeared to be faults on both sides. His "Worship, addressing the prisoner, said : What you deserve for your cowardly conduct is six months' hard labor, and were it not for what the Sergeant has just said that is what you would have got. You arc not deserving the name of man at all. You know that women will sometimes exhibit bad temper, and it was your place to leave the house. No man wortliy of the name would strike a woman ; but, allowing this to be possible, how could a great powerful man like you kick a child, in that gentle way too in which you appear to have done it ? The evidence is clear upon this point, and as regards the rest of. the evidence the blood stains are quite sufficient to support it. I have no mercy for such as you ; and if I had anything to do with the making of the laws I would have every man who strikes a woman publicly flogged in the district or town in which he resided. This is one of those unfortunate cases in which the mau is the bread-winner of the family. Were you not so you would assuredly go to Mount Eden ; but as it is I order you, in two sureties of £50 each, to keep the peace for twelve months. The prisoner was then removed.

Civil Case. F A. Whitiker v. Win. Percival, claim £i 5s for advertising. Mr O'Xeill for the plaintiff. His Worship gave judgment for plaintiff for full amount and costa.