Buckridge, Eliza

Note all surnames spelt as Buckeridge
Wellington Independent 27 June 1865
THE HUTT ASSAULT CASE.
Robert, Edward, Ann (sic), Emily, and Eliza Buckeridge, were brought up on remand, charged with assaulting the police.
Mr Borlase, Mr Button, and Mr Buckley appeared as counsel for the defence.
Thomas Kinsella, deposed am a police constable and reside in Wellington. I left town on the 22nd instant by order of the Inspector, to execute a warrant on the heads of John and Edw. (sic) Buckeridge. They are the sons of Robert Buckeridge of the Taita. I was accompanied by Constable Brady, and arrived at Buckeridges'' about a quarter to eleven in the forenoon. Constable Brady pointed out the prisoner Edward to me as he was coming out of the stable. I went over towards him and told him that I was a corporal in the Wellington police force, adding that I had a warrant for the apprehension of himself and his brother John. He asked me for it, on which I told Brady to produce it. While Brady was reading it, Edward struck me in the face with his clenched fist, and then attempted to run away, but I caught him by the arm. With that, his father Robert Buckeridge came out and seized hold of me, while I was holding Edward. I was dragged down, and while on the ground was struck by Edward Buckeridge, and kicked by the father then Ann (sic) Buckeridge, the mother, came out. The father had hold of me, and I still clung to the son Edward. Mrs Buckeridge picked up a stone and struck me in the face with it. The father then rescued Edward from me, who ran away and stooped for a stone. He threw it at me, but it went over my right shoulder. The two young female prisoners pelted me, but though the stones hit me about my body my head was not touched. Emily Buckeridge hit me with a big stone on the knee. I then told the father that I would not leave the yard unless I took Edward with me, to which the father replied that he himself would bring both his sons into town. I agreed to that.
Cross-examined by Mr Borlase - I was in plain clothes when I went to Buckeridge''s to execute the warrant. I knew none of the family by sight. After I spoke to the man constable Brady pointed out as Edward, he did not go back towards the stable. I rode to Buckeridge''s and hitched my reins over the fence to the right hand side of the house. Brady hitched his horse at the left hand side, and after I had dismounted I went towards him, and he pointed out Edward to me. I had a hammer headed whip in my hand, but no revolver, nor had Brady. I did not strike Edward Buckeridge, but he struck me. After he had thrown stones at me, I struck him with the whip across the arm when (sic) he was standing with a stone in his hand. I did not hit him on the head with my whip, but when I grappled with him we fell down to the ground. I never called out to Brady to shoot Edward with a revolver, he had not one. The father did not try to raise either of us up, he kicked me about the ribs and thighs. I did not hear him say anything at the time. Mrs Buckeridge only threw stones at me. Then the girls came out and pelted me also. I did not tell the ladies that I was a policeman, but I told the father afterwards, not when I and the son were struggling on the ground. The father promised to bring his sons into town before he had seen the warrant. He did bring them into town, and when he was in town I arrested him also. Constable Brady was not in uniform when we went to Buckeridge''s house.
James Brady, deposed - I am a constable of police and reside at the Hutt. I went to Buckeridge''s with Kinsella on the 22nd June, to arrest John and Edward Buckeridge, sons of Robert Buckeridge''s Hotel, saw Edward standing at the stable door. I got off my horse, and while I was making him fast to the gate, Edward walked across the yard and I told him there was a warrant for his apprehension, he asked me to produce it. When I put my hand into my pocket to take it out, he turned to go away and Kinsella took hold of him by the arm, on which the prisoner struck him in the face, saying, "let go you b-, I''ll knock your brains out." He stooped to pick up a stone, and the corporal pulled him to the ground. I went over to the stable from which Edward had come out, in order to look for John, and saw Mrs Buckeridge with two stones in her hand. Mrs Buckeridge called to her daughters, who also came out with two stones each. Three of them threw stones at me on my way to the stable, and I turned round. I then saw Robert Buckeridge have hold of the Corporal while Edward was making blows at and kicking him. The women who had had been following me towards the stable then turned back and pelted Kinsella. I saw one stone strike him on the side of the head, Edward was rescued from us, and he ran into the house. Shortly afterwards he came out with what I took to be the handle of a stable broom in his hand. He said "come on you b- and see if you can take me." Robert Buckeridge and a neighbour named Roberts then came and asked me what the row was about. While they were speaking, the tallest girl, Emily struck Kinsella on the knee with a stone. Robert Buckeridge went into tho house leaving Edward and the three women on the road, still with stones in their hands. Robert Buckeridge came out of the house after a time and told me that he would try to persuade his sons to ride into town on their horses, but Kinsella said he must take them as prisoners.
Cross-examined by Mr Borlase. I spoke to Edward Buckeridge first. I told him that I had a warrant for his arrest. I put the warrant in my pocket, when I saw Kinsella struck. Kinsella pulled Edward down when he saw him stooping to pick up stones. Neither Kinsella nor I used the word revolver during tho disturbance. I went direct to the stable to look for John. On my return from my search I saw Robert Buckeridge holding Kinsella, and Edward Buckeridge kicking him. The woman threw the stones all the time they were out in the yard. Robert Buckeridge tried to persuade them to go in. I never heard the women say that Edward was being ill-treated. They were not silent, they were screaming and shiricking. I showed my warrant to Robert Buckeridge when he asked me to do so. About a quarter of an hour afterwards he told me he would try to bring the boys into town. I brought the sons in as prisoners, and Kinsella arrested the father on his arrival.
By the Court,- I am stationed at the Hutt. I have been there about fourteen months. I am acquainted with all the prisoners, their house is within my district, and I am often passing.
David Hughey, deposed, - I am storekeeper at the Taita. My premises adjoin those of the prisoner Robert Buckeridge. I was at home about 11 o''clock on the 22nd inst. I knew Kinsella by sight, and Brady very well. They passed my place on Thursday morning the 22nd inst, and I saw them enter Mr Buckeridge''s yard after making their horses fast. As they went in Edward Buckeridge met them. I could see him strike Kinsella and then a scuffle commenced, seeing which I walked into my house, and did not come out till it was all over. Buckeridge is my neighbor, and I did not wish to be in the in way.
Cross-examined by Mr Borlase, - I did not see Kinsella strike Edward. I saw Brady bring something out of his pocket, but I could not see what it was, or how the scuffle began. Brady, sometimes goes his round, on horseback.
Mr Borlase submitted that as the policemen were not in uniform, the women and Robert Buckeridge had only committed a common assault on a man whom they had seen struggling with a near relation. They had never seen the warrant, and were unaware that they were resisting the police. There was no proof of a deliberate onslaught having been made on the constable by them.
The defence was reserved, and the prisoners were committed to take their trial at the next criminal sittings of the Court.
Bail was demanded and accepted.

Wellington Independent 13 July 1865
Series of Assaults at the Hutt.-
On the 23rd of June, two young men named John and Edward Buckeridge, sons of Mr Robert Buckeridge, Publican, residing in the Taita, Upper Hutt (sic), were indicted for having committed an aggravated assault on Constables Lyster and Brady at the Lower Hutt. It would appear from the evidence that the prisoners acted in a most brutal and unprovoked manner, striking and ill-treating the constables even after they had relinquished the idea of arresting them. Another assault case involving the father, mother, and two sisters of the young men was tried on the 27th June, when the whole family was committed to stand their trial at the next criminal sittings of the Supreme Court, but admitted to bail. The causa belli in the first instance was a futile attempt on the part of the constables to apprehend John Buckcridge when drunk and riotous at the Lower Hutt, and in the second an equally unsuccessful attempt two days after to arrest the young men for the assault while they were on their father''s premises, when the father and woman kind (sic) seeing their kith and kin in danger rushed to the rescue and ejected the myrmidons of the law vi el armes.

Wellington Independent 5 September 1865
SUPREME COURT.
CRIMINAL SITTINGS.
Satukday, September 2, 1865.
(Before His Honor Justice Johnston.)
The Court opened at 10 o''clock.
...
Monday, 4th September, 1865.
ASSAULT ON A CONSTABLE.
John and Edward Buckridge were placed at the bar, charged with assaulting police-constable Brady, at the Hutt, in the execution of his duty, on the 21st June last. Mr. Izard appeared for the prosecution; Mr. Borlase and Mr. Buckley for the prisoners.
Mr. Izard, in opening the case, said that the law looked on an assault on a police-constable in the execution of his duty as a more serious offence than an ordinary assault. He then proceeded to give a general outline of the case, after which he called the following evidence:-
David Lyster sworn, said - I am a police-constable, and was at the Hutt on 21st June last. At 4 o''clock on that day I was at the Hutt Police Station with Brady. We went over to Valentine''s, from information received from a man named Poole, where we found John Buckridge standing beside a man named Witt, who had his eye blacked. John Buckridge was moving about in a fighting way, so I requested him to desist. With that he caught hold of Brady by the coat, and said, "If you interfere with me, I''ll knock your _ head off." Brady was proceeding to arrest him, when the brother came up, and assaulted him. I went to help Brady, when Edward said he would serve me the same. I afterwards told both the prisoners, they ought to know better. I then went away from them, when John Buckridge followed me and struck me with his fist on the mouth, knocking one of my teeth out. He said at the time "take that, you _." As I was reeling he struck at me again, but I warded the blow. I then walked towards the station and met Constable Brady, who had gone for handcuffs. I turned round with Brady to arrest John Buckridge. He and Edward Buckridge picked up large stones with both hands. They said they they would brain the first who advanced. John then went into Austin''s shoe shop. He came out again running in the direction of Brady. I heard him using threatening language as he passed me. Both Brady and myself are well-known to the Buckridges. I saw John Buckridge then strike Brady with his fist, and Edward did the same. Brady pushed them off and went into Fagan''s shop. I ran towards the shop, when they began to pelt me with stones. I then went to the station when Edward said he would wait for me till I came out. About two minutes afterwards I saw John and Edward Buckridge going home.
Cross-examined by Mr. Borlase - I had been drinking at Valentine''s, but not with the prisoners, but with a man named Smith. I was perfectly sober. John Buckeridge did not appear to me to be much intoxicated. When Edward struck Brady he pulled John away. John took the principal part throughout the proceedings Edward appeared, however, to be assisting and not restraining John. I called a man to assist me, and he came with a life preserver, but it was not in consequence of that that John and Edward picked up stones. When my tooth was knocked out my lip bled, but I could not find the tooth.
Re-examined, - The witness described the position of Edward and Brady when they were together, and John said "let go."
James Brady, sworn, said, "I am a constable stationed at the Hutt. On the 21st June last, at about 4 o''clock in the day, I was called on by a man named Timothy Poole. In consequence of what he said I went to Valentine''s Hotel, where I saw both the prisoners. I saw John Buckridge holding a young chap named Thomas Witt. He pulled him down to the ground and struck him. I took John Buckridge into custody, telling him that it was time his proceedings on the road wore put a stop to. John tried to get away, and his brother came and asked me what I meant to do with John. I said he was in my custody, "don''t you interfere." His reply was, "you wouldn''t do that." I said, "don''t you interfere any more." He said "let go you __ or I''ll knock your head off." I had hold of John by the collar and arm. Edward put his knuckles on my hand holding John''s arm; I let go, and John having his right arm free struck at me in the face, but did not hit me. I then went to the station for handcuffs, and when I returned John and Edward began picking up stones as large as a goose egg or larger. Edward said "Brady, if you use the handcuffs to ny brother, I''ll use these, I warned him not to interfere, when he held up a stone in his right hand to my face, and said he would knock me down??? John Buckridge then went into Austin''s shop and on my following, the door was shut against me??? John afterwards came out at the back and said t??? his brother come on Ted, if Austin is what I?? said he is, let us go into the bobbies." They stil??? had the stones in their hands. John said he die?? not care for the bobbies, or all the people at the bridge. I walked over towards the bridge, John followed, put both the stones, he held in his right hand, and struck me with the left. I then went into Fagan''s shop when John followed me and said, "now you __ I''ve got you and will lei??? you have it." I walked into another room, when John burst in the door. Mr. Fagan and his work men with some difficulty got him out. Thomas Whitworth and Edward came up and after some persuasion induced John to go away with them ?????Edward struck me on the back of the shoulder when I had hold of John. He aimed at my face and that was the only time he struck me.
Cross examined by Mr. Borlase. - There was a scuffle going on between Witt and John when ?? first came up. I was perfectly sober. John was under the influence of liquor. I cannot remember the exact words I used to John, when I first laid hold of him. I was forced afterwards to let John go through the violence of him and his brother. I drew my staff on Edward hitting me, but did not use it. Edward hit me when first I had hold of John, and before I went for the handcuffs. When I was in the road, I could not see the back of Austin''s shop, but could see the path leading from it.
Re-examined. - John struck me after I got the handcuffs, but Edward did not.
Thomas Witt sworn said. - I am a laborer at Wairarapa. On 21st June last, I was driving Mr. Valentine''s trap. I saw John Buckridge on that afternoon. As I was going towards Poole''s omnibus, John Buckridge pushed me by the shoulder against the wheel. I told him, if I saw a policeman I would give him in charge, when he struck me on the eye, knocking me down. I had said nothing to him. The police then came up. I saw both prisoners subsequently going towards Fagan''s.
Cross-examined by Mr. Borlase. - I had had some drink at Valentine''s with Poole. He was drunk, and I said he was drunk, and I was not,??? although I had kept tally with him. I was the worse for drink. John Buckeridge (sic) was also the worse for drink.
Solomon Schlaifstein sworn - said, I am a jeweller, living at Lower Hutt, on the 21st June last, I was at Valentine''s, in the parlor. I saw through the window, John walk up to Lyster and strike him. The police afterwards called on me to assist them. I went out and saw that Brady had hold of John, and Edward separating them. John asked me what I wanted, and I said I had been called on by the police. Both John and Edward then picked up stones and throw them at me, and the police, and I went away.
Cross-examined by Mr. Borlase - Brady gave me a short stick before I went out, but I did not use it. The policeman Brady told me to use it, when John and Edward threw stones. Robert Styles sworn - said, I was at Valentine''s on the 21st June, and saw the prisoners in the bar. They had drink. I saw John throw Witt at the omnibus wheel and afterwards strike him. Witt said if he saw a policeman he would give him in charge. I saw the policeman come. Edward said he would take John away if the police would leave him alone. I saw a scuffle between them. When Schlaifstein was called on, Edward told him to go, and that if he used the stick he had, they would use stones.
Cross-examined by Mr. Borlase - Edward was trying to restrain John, and said to Schlaifstein and the police "you may do what you like to my brother, but don''t ill-use him."
Mr. Borlase, in addressing the jury, said he was about to produce evidence which would give the case a very different complexion from what it wore from the evidence for the prosecution. It would appear that Edward was sober and was doing all he could throughout to restrain John, who was a little the worse for liquor. The learned counsel then pointed out certain discrepancies in the evidence, and contended that in the confusion it could not be expected that the recollection of what occurred would be perfect. Neither Edward nor John appeared to have flung any stones, but only to have picked them up to protect themselves if necessary from the life preserver which Schlaifstein had. The only evidence against Edward was that of Brady, who might have made a mistake, and it would be borne in mind that Edward persuaded John to go away. The learned council then said he would bring forward evidence to prove that the police were drunk, and that the whole thing was a drunken row and could not bear the construction put upon it by the proseeution.
Robert Austin examined by Mr. Bukley (sic) - lon??? oath said On 21st June I was at the Hutt and saw John and Edward Buckridge at the bar at Valentine''s, and also outside. Lyster told John that he was drunk, and should be looked (sic) up. Lyster then went to the Police Station and brought over Brady. Edward was trying to get John away to his house. The police who had hold of John let him go, and Brady said, "hit him _ lay hold of him." Schlaifstein was there with a slung shot, but did not use it. Edward said "you are not going to knock my brother''s brains out as you did the Maoris." The police then went towards the station. I did not see the police hit with stones. I did not see John and Edward hit the police, and I saw the proceedings in the road from the commencement of the affray. The police were excited, but I cannot say whether they were drunk or sober. Cross-examined - When the police first came up they had Schlaifstein with them. Nothing took place to my knowledge between Brady and John, before Sclnaifstein was present, but there had been some disturbance between John and Lystor. I saw the prisoners square up at the police but I did not see the police hit. When John came into my house, he was as drunk as he could be, and asked me not to see him murdered by the police. I am not afraid of the Buckridges.
Martin Miller, examined by Mr. Borlase, on oath said - On 21st June I was cook at Valentine''s, and saw Edward and John arrive. I saw afterwards Brady holding John, and Schlaifstein with a life preserver. Edward said "two can play at that game, don''t knock my brother''s brains out" and then picked up a stone. I helped John into his cart when he went away.
By the Court - I cannot say that the police were drunk.
Thomas Whitworth examined by Mr. Buckley, on oath said - On 21st June last I was at Valentines. I had met John and Edward coining down and came with them. John was drunk. Lyster told John that if he did not behave himself he would take him to the lock up. John said he was not able. Lyster said he would show him he was and fetched Brady. John said ho would not go to prison with them. Brady then went to Valentine''s and procured the assistance of Schlaifstein, I did not see John hit Lyster while Brady was gone. When Schlaifstein came, John still said he would not go to prison. Brady told Schlaifstein to hit John with the weapon he had in his hand, when he refused to be caught hold of. Schlaifstein gave the weapon to Brady and said "you hit him." (A laugh.) It was then that Edwart picked up some stones, bub did not use them.
Cross-examined - John Buckridgeo called on me to assist him, but I did not interfere. Henry White, examined by Mr. Borlase, on oath, - said I am a butcher. On 21st June last I was at the Hutt, in the employ of Mr. Barber whose shop is opposite Valentine''s. I saw the prisoners on that day. John was drunk, and when the police wanted to take him, Edward offered to take him away quietly.
Mr. Izard said, that the evidence clearly established that an assault had been committed, and the evidence for the defence merely went to show that the witnesses did not see any assault committecl. There might be certain discrepancies in the evidence, but they went to prove the general truth of it, for except in a trumped-up story, it was not likely that all parties would agree in every single particular in their statements. He would therefore ask the jury, to find the prisoners guilty.
His Honor said there was a point which occurred to him; viz., that a constable could not apprehend a man for committing an assault out of his presence, which was not a felonious one, without a warrant. After some conversation with counsel, His Honor said that he would rule to the jury that the apprehension was good.
His Honor in summing up, said, that constables should endeavor to do their duty in the least unpleasant manner possible. One portion of the defence had entirely broken down, viz., that the constables were drunk, for which he congratulated the Province. It was not part of the business of the jury, to consider the degree of the assault whether it was merely a technical assault, or threatening by action to strike, or whether blows had actually been struck. All they had to consider was, whether an assault had been committed. He would remind the Jury that the police were justified in using any amount of force necessary to do their duty, even to using deadly weapons; it was therefore no mitigation of the offence to bring forward the fact of Schlafistein having a life preserver in his possession. With regard to the lawfulness of the apprehension if the jury were satisfied, that any of the constables had witnessed the assault of John Buckridge on Witt, or if they were satisfied that John was in a drunken and disorderly state, they would then have to consider whether force had been used by the prisoners against the constables. His Honor then read over portions of the evidence, commenting on them.
After a very few minutes consideration the Jury found both prisoners guilty, but recommended Edward to mercy.
Mr. Horner was called forward by the prisoners to speak as to their character, but he was unable to say anything important in their favor.
His Honor in passing sentence said that the law must be vindicated, however painful it might be; the sentence on John would be that he should be imprisoned with hard labor for 12 calendar months, and on Edward that he should be imprisoned for one calendar month. After passing sentence, His Honor said he was bound to say that he considered that the constables had behaved very well in the matter.
Robert Buckridge, Ann Buckridge, Emily Buckridge, Eliza Buckridge, and Edward Buckridge were then placed at the bar on a similar charge.
With the advice of their counsel, Messrs. Borlase and Buckley, they pleaded guilty.
His Honor said Counsel had exercised a very wise discretion in advising such a course. The ends of justice would be satisfied if Robert Buckridge would enter into his own recognizances for all parties, except Edward, for £300, and if Edward would enter into his own recognizances for £100, to come up and receive judgment when called on with the understanding that if they conducted themselves properly they would never be called on; to receive judgment.

Marriage Details
1867/5983, Bride: Eliza Buckeridge (sic), Groom: Edmund William Butter (sic)

- unsure if below correct person as she would have been born circa 1830
Death Details
1896/365, Eliza Butler, Aged: 66Y - Date of Death 29/6/1896 from Death Registration