RESIDENT MAGISTRATE’S COURT

Ashburton Guardian, Volume V, Issue 1418, 31 December 1884, Page 2

RESIDENT MAGISTRATE’S COURT

ASHBURTON— To-day.

(Before his Worship the Mayor and D. Williamson, Esq’s, J.P’s.) Malicious Wounding— John Doak was charged with maliciously wounding Benjamin Graham—William Marsh said hewas a baker. Ha was at the Royal Hotel at six p.m. yesterday. Saw the accused and the wounded man in the bar of the hotel. Welsh and several others were there. They were chaffing each other. Saw accused go out of the bar, and coma back with a parcel and a whip in his band. Accused went to some man at the end of the bar, and asked him to hold the whip and the parcel. Accused beckoned to Graham, and told him he wanted him outside. I Graham had his coat off before he went out, and Welsh and another man put it on again. Witness then went out of the front door, and saw accused coming from the yarc. Saw Welsh running towards the closet. Witness also went and found Graham sitting in the closet bleeding from a wound in his face and back. Graham was bleeding very profusely. The accused then jumped on his horse and rode away. Welsh went after him, and called upon him to come back. It was not more than two minutes from the time when witness saw the accused and Graham go out of the bar till he discovered the latter in the wounded state. The wounded man, Graham, was drunk and the accused quite sober. Graham and the accused appeared to be an friendly terms. 'Witness did not see Graham insulo the accused in any way. —By accused: Did not see Graham hit him (accused). Was not present when Graham took his coat off—By the Bench: Did not think the men n ere going to fight when accused and Graham went out of the hotol.—Thomas Henry Welsh said he was a carpenter, residing in Ashburton. Was in the Royal Hotel yesterday evening between five and six o’clock; —Just as witness came into the bar he saw the accused and Graham there. The former was beckoning Graham with his finger Both then went outside the door. About & minute afterwards,witness went to the backyard, and as he entered it he saw the accused strike Graham with bis fist on the side of the face. There was a knife in the left hand of the accused at the time. Accused struck Graham across the nose. The blade of the knife was about four inches- long. The knife produced was like the one accused used. Accused said Graham had teased him. The accused then left, and witne a ran after him for about 100 yards and called upon him to stop. The accused took no notice of witness, but rode away on his horse. Graham was bleeding a good deal. The accused was sober at the time, but Graham was the worse for liquor.—Benjamin Graham said he was a laborer living at Wakanui. Was at the Royal Hotel yesterday from about 11 o’clock a.m. Got the worse for liquor. Remembered seeing the accused there in the evening. Accused struck witness, but he could not state with what ihe blow was inflicted. It was different from on ordinary blow wich a fist. Was always on good terms with the accused. Did not know why accused struck him. It may have been because witness abused the accused, but could not state for certain. At this stage Mr Parnell appeared for the accused, a id cross-examined the wituess, who said he had been intoxicated, and so drunk that he could not say whether more one had struck him. Witness bad been drinking from about twelve o'clock yesterday morning. Could not swear to the accused having a knife in his hand.— Constable Neill said that he had from information received gone to the Royal Hotel last evening, and saw a quantity of blood on the concrete floor at the urinal of the hotel. Witness arrested accused at Mr David Johnstone’s house, Wakanui. Accused said after the warrant had been read to him that he did not use a knife. Witness found the ; knife produced on the accused. The . coat produced was also worn by ’ the prisoner. There was blood on the sleeve and also on the shirt worn by the accused. Welsh, re-called and examined by Mr Purnell: Said that he was perfectly sober when he saw Graham and the accused in the bar.—Thomas Leahy, a duly qualified medical practitioner, residing in Ashburton, said he examined Graham at the police station yesterday evening. The man wus suffering from a wound in the side of the nose, about half an inch long and one and a quarter inches deep. The knife produced would cause a wound similar to that on the nose of Graham. There was also a contusaion under the left eye. Witness dressed the wound. No bones were injured —By Mr Parnell: Witness did not consider the wound serious. It was quite possible that a drunken man by falling on something with a sharp edge, would receive a similar wound. He had inspected the scene of the alleged assault. There was nothing in the building which would have inflicted a wound similar to that borne by Graham. On the application of Mr Purnell, the further hearing of the case was adjourned until Saturday next. The prisoner was admitted to bail on his own recognisance, of LIOO, and two sureties of LSO each.