THE WHAU TARRING CASE.-COMMITTAL OF THE PRISONERS.

Auckland Star, Volume I, Issue 200, 30 August 1870, Page 2

THE WHAU TARRING CASE.-COM-MITTAL OF THE PRISONERS.

After several eases of drunkenness had been disposed of by his Worship G. B. Davy, Esq., Michael Hogan, James Donnelly, John Saltoun, and James Craig, were brought up on bail, charged by one George Preston with having assaulted him by knocking him down and pouring tar over him, at the Whau claim, on the 10th inst. Mr. Beveridge appeared for the prosecution, and Mr. Shapter for the defence. —Mr. Beveridge said he would withdraw the charge against Jajnes Craig, who was thereupon liberated. Mr. Beveridge, in his opening remarks, said the case was of a peculiar character, it being the first that had been brought before the Bench, and hoped it would be the last, as assaults of this kind could not for a moment be tolerated in any community. He then proceeded to state the circumstances under which the assault took place, and said whatever the prosecutor had done previously, it was no reason why they should show their disapprobation of his conduct by taking the law into their own hands. It wa. rerf unfortunate that Preston, before this assault took place, had only the use of one of his eyes, but by this act it was probable that he would be deprived of the other also, and he would, therefore, ask his Worship to send the prisoners for trial at the Supreme Court.

George Preston deposed: I am a miner, and on the ICth of August went up to the ( Whau claim. Saw Mr. Berthwick, manager, who told me to go to the bottom of the shaft and'fill the Government trucks. I had not been there long when the prisoners and a number of my fellow workmen came and violently assaulted me, kuocking me down in the mud. Some of them held me, and tore mj shirt, &c, open, and when Michael Hogan poured tar over me, and rubbed it on my breast and in my eyes, I begged of them to desist putting it in my eyes and face. They even tore my trousers open, and rubbed the tar on the lower part of my body. James Kinlan was the first who laid hands on me, and the other prisoners held me down. Whilst on the ground Saltoun swore an oath, and said if I did not lie still he would kick my head off. I am quite sure that the whole of the prisoners were participators in the affair. Soon as possible I set off to go home, but had not got more than one hundred yards below the machine when I lost my sight entirely, and if it had not been for a stranger, who took compassion and brought me to the hospital, I should never have got down. Dr. Lethbridge came to the hospital immediately afterwards, and gave instructions for me to be greased all over, and put into an hot bath, and then put into bed; and ever since I have been under his treatment on account of my right eye, which, until that morning, -was as good as could be wished for. Until within the last few days I could-not see my hand before me, and have been confined in a dark room ever since. I gave the prisoners no provocation whatever.—By Mr. Shapter: I went to Auckland 'o give evidence against one of the employe- for stealing specimens. On the Monday morni g, I went up to work. Saltoun said I ought to be ashamed of myself, and if I went down the shift he would drown me in the well. I was then removed to the battery, when Mr. B rthwiuk told me the men in the mill objected to work with me. The whole of the prison.rs assisted in holding me down whilst Hogan poured the tar over me.—Dr. Lethbridge deposed :I am resident surgeon t© the Thames Hospital, and know the last witness, Geo. Preston, who was brought to the Hospital on the morning of the 10th. I saw him immediately afterwards. The upper portion of his body and extremities were smeared over with tar. He complained very much of his eyes. Not much had got inside ; but around the eyelids it was very thick. After we had got the tar off, I examined his eyes and found them in an inflamed state, very much bloodshot. I consider the tar was the cause of the irritation. I noticed that the eyes continued to he inflamed for a day or two, when I noticed a cloud appear over the ball of the eye. It got larger the next day. There were also symptoms of inflammation of the iris. I used energetic meaus to reduce the inflammation, and succeeded in checking the spread of the ulcer, which was situated almost in the centre of the pupil, a little to the lower side.—Mr. Shaptsr cross-examined the witness at considerable length, when Dr. Kilgour was called, and fully corroborated the evidence of the last

■witness.—Mr. Shapter then addressed the Court for the defence, contending that the circumstances showed that great provocation had been given to the prisoners.—His Worship then said that he would commit the prisoners to the Supreme Court for trial.

The prisoners were admitted out on bail of £25 each.