TAURANGA R.M. COURT

Bay of Plenty Times, Volume II, Issue 179, 23 May 1874, Page 3

TAURANGA R.M. COURT

Wkdsesiut, Mat 20. (Before Major Roberts, K.M.) WU'N tC F.NXKSS . One drunkard was treated in the usual manner. ASB.AUXT, John J, Redmond was charged with assaulting Joseph Ivina ley at Tauranga'on the 13th May last.

The defendant pleaded not guilty. George Waterson, carpenter, “being sworn, deposed : I was coining down to my work this day week ; when in Wharf street I saw Redmond strike Kinsley and knock him down ; I said to Redmond, “ Don’t strike a man when down,” and Redmond did not do so ; there was some dispute about a ooat ; this is nil I know about the offence.

By defendant ; Ton struck Ivinalev more than onco ; you made two blows at him ; before striking Kinsley you said to him, “Are you of the same mind as you were last night r ” Ido not know of my own knowledge of nuy reason why yoti should have assaulted Kinsley, except that he insulted you a; the public dinner the previous night.

By his Worship : Kinsley interrupted Bed mend when speaking at the public dinner, and told him to “ shut up,” or words to that effect ; the complainant was not injured at all by the blows struck.

Joseph Kinsley stated ; Bast Wednesday morning I was coming into town ; I felt very ill that morning ; I did not expect to meet Mr Redmond, but lie “ whipped ” around the corner of Clarke’s fence, and before I was hardly aware of it he knocked me down ; he struck me down ; I was not able to resist him that morning ; he told me I tore his coat and asked mo if I would piy for repairing it ; I said I would ; ho turned round, called me names, and said ho must have a new coat; I did not reply to R ;dmond, but let him have it all his own way ; that ia all. By defendant - I say positively that you gave me no warning before yoa struck mo ; I did not assault you at the diuuor ; X behove I insulted V'ou upon the occasion of tho dinner the night previous ; you tapped me on the shoulder that night, and we went outside together ; you then knocked me down.

By his Worship : I was hijured in tho mouth by the assault.

The defendant stated : I was insulted most grossly by tho complainant, was assaulted twice by him on the same night, and was much a BS av ’ a f c d the following morning in consequence 5 I had a new cc. t badly and wilfully torn by Kinsley ; It was not my intention to bring tho matter before your Worship; Kinsley, in the most abject manner, promised to got my coat mended after the assault. __ THE TABLES TUiIWEB. Joseph ivinsley was then charged with having assaulted John J. Redmond on tho 12 h of May last.

Defendant pleaded not guilty. J. J. Redmond deposed : On tho night of the late public dinner, about half-past eight o’clock, I proposed a toast to “ The officers and men of the let Waikatos I was interrupted by Kinsley standing up and saying, “ It’s all tho officers with you, what about the men?” ho also called me some very foul names ; ho appeared perfectly sober ; I never had any quarrel with him previously ; in about five minutes afterwards I went to the end of tho table thinking ho was under some wrong impression ; we went outside together; I said, “Joe, have I ever done anything to injure you ?” Kinsley made no answer, but stooped down, caught me by the legs, and threw me on my back, ho following on the top of me ; bo tore me on the face and neck ; he was ultimately pulled away from me, but not before bo had kicked mo repeatedly while I was on the ground ; the effect of those kicks is only just wearing away now; when I got up I struck the defendant and knocked him down ; some bystanders then took him away ; I wont back to the dinner ; in about three-quarters of an hour afterwards Kinsley came again towards mo, and assaulted me by pushing me on one side, and again called me foul names ; I. struck at him in self defence ; he caught bold of my coat by the shouldi-r and tore it; he was taken away by others ; I produce the torn coat ; I did not want to prosecute Kinsley, but simply to recover the value of the coat ; I was most grievously insulted and assaulted by Kinsley ; I only wanted the fair value of the coat.

By defendant : I wag always on good terms with yon, and never assaulted you before ; in sober moments I never had a word with anybody in lauranga; you offered to get me a new coat before you got un from the ground. Clarke, cc -dial manufacturer, stated : I saw Kinsley strike Redmond outside the Hall on the evening of the 12th ; they were both on the ground, Kinsley <l topmost” ; I wan not there at, the commencement; I did not see Kinsley kick at Redmond.

By defendant : It was more of a scufll ing than a savage blow.

Bv Lia Worship : X do not know who struck the first blow ; I saw both parties ecnflling on the ground and immediately' separated them. J. X'. Bradley said ho was at the dinner the other night, and sat at thesame table with Kinsley ; Redmond proposed the toast of the officers and men of the I'irst Waikato* ; -Kinsley interrupted Redtnondand used abusive language ;ho (witness) endeavoured to keep Kinsley in order ; die parties ujtimately went outside; later in the evening Kinsley again insulted Redmond. By defendant : You were perfectly sober; I did not see the coat torn, Hia Worship ordered the defendant Redmond to pay a fine of 20s and coats. The charge against Kinsley was dismissed. CIVIL SIDE. Robertson t. Mitchell. —Claim £2 11 g.— Judgment by default. The Court then adjourned.