RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume III, Issue 145, 20 August 1872, Page 6

RESIDENT MAGISTRATE'S COURT.

Thursday, August 15. (Before E. 11 Carew, Esq., R.M.) CHARGR OF ASSAULT. Samuel Mather was charged on the information of Edward M'Ridden, with having on the sth instant committed an assault upon the plaintiff by attempting to stab him with a knife. Mr Wilson, for the defendant, pleaded not guilty. The evidence of E. M'Fadden, W. Smith, and D. Moore, went to show that on the evening of Sunday, the 4th inst., the plaintiff and his mate, W. Smith, left Hoivigan's hotel, Carrickton, in company with the defendant, with the intention of proceeding to Adams's Gully, where all the parties resided. The plaintiff and defendant were both " under the influence," and on the way home the latter fell several times, and was ultimately left lying on the track, —the plaintiff and his mate Smith, who was sober, reaching their

hut about midnight. Between one and two o'clock they were aroused by the defendant knocking at the door ; and Moore, who was also staying at the hut, opened the door and let him in. Smith and the plaintiff were both in the same bed, and when the defendant got inside he ■charged them with having robbed him of £4 and some silver. He had a driving-pick in one hand and a table-knife in the other, and assuming a threatening attitude, he told them tbat if they did not give him back his money he would murder them. He rushed at them seveial times with the knife in his hand, and deiied all their attempts to pacify him. They assured him they knew nothing about his money, and offered to get up and help him to look for it. Smith managed to get outside the hut, and went to fetch the defendant's mate, John Clode, who live d in a hut a little way oil'. Clode went to plaintiffs hut in company with Smith, and in the meantime M'Fadden had also contrived to leave the hut. Clode tried to persuade the defendant to go home, but the latter said he would not leave the hut until he either got his money or took the lives of Smith and M'Fadden. Finally they left him in possession of the hut for the night,—Moore and Kennedy remaining along with him, and the others going in search of safer quarters.

Air Wilson briefly addressed the Court for the defence. He submitted that bis client only intended to frighten the plaintiff, for if be had intended to commit an assault, he had ample opportunit}'- for doing so. The Magistrate said the evidence of any actual assault was very slight, but still sufficient to establish the charge. lie thought the best course under the circumstances would be to hind over the defendant, in his own recognisance of £2O, to keep the peace towards the plaintiff for a period of six months, and to mulct him in the amount of Court expenses. Judgment accordingly. SPECIAL MCENSfi. The application of James Lawrence for permission to sell liquors at a booth to be erected near the Bannockburn School-house on the night of the conceit and ball, was granted. The police objected, but the Magistrate remarked that it was unusual to refuse such applications in cases where the applicant was a respectable man.

The famous Blue Spur, at Tunpeka, lias long been noted for the proncnessof its different mining companies and parties to rush into litigation. Owing to this, few of the claims can be worked to profitable advantage. Almost every blast of powder causes some ground from one claim to fall into and so interfere with the work, ing of another : and the law is being continually flown to for the purpose of determining the amount necessary to cover the consequent damages. The correspondent of the Dally Times states that an effort has therefore been made to amalgamate the whole of the different claims ; but with what result cannot be foretold. It is to be hoped that some movement of the kind will shortly be successful.