RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume V, Issue 239, 9 June 1874, Page 6

RESIDENT MAGISTRATE'S COURT.

Friday, June 5, 1874. (Before W. Lawrence Simpson, Esq., R.M.) HKNRY BURROWS V. OWEN O'NEIL. Charge of assault. Mr Wilson for the complainant. The facts and circumstances in connection with this case are shortly as follows : O'Neil is manager of the Bannockburn Company's water-race. The is one of nine claimholders who recently gave up certain water they rented from that company m consequence of a rise in the price ; and at the same time, they sent a " round robin" to the Directors, statiug that so long as O'Neil retained the post of manager, they would refuse to take water from the company at any price. One Jones, it seems, working in the same neighbourhood as the nine before referred to, still rents water from the Bannockburn Company, and gave permission to Burrows to use it during the dinner-hour. O'Neil was apparently jealous of this privilege, and on the 28th of May, while Burrows was diverting the water, committed the offence complained, of. He rushed at Burrows, who was making use of a dead sheep to divert the water, with an uplifted shovel; did not ask him civilly to desist, but threatened to brain him. O'Neil lifted the sheep out, but directly he went away, Burrows put it back. Then O'Neil came at him with an uplifted pick, and Burrows thought it well to desist entirely; he could stand the shovel, but a pick, in the hands of a man who was foaming at the mouth almost, was rather too much. He did not say much to O'Neil; he was so disgusted at the man who would threaten to "skull" him with a pick, that he walked away. Burrows' son and some others came up, and the son called O'Neil a coward and a scoundrel to attack a man with a pick, whereupon O'Neil ran at him also. O'Neil was of opinion that Burrows' son had called him "Irish," and a "Papist"; but plaintiff, in answer to the Magistrate, said his son called him nothing of the sort ; in fact, the religious element was not introduced. One of Burrows'witnesses did not hear the son use " language" to O'Neil; besides, if he did, it was after the row with the father. O'Neil did not deny the soft impeachment as to the pick and shovel part of the affair; but wished to prove that Burrows was turning off water over which he had no control, and induced the assault. His Worship fined O'Neil five shillings and costs, and advised him in future to go about stopping people diverting water in some less alarming manner. SLAUGHTERING LICENSE. Daniel Scally, of the Nevis, was granted a slaughtering license.