RESIDENT MAGISTRATE’S AND WARDEN’S COURT.

Dunstan Times, Issue 342, 13 November 1868, Page 2

RESIDENT MAGISTRATE’S AND WARDEN’S COURT.

CLYDE, (Before Vincent Pyke, Esq., E.M., and J■ D. FeraU'l, Esq., J.P. and Janies Hazlett, Esq., J.P. Nov. 10. Peter Flannery and Patrick Barrett were brought up on remand for unlawfully and maliciously inflicting'previous bodilv ham on a miner named Charles Story. Mr. W, L. Bailey watchel the case for the accuse 1 Charles Story who was in a very weak state was accommodated v ith a chair, he was sworn and deposed, Eememhcr the nmht after Black’s races 27th October; was at Black’s, at Spain’s Niagara Hotel; I ncognise both the prisoners, they were there also; whilst dancing with Barrett ho tripped mo and threw me down several times; I thought ho was only larking; the M last time he threw' me down I noticed the * accused Flannery coming towards me, when down I was struck about the hea ’, I sue cee cd at length in regaining my feet and walkol into another room, Flannery followed me in and again struck me on the head, I then became insensible and remember nothing until I was being lifted into a cart to bo c nveyed to the Dunstan. By the Bench.—l do not remember going into the street after I was struck, nor with what I was struck. Cross-examined by P. Barrett.—l will not swear you struck me in the dancin" room, I do not remember anything about a general row, I remember two or three being on the top of n e after you threw me down I was not sober at the time. Crossoxamincd by p. flanrcry.— I recollee L . you sinking me in the head when in the little room. Secant A. Thomnson sworn, said lam Sergeant of Police, stationed at Clyde.

From information received I arrested the accused Flannery, at Black’s, on the morning of the 29th October; in conveying him to the Police Station I was accompanied by the accused Barrett and others; in reply to a question from one of the other perso-’s, I stated there was no cause for alarm about the man Story, other than the doctor said—he was in danger. On entering the station the accused Barrett said I don’t care a farthing what happens to me, so long as the man does not die, as, if he did, I would never forgive myself, and added it was all grog, I then arrested him. Dr. C. Shaw said, he wished to amend his evidence as given on a former occasion. Upon being sworn, deposed, the wound receive i is a compound fracture, by that I mean a fracture of the bone, with a lacerated wound of the skin ; again, in saying a very fl t stone would cause the wound, I mean that a flat stone, if standing on its edge might have caused the wound. By the Bench. I now consider Storey to be out of immediate danger. For the defence. P. Barrett said :—I have only to say that on the day of Black’s races, 1 had a good drop to drink, and was at a dance at night, where all hands were pretty well drunk and rolling about, and I have no recollection of striking the man. The defence of P. Flannery was the same. The Bench, after consideration committed the prisoners for trial at the next Criminal sitting in Dun din. Mr. W. L. Bailey on behalf of the prisoners, asked if bail would he taken. The Bench stated they would consider the questi n, and before the closing of the Court give an answer. Thomas Pmnmery Allen was charged with stealing a chamois leather bag, containing £29 2s. 6d., and a deposit receipt for finn.—Pleaded not guilty. Mr. W. L. Bailey watched the case for the accused. The evidence in this case being purely circumstantial, the Bench considered there was no case for a jury, and discharged the accu=ed. Patterson v. Holt.—Claim, £l. Case , dismissed ; plaintiff to pay costs. Kenny v. Connew.-—620 for damages, done hv defendants cattle in breaking down fence, and eating crops. Damage was proved, but neither party to the suit having practical persons present, to give evidence as to amount of damagedone, the case was adjourned for a week. In answer to a question by defendant, the Bench stated the>e was no necessity for a farmer to erect fences to protect his crops, it was the duty of cattle owners to see that their cattle di 1 not do damage. Patrick Flannery andPPere + er Barrett were again brought up and a’mitted to Bail in £ 2oo personal securities each, and two securities of £IOO each.