RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 2978, 4 September 1872, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. 0. Strode, Esq., R.M.) Civil Casks, Winstanley v, James Jones.—Llß 7s 6d. Mr M‘Keay for the plaintiff. The action was brought to recover the amount of an 1.0. U., and was undefended. Judgment by default for the plaintiff with costs'. Bird v. Jon. W. Fish.—L7 5s sd.—Judgment by default for the plaintiff with costs, Boyd and another v. Proudfoot —Mr, D. Stewart for the plaintiff. Mr Haggitt applied for an adjournment, as a material witness had not arrived, and one of the counsel (Mr J. Smith) was unable to be present, being engaged in the Supreme Court. Mr Stewart opposed the adjournment. His Worship considered it necessary to put a limit to any further adjournment, and that the case should be heard next Friday fortnight. Gallagher v. Prince.— L3O. Mr M'Keay for the plaintiff; Mr Stout for the defen.

danfc. r ”liis was a claim for damages to tlio noso and face- of the plaintiff, alleged to have been done by the defendant on the 17ih August last. Mr M ‘Keay traced the circum stances that led u > to the assault, referring it back to an action in which an adverse judgment was given against plaintiff and illfeeling caused.—J. Gallagher, the plaintiff, said about 11 o’clock on the evening of August 17, he was playing with Joe Munton at, billiards in the room of the Empire Hotel, when defendant walked in and used insulting language in reference to him, on which plaintiff complained to Mr Dodson, and gave up playing. Mr Dodson remonstrated with Prince, and told him he could not allow his customers to be insulted. As Prince con- > tinued to be abusive, Mr Dodson went for a policeman. Plaintiff sat down on a sofa, and defendant went up and struck him on the nose with his fist. Witness seized a cue. to j defend himself, but it was taken from him by the marker '; and Prince again advancing struck him ou the eye. Plaintiff, in selfdefence, seized him by the throat, when he attempted to kick ; hut plaintiff prevented this by seizing his leg. Closing Avith defendant, plaintiff threw him on the sofa, and was pulled off the man by some bystanders, when Prince being liberated struck him again. (Plaintiffs clothes were prod need, which were very much stained with blood.) Through the wounds received plaintiff was prevented attending to his business. In cross-exami-nation by Mr Stout, the plaintiff said he was playing for two pounds a game and lost, but he did not cause him to lose his temper. —Dr Alexander said on the 15th August he attended Gallagher, who had a wound on the bridge of his nose and another on the eye. The wounds bad b'ei freely, and bad been caused by heavy blows. - George Dodson board the defendant make use of bad language towards plaintiff, for which he reproved him, when defendant challenged him to fight —John Hart, billiard marker, confirmed Gallagher’s evidence.—John Thorpe, dramatic artist, saw Prince assault Gallagher, the struggle on the sofa, and separated them —For the defence. Mr Stout urged that Gallagher, having attempted to take the law into his own hands, had no grounds for claiming compensation in a Court of Justice, He called Joseph Munton, who gave similar evidence to what has already been given.— The defendant, Henry Prince, said that provoking language was used by Gallagher to him before he struck him. He had offered to fight him (witness) for LSO on one occasion, and plaintiff offered to settle the present action for Llo.—His Worship considered from the evideu.e that the assault arose fr in a decision given in the Court. He must consider the whole one ooutinuous assault, and that defendant went into the room, bent on a row. Judgment for plaintiff, Lls and costs.