RESIDENT MAGISTERTE'S COURT PORT CHALMERS,

Evening Star, Issue 3926, 24 September 1875, Page 2

RESIDENT MAGISTERTE'S COURT PORT CHALMERS,

Fridat, September 24. (Before Captain Thomson 'and^Dr 1 Drysdale, J.P.'s.) ~

Assault in a Railway Carriage-Ah-tnony Bowling was charged on remand with assaulting '1 nomas M'Guire in a railway carnage.when the following additional evidence was given :—II. Bacon, bootmaker, deposed he got into the train at Dunedin last Mondey evening to go to Ravensbourne. A man was then lying on one of the seats full length. 1 'id not know him or the defendant, who was also present at felichet Bay. Three other men got into the carriage, and Bowleg advised them to get into the corner out of the way of the man, who did not appear to be well.' When opposite the stone quarry the man jumped up and struck one of the three men, and then struck Bowling. Witnoys reproached him for doing so when M'Guire Btruck him. They afterwards quieted him; but when they got to Ravensbourne M'Guiro struck witness when getting out of the carriage, and seized him by the arm when witness pulled him out on to the platform. As the train was starting M'Guire jumpnd into the carriage through the window. Was sure M'Guire assaulted Bowling first, and every one else in the carriage. He behaved like a maniac—James Crawford deposed tlut he got into the train at Pelichet Bay on the nighc in question. There were three other men aud a boy in the carriage. ()ne of the men was covered in blood as if he had been fighting. After the train had proceeded some distance, M'Guire commenced to quarrel with ona of the men, and witness then took the boy on his knee; and M Guire and Bacon commenced to fight as far as Eavwisbourne, were Bucon got out and pulled M'Guire out of the carriage with him. Atter the train staited M'Guire juuv ed in again through t'io window. They tried all they could to pacify M'Uuire and g>t on pretty well until they passed Glendermid, when M Guire commenced to fight with Bowling, but could not say who struck the first blow.—By the Bench : Witness was. not more drunk than the others in the carriage. M'Guire tried to quarrel with witness or Howling. The man Bacon appeared to be intoxicated.—After further questions from the Bench and Mr Joyce, who a peaied for the accused, it appeared that the witness at the time was m>t sober—Th Bench retired to consider their verdict, and upon returning into court stated they were quite willing to give the accused the benefit of Belf-defence, but the law did n.,t re cognise the right of revenge. Accused had carried it too far, and they inflicted a fine of 1.3, but at the same time expressed an opinion that the railway officers should look further into the case.