KUMARA MAGISTRATE'S COURT.

Greymouth Evening Star, Volume XXXI, 28 August 1901, Page 2

KUMARA MAGISTRATE'S COURT.

—! o:o i August 27th, 1901. (Before Messrs. Benyon and Aitken, J.P.'s) Police v. Hugh Murray.—Charged with throwing stones to the danger of Vincent Biauki and of assault by striking Biauki on the hand with a stone. Inspector Macdonnell prosecuted on behalf of the police and Mr. Murdoch appeared, for the defence. Vincent Biauki said he was a miner 78 years old residing in a hut at thejunction of Callighan s Track with Hokitika Road. He remembered Sunday,. August Ilth. He was in bis hut when accused with two others drove along in a buggy and stopped about 80 yards beyond the hut. One of the accused got out, came up to the door of the hut, kicked and shook it. Witness opened the door and the accused tried to get in. He said he would hit him with a tomahawk if he would not let him alone. He (accused) then went away a bit and threw about a dozen stones at his hut. One of them struck witness on the hand. Only one of the young fellows got out at first, but afterwards two got out and assisted the first into the trap. Frederick Bauckie, sworn, said he remembered Sunday, August 11th. In reply to Inspector Macdonnell he declined to answer where he was on the 11th. An animated discussion ensued between Inspector Macdonnell, Mr. Murdoch and the Bench as to the liability of the witness to answer the question asked. Eventually the Bench ruled that witness must answer the question as to where he was on Sunday, August 11th. The witness on being again asked the same question, replied " Yes."

Inspector: " Did you go anywhere in a buggy on Sunday, the 11th P" Witness: " I decline to answer." ■

The Bench ordered the witness to stand down. Thomas Hibbs said he was a mill hand at Kumara Railway Junction. This witness took the same stand as the previous one. The Bench ruled that the question must be answered. The witness still persisted in his refusal, and was eventually ordered to stand down. Richard Moore said he was a bushman at Kumara Railway Junction. This witness followed the same course as the two previous witnesses, and was ordered to stand down.

Constable Dew gave evidence as to seeing the wound on Vincent Biauki's hand, and also to seeing marks on the door, which Biauki said were made by stones thrown by a young man answering to the description of accused. Mr Murdoch addressed the Court on behalf of accused, and asked the Bench to deal lienently with accused if they decided to convict, as the accused had nothing but his reputation. Their Worships convicted accused, but adjourned the case for sentence until the 28 August to enable a previous conviction to be proved. An assault case was adjourned till the regular court day to come before the Magistrate.