MAGISTRATES’ COURTS.

Globe, Volume II, Issue 141, 14 November 1874, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Saturday, November 14. [Before C. C. Bowen, Esq., E. M. J VIOLENT ASSAULT. Patrick O’Brien was charged with having violently assaulted Thos Irvine at the Eakaia, on Tuesday last. Mr O’Neil appeared for the accused.

The prosecutor stated that he was at present a patient in the Hospital On Tuesday last he and prisoner were at the Eakaia together, and after some conversation, prisoner struck him, when he (witness) called him a coward, and they then both agreed to go into a paddock and have a quiet fight. He remembered nothing after this, and his present state was the result of the beating he had then got from prisoner. He was under the influence of drink at the time. They had both agreed to go and fight it out. There was nobody present when they fought. By Mr O’Neil —After the prisoner struck me it was proposed to have a fight. I do not remember asking the defendant to fight I do not remember asking the defendant to fight in the public house before we went out, nor do I remember following him out and wanting him to fight. The defendant had also taken some drink.

Stephen Gilmour, barman at Robinson’s Hotel, Eakaia, remembered seeing the prosecutor and accused at the hotel on Tuesday. They were drinking with others, and he heard these two men arguing about fighting. He saw Irvin fall against the wall, as if he had been struck, but he did not see any one strike him, O’Brien was near Irvin at the time, and they wanted to fight in the taproom, but he would not allow them to do so. He then heard Irvin ask O’Brien to go out and fight. He lost sight of the men for some time, and afterwards saw O’Brien coming across the tussocks from some paddocks, and after he had had a short conversation with him he (witness) and others went over to a paddock and found Irvin lying down, unconscious, with his face covered with blood. Irvin told him, when he came to his senses, that when he got O’Brien down he let him up, but when he was under O Brien kept him down. O’Brien seemed to be nearly sober at the time, but Irwin had been drinking the day before, and that morning, and had taken no, breakfast.

By Mr O’Neil—lt was Irvin who wanted to tight in the tap-room. Irvin distinctly told him that he knocked O’Brien down first when they were fighting. To his Worship—When O’Brien spoke to me, after coming across the tussocks, he told me that he had left Irvin in the paddock, and showed me his hands covered with blood.

Peter McKenna, living at the South Rakaia, said he was at the Ilakaia Hotel on Tuesday last, and heard the prosecutor and accused having some words. He saw O’Brien put his fist in Irvin’s face, and they after arranged to have a fight. They both seemed

eager to fight, but Irvin was under the influence of drink. He asked them to postpone the fight until the following morning.

By Mr O’Neil—Though O’Brien had been taking some drink, he was quite capable or transacting any business, but Irvin was very drunk, When he left them the men appeared to be on good terms. Isaac Faulkner, cook at the Rakaia Hotel, said be saw the two men passing at the back of the hotel on Tuesday last. He heard Irvin say, “ Let us have it out there,” and O’Brien said —“ No, we’ll go behind the hedge.” He (O’Brien) also said—" You black livered —, I’ll leave you there.” Afterwards he (witnes) saw O’Brien draw a bucket of water from the well, and wash his hands, which were covered all over with blood. He heard O’Brien in answer to some person say, “ That he had left Irvin over there behind the hedge."

Mr Parkcrson, surgeon at the hospital, described the state of the prosecutor when he was brought into the hospital. Mr O’iSTeil submitted to the Bench that the assault was only a case of misadventure, as there had been no malice shown by the evidence, and Irvin had been as eager to fight as the accused. He would submit that, considering the absence of any ill-will shown, it was a case in which his Worship might see fit to inflict a minimum punishment.

His Worship asked if the accused could produce any evidence as to character. Mr O’Neil said that his client was a stranger at the Raikaia. Inspector Buckley said that he had known Irvin for some years at Temuka. He had never heard anything wrong about him before.

Mr O’Neil hoped that, from Mr Buckley’s statement of character, and Mr Parkerson’s evidence, his Worship would consider a lino sufficient to meet the justice of the case. His Worship said that, he could not pass this assault with only a fine, as, though both men had agreed to light, fighting was the savage element of society. There was a great deal of callousness shown by the accused in leaving the man to lie behind the hedge, to die for all he cared. Though it had been stated in evidence that Irvin had expressed a wish to light, it had also been shown that he was very drunk at the time, and the assault had been a most savage one. The accused would bn sentenced to two months’ imprisonment with hard labor. DRUNK AND DISORDERLY. H. Jones and Margaret Grierson, for this offence, were each lined 20s. FAILING TO OBEY AN ORDER OP THE COURT.

Thomas Helms was summoned for failing to contribute towards the support of his wife as ordered by the Court, on the 15th May. His Worship made an order that the amount of arrears (£5) be paid into Court by 12 o’clock, on Monday, or a warrant would issue.