RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume IX, Issue 619, 6 January 1870, Page 2

RESIDENT MAGISTRATE'S COURT.

♦ .j Tuesday, January 4. (Before W. H. Revell; Esq., R.M.) Assault. — Harry Galland was charged with having assaulted A. Moore, at Paroa, by striking him on the eye with a bottle. Defendant did not appear, and after hear* ing the evidence the Magistrate inflicted a tine of L 5 and costs. — Frank Gavin v. Harry Galland. The defendant did not appear, and a warrant was ordered to be issued for his apprehension. James Lovel v. F. A. Olden, Paroa.— This was a charge of assault with intent to do grievous bodily harm. (It evidently arose out of bad feeling created by a more serious charge recently heard in this Court.) Mr Newton appeared for the prosecution. James Lovell : 1 saw accused on Thursday, 23rd December last, at the front of his house at Paroa, when 1 was passing with some sheep. I was trying to catch a sheep for Mr Barnhill, and it ran in behind the defendant's hoii3e. I was standing at one of the gaps in the fence to prevent the sheep getting throngh. Mr Barnhill and Mr Davison were assisting me. I did not speak to the accused, or give him any provocation by gesture or speaking to him. I saw him run oat at his back door, and go towards the cowshed. I cannot say whether he had any* thing in his hand. He rushed out of the cowshed, at a distance of about six or eight yards from me, saying he would cut, me down. He had a bill-hook in his hand. He appeared to be very much excited and to mean mischief, so I called out to Mr Barnhill, and he jumped forward, caught hold of his arm, and took the hook trom him. He was swinging his arm, as if to take a sure cut at me. After the weapon was taken from him he walked into the house. lam in fear that the prisoner will do me some grievous bodily harm. When stopped he Avas about three yards from me, and I was falling back. I have not heard him make use of threat's towards me. By the prisoner : I do not remember you making any use of any remark to me at the front door. I remember a white dog scattering my sheep, and I tcok up a stone to throw at him. Ido not remember you asking me not to strike the dog, and I did not say I would kick his teeth down his throat The sheep ran into your yard of their own accord. I did not go on your ground. I only stood at the gap in the fence. I might have had one foot on your ground. You did not say — " Stand outside of that fence or else I will make you," When the weapon was taken from you the first remark I made to you was — "Come outside like a man." You did not say you were landlord of the ground. I did not threaten to punch your teeth down your throat, or to takbit out of yon in court because you would not fight. Gardner Davison gave corroborative evidence. Hugh Barnhill gave similar evidence, but added, that when the defendant came out the complainant made use of irritating language towards him. The defence was that the complainant was on the defendant's ground, and when ordered off, he used irritating and abusive language, and challenged the defendant out to fight. The Magistrate, taking all the circumstances into consideration, dismissed the case. On Wednesday there was no business before the Court.