RESIDENT MAGISTRATE'S COURT, AHAURA.

Grey River Argus, Volume IX, Issue 621, 11 January 1870, Page 2

RESIDENT MAGISTRATE'S COURT, AHAURA.

: + - ' Thursday, January 6, (Before J. H. Lowe, Esq., R.M.) James O'Connor was charged with being drunk and disorderly and resisting the. police in the execution of their duty. Fined 10s, or 48. hours' imprisonment. ASSATTET. William O*Meara was charged with as* sa»lting Peter Elliott on the racecourse on 27thDecember. Detective Lambert proved the assault. Defendant said that when he. went on the course he tied his horse at a. bajth while he was. getting a. drink, ancfc when he came out he found hi» horse was gone. He next saw it in the aaddlingpaddock, and when he went to take it out Elliott and another- man refused to allow him, and assaulted him. In the scuffle tha bridle was broken. His Worship said defendant had certainly received some, provocation, but that did not justify him taking the law into his own hands. Fined L 2, or one week's imprisonment. . . OBSTRUCTING THE POLICE- • James Fitzgerald was summoned for obstructing Constable Paul in the execu- --"■"" tion of his duty, and also for using obawvo, language. Constable Paul said tnat when Brmrke(the man who was assaulted at the, racecourse) was lying at Dr Cooke's, the doctor requested him (Paul) to clear tha room in wHich he was, in order to give ' him air. He requested defendant among others to leave, and he might have pat his hand on his coat, when defendant turned round and began to "lay down the, law" to him, and asked him " how dare he lay his hand on him f" and further, he, called him a loafer and a hound, and used other offensive expressions. John Watkins was called, and partlycorroborated Paul's evidence with respect to the abusive language. His Worship said the charge of obstruct-, ing the police had not been proved, and with respect to the other charges, taking into consideration the circumstances under which the language was alleged to have, been used, he considered the charge frivo- ; lous. Both charges would be dismissed. ASSAUIT. Maurice Doolan was charged with violently assaulting Michael Bourke on tha. Ahaura Racecourse on Monday, Dec. 27, 1869. Defendant pleaded not guilty. M. Bourke : I remember the 27th, Dec^ I was on the racecourse that day. I know defendant. I had a conversation with him about a race which was being run between Mayberry's mare and another horse. I made a bet of 53 with Doolan on the result of the raeeSH Wheu the horses were in tha running I said Mayberry's mare twas first, when Doolau called me a b y liar, and struck me on the head with sk. heavy riding whip. I was knocked down by the blow, and when I got up I was. taken away by some friends. In about half an hour afterwards I again saw Doolan at Cooke and Owens' booth. I told him he had no right to strike me in the manner he did, when he struck at me again with the butt end of the whip. The i whip was in the act of descending on my head, when I struck Doolan in self-de-. fence. We had a scuffle, when somebody came behind me and knocked me down. Defendant kicked me when I was on tha ground. lam certain it was Doolan who, kicked, because I saw him. I was kicked on the left side of the head, my hearing is affected, and I have been suffering from the effects of the ill-usage I received ever since. Cross-examined : I was sober at the time, but I can't say I was perfectly: sober. Ido not recollect who was present when the first assault was committed. I noticed no person but Doolan. I was! struck with a riding whip. The blowrose a lump on my head, but did not cut me. I know I was struck with the butt, end of the whip, because 1 saw it, and besides I felt it. I did not tell Doolan ha could not get ss> or that he could not get any man in the district to fight me. I did not unbutton my coat with the inten- - tion of taking it off to fight. When I saw Doolan the second time at Cooke's booth* lam quite certain he had a whip in hi* hand. He was not cutting tobacco, ' neither did I notice a pipe. When he struck at me with the whip, I struck him straight out, quite natural, straight from the elbow with both hands. I cannot say if Doolan fell from the effect of my blow, because I was knocked down as soon as I struck him. I was not drinking at the Ahaura at two o'clock on the morning after this occurrence. The bandage has not been on my head ever since. Tha kick I got on the ear was given by Doolan. I am certain of that, because I was conscious when' I got it. ' Robert Lambert : lam a detective ii\

the Nelson Bolice Force. I know Bourke and Doolan. I recollect a disturbance on the racecourse in the middle of the afternoon on the 27th December. I pushed my way into the crowd, and I saw Bourke and Doolan both in an excited state. A man named Liddy had Bourke round the neck trying to take him away. I went up to arrest Liddy, thinking he was one of the rioters, when Bourke and Liddy came away with me, Half an hour afterwards there was anothey disturbance on another part of the course, and when I went up 1 saw Bourke lying insensible and bleeding from the left ear at Oooke's booth. He remained in this state for two hours, although every means were being taken to restore him to consciousness. I was in and out of the booth frequently during this time. Between the first and second row I requested both parties not to create any more disturbance. Cross-examined: I did not see any assault actually committed. John Paul : lam a constable stationed at the Ahaura. I saw Bourke immediately after the disturbano.3 at the racecourse. He was lyiusj insensible at Cooke's booth. He remained in that state for nearly two hours. Cross-examined : I saw Doolan immediately after he was arrested. His face was covered with blood; it was running from his nose and mouth. I saw Bourke at Pinkerton's between eight and nine o'clock the same evening. I did not see him drinking. : Alfred Morgan ; I am a butcher residing at Napoleon. I remember the disturbance on the racecourse on 27th December. I saw a crowd gathered. I lipnt to see what was the matter, and I paw Bourke lying on the ground on his face. Doolan was standing over him with a whip in his hand. I did not see the whip used. It appeared to me to be a hammer-headed whip ; it had some metallic substance on the end of it. I did not pee the beginning of the second affray. I saw Bourke go up to Doolan in the front of Cooke's booth and say to liim, " You had no right to strike me as you did." Bourke appeared to be reasoning with Doolan, when he said this. I saw Doolan raise the whip in his hand as if to strike Bourke, but before the whip had time to descend, Bourke struck Doolan with both fists in the face a good many times. They fought their way right into the bar, both fighting as hard as they could. I then saw a man rush after Bourke. and strike and kick him at the same time. Bourke turned on him, but another man, a friend of Bourke's, interfered and took him off his (Bourke's) hands. This roan's name is John Liddy. Bourke then re-engaged with Doolan. I then saw another man rush at Bourke and try to trip him. He ptruck him with his hand, and Bourke •went down- I pushed my way in, and I saw Bourke lying on the ground, and Doolan kicking him. He was lying on his side when he got the first kick on the chest. It was not a gentle kick. Doolan drew his leg back to deliver it. There were two or three kicking him at the same time. I saw one kick given on the side of his head. After he got this kick, Bourke drew 4 long breath, fell over on; his «f ace, and became insensible. Some one cried out that lie was dead. The words were, f 'Mick Bourke is done for." Ho -was kicked again after that by Doolan, but I can't say where. , Cross-examined : I was excited but I was sober. lam a teetotaller. I swear distinctly that the second disturbance did not take place inside the bar, but outside three or four yards. By the Bench : When Bourke was lying on the ground, supposed to be dead, after the last kick had been given him, I went and looked at and spoke to him, but got no answer. He was black in the face. I turned round and saw Doolan going away. I went after him and gave him in charge. I saw Bourke tak§n into the inside room ; he was insensible. I saw him when he first began to gome to, in about half -an-, hour. It was over- an hour and a-half before he was able to leave. - Bourke tised no language calculated to provoke Doolan to strike him. • ' ■'■ John Leach, a miner-! rom Nelson creek, j was called, he said he saw the whole occurrence, but as he could not identify the defendant, his evidence was hot taken. John Liddy : I am a cook, living at the Ahaura. I saw Bourke on the course the day the row took place, and, as he appeared likely to get a beating, I endeavored to take him away. I saw him again at Cook's, quarrelling with Doolan. A man named Deare rushed in to strike Bourke, but I prevented him, Cross-examined : I did not see Doolan kick Bourke, John Jeffries : X am a constable at the Ahaura. I was on the course on the 27th December. I saw Bourke and Doolan there. Early in the day I saw them fighting. I separated them. In half-an-hour afterwards I saw a crowd at Cook's booth. I went there and saw Bourke lying on the ground bleeding, and apparently insensible. Blood was oozing from his right ear. I spoke to him but he was unable to give me an answer, he was moaning as though he was in extreme pain, I thought he was dying. I arrested Doolan and brought him off the cou-ise, and took him to the station. Cross-extmined : Doolan was sober when J arrested hin>,. he offered no resistance. Other parties interfered, but Doolan said he would submit to the law, and he came away willingly. His nose was swollen and bleeding. It bled until I got him to the Station. I saw Bourke at the Albion Hotel the same evening, he was quite sensible then, but he appeared to. be suffering from the injuries he had received. The depositions were then read over to the defendant, and after being cautioned he was told he might make a statement if he chose. Defendant said that when the ladies' race were being run on the course, he was called on by Bourke and another man as a referee (being a steward) to say which horse came in first. I said I thought it was the horse Mrs Black rode. Bourke paid I was wrong and that the race would have to be run over again. He said he knCw more about racing than ] did, and remarked that we had a nice lot of b muffs for stewards. He then said to me, '* who are yon to be a steward ?" You are only a thing. 1 told him to mind his own business, as 1 wanted to have nothing to do ■with him, He then said — " I'll make you have to do with me." I went away and he followed me, and asked me if I bad any money, and said he would fight any man in the district for all the money j could raise. He then threatened to slap me across the mouth, and I told him if he rose a hand to me he would regret it. He rushed at me, but I tried to keep out of bis. way, A crowd gathered, we closed to-

gether, and after some scuffling we both fell. The police interfered, and Bourke was taken away. I lost my hat, and some time afterwards I found it at Cook's booth. I remained at Cook's for some time, and I was standing at the bar filling my pipe when Bourke came in. He walked 3traight up to me and gave me a blow between the eyes which stupified me. I don't recollect anything which occurred afterwards until I found myself in the custody of the police. I was handcuffed and taken to the Ahaura. For the defence, Michael Savage swore positively that Doolan did not raise a whip to strike Bourke. The rest of his evidence was immaterial. Fred. Knyvett : I reside at the Ahaura. I went to Cooke's booth on the racecourse with Bourke. Doolan was there. Bourke made a remark to Doolan about Doolan striking him with a whip in the early part of the day. I took the remark to be a remonstrance. Doolan replied. I can't remember what he said. After some more words Bourke struck Doolan in the face. When Doolan was struck lie said nothing. By the Bench : Doolan did not raise his hand to strike Bourke before Bourke struck him. Doolan's hands were in front of him ; he was gesticulating, but I can't say if he had a whip in his hand. After Doolan was struck he retreated back two or three yards, but he did not fall. I saw some person strike Bourke from behind, but it was not Doolan. Bourke reeled against the bar from the effects of the blow. The name of the man who struck Bourke is Patrick Deare. Doolan was not knocked senseless at any time during the fight ; he was on his legs the whole time. I saw Bourke afterwards when his face was covered with blood. There was no blood on his face before he fell. I did not see Doolan strike Bourke at any time, but I saw him kick him. He kicked him on the ear. Bourse was stunned from the kick. He cried out once and becams insensible. Doolan was not on the ground at any time ; I swear so positively. 'Doolan's face was covered with blood from the effects of Bourke's blows. Bourke certainly began the encounter. Thomas Doolan : It was in Cooke's booth with the defendant when Bourke came in and asked defendant why he struck him on the course. He struck defendant as soon as he spoke with both hands. The rush and confusion was so great that I could not clearly see what occurred afterwards. I did not see Doolan kick Bourke ; any other person in the tent might have kicked him. Doolan's face was fcwollen and covered with blood. It was the effect of the blow he got from Bourke. Cross-examined : I am a brother of the accused. We were fifteen minutes in the booth before Bourke came in. I was not protecting Bourke ; I was looking after myself. I saw Deare after the row was over, but uot before. Patrick Deare was called, but his evidence did not bear on the facts of the case. ' * The Court adjourned until 10 o'clock on Friday morning. Friday, January 7. Michael Bourke was charged with assaulting Maurige Doolan, on the Ahaura Racecourse, on Monday, 27th Dec, 186,9. The evidence, which was lai?en in Doolan's case, was admitted by consent. His Worship commented at some length on the evidence, particularly that given by Knyvett, which he considered to bft the most reliable, .and, addressing the defendant, told him he might blame himself in a great measure for being in the position in which he found himself. He evidently commenced the affray, which was very nearly ending with the loss of his own life. He hoped the narrow escape he had had would be a warning to "him for the future, The sentence of the Court wa3, that he should pay a fine of LlO, or be imprisoned for one month with hard labor, - ' Maurice Doolan was then told to stand forward. His Worship considered he had been guilty of a cowardly and brutal assault on Michael Bourke. It was true he had received some provocation, but nothing could extenuate the brutality of kicking the man when he was down, and, as the evidence went to show, insensible, It was through the mercy of Providence that he was not before that Court charged with murder, for it was by a mere, accident that Bourke escaped. A man in hi 3 position ought to have shown a good example, and to mark his sense of his coiir duct, he would pass upon, taking into consideration his previous good character, and_ the fact that he was the father of a family, such a sentence as would be -a warning to him and others for the future. The sentence of the Court was, that he be impriEoned for two months with hard labor in Cobden gaol. Another charge of disorderly conduct on the racecourse, against the same defendant, was dismissed. Previous to the rising of the Court, Michael Bourke was called up, and the Magistrate said that on a re-consideration of his case, he had come to the conclusion that a mitigated penalty would meet the demands of the charge oi which he had been found guilty. There was no doubt he had been severely punished, and he was still evidently suffering from the effects of the injuries he had sustained. Taking these circumstances into consideration the fine would be reduced to £5, but he would again caution him to avoid these scrapes for the future. Patrick Deare was charged with dis* orderly conduct on the racecourse, on the 27th December. Defendant admitted that he was fighting, but it was in self-defence — he was assaulted first. Constable Jeffries gave the defendant a good character. Dismissed with a caution, Peter May was charged with being drunk and disorderly, and unlawfully on the premises of Mesdames Coffey and Cash, at Napoleon. His Worship thought there was no evidence to prove that the accused was illegally on the premises, and he should therefore deal with the charge as one of drunkenness.. Fined 10s, or 48 hours' imprisonment,