RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Grey River Argus, Volume X, Issue 764, 10 December 1870, Page 2

RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Friday, December 9. Jefore Wi H. Revell, Esq., R.M., and J. Greenwood, Esq., J.P.) An Election Incident — Assault. Jaaie3 Payne was charged on the inforvation of James Browne with assault on lie 7th insfc. Mr Guinness appeared for lie complainant. . James Browne said : I am editor of the foening Star. On Wednesday about A>ne 'clock 1 was on the footpath on Mawhera Juay, and Dr. Morice and other gentlelen were on the wharf opposite.' Dr. dorice called me over. I got on the p. harf, and Dr Morice said somethingabout he election. I there saw, for the first ime, that ' Mr Payne was among the ;entlemen present. He^stepped out, and truck at my face, but whether I turned t or not I don't know, but I only received i ciit instead of a bruise. I tried to get i way from him j when he followed me, md we both fell together. I know lothing • more about it, but think that some one must have taken him away. Cross examined : 1 am responsible for the article which appeared in the Evening Star of the 6th in st. [The defendant here handed to the Bench the paper containing the article in question, which, we may explain, in order to understand what follows, styled the defendant and his supporters, sweepers of gutters.] I did^_ riot near the exact words used by D? Morice. When I came over I did not repeat the words used in the article referred . to.. T did not hear you say "put up your hands " before you struck' me. I 'did not strike you. Dr Morica : ' I was on the wharf on Wednesday with several other gentlemen, ■when I saw Browne passing on the footpath. I touched Payne on the sjhpulder and called out ' 'Browne, here's a guttersweeper, and I'm going to vote for him and put him in." Browne came o*.«-, and Payne stepped out, made use of seme words I don't recollect, and then tried to .. hit him. They had a scuffle ; they were about a match, and I did not intere until they fell, when I took Payne away., ._ Cross-examined : I did not hear Browne repeat the offensive words when.he came upon the wharf, ; ; ;Browne tried toihit you V when you were both on the ground. He ; tore your coat. Ralph De Costa gave similar evidence. When he saw them fall he tried to raise one of them, but the weight was too much for him. . The defendant, being called upon, admitted the assault, but' pleaded having received gross provocation from Browne, who lately had never omitted an 1 opportunity of maligning : him in his paper. The article of the 6th instant he had put in was of so gross a nature, that every person he met in the street told him he would be a cbVardif he did not resent it. On the 7th. he intentionally kept out of Browne's way, and when on the wfrarf he asked Dr Morice not to call him over. In answer to the call Browne came over, and with that malignant sneer he usually has upon his countenance, repeated the ohnoxious words. He then : struck him, but, before doing so, told him to put up his hands, for he meant to hit him. Browne irairnpTn's^Mia^sTanary scuSe took _place, when Browne kicked him on the -legjj from the effects of which he was still suffering, and tore his coafe so as to render it useless. The Magistrate said the assault was proved, and admitted by the defendant, j who pleaded provocation. vTfie Bench I was not satisfied ; that there had been a sufficient amount of provocation given. : During the excitement of, election , times, i the Bench was inclined to make some allowance, and were not disposed to inflict the full penalty .of.t he law. The daferidaut had fiertjtinly no "' right to take the law into his own hand>. ..There was more in the case than appeared in the evidence, and the Bench was not iaftsfied about the calling of Browne over to- Uh? wharf, and, the assault being- then coiff — " mitted. The defendant's coat had been damaged, but that was through his own action; Fined Ll and costs: A >