RESIDENT MAGISTRATE'S COURTS, AHAURA.

Grey River Argus, Volume X, Issue 814, 7 March 1871, Page 2

RESIDENT MAGISTRATE'S COURTS, AHAURA.

Thursday, March 2. (Before C. Whitefoord, Esq., E.M.) ASSAULT. Daniel O'Driscoll Egan was charged with assaulting Thomas Montague at the Ahaura on 17th February last. The prosecutor stated that he was a baker at the Ahaura in the employment of D. M'Kenna. On 17th February the defendant came to the bakehouse behind M'Kenna's hotel, and enquired for his swag, and asked if he could have a shakedown for the night ; he was told he could not, and was told to go some place else. High words ensued, and eventually defendant struck him on the head with a handsaw. He fell from the effect of the blow, and has been suffering ever since. He was also struck in the face. The prosecutor bore evident traces of rough usage. Thomas Driver corroborated the prosecutor's evidence. Dr Lee explained the nature of the injuries inflicted on Montague, and said that an instrument such as the handsaw produced would cause such injuries. The prosecutor and the other witnesses were examined at great length by the defendant with a view of showing that he was attacked first by the complainant, and that if he used the handsaw at all it was in self-defence. The defendant when called upon for his defence, made a long rambliag statement, which occupied one

hour and ten minutes in its delivery. He said that when he went to the bake-house to look for his swag, the prosecutor threw a handful of flour over him, and ordered him off his premises. He (defendant) went away to find the landlord of the house, and the prosecutor followed him, and tried to assault him, when he (prosecutor) ran against the hand-saw which he (defendant) had in his hand. The prosecutor fell from the effect of the collision, and in falling struck his head against the tap of the water-tank, which accounted for the wound in his head. He asked was it likely he would strike the prosecutor with snch an unwieldy weapon as the hand-saw whon he had a " handy" and trustworthy stick in his hand 1 and, besides, if he struck the prosecutor in the manner described, instead of scratching his face, he would be more likely to cleave him into tarn eqnal p-irts. During the defendant's a lur^ss lie flourished the hand-saw most vigorously in order to demonstrate to the Ojurt what he " didn't do" to the prosecutor. He asked Dr. Lee to give a professional opinion as to the probable result, supposing hd struck the prosecutor "that way," at the same time brandishing the hand-saw in dangerous proximity to the doctor's left ear. He asked the prosecutor to " staud still" while hfi showed the Court how the wound in his face was inflicted, and he wound up by nearly guillotining his Worship, when he was disarmed by the orderly of the Court. When asked if he bad any witnesses to call he sent for a German, a cook at tho hotel, who, he said, could give material evidence in his favor. The scene between this witness and the prosecutor is indescribable, and it took all the efforts of the officers of the Court to preserve order. The defendant again addressed the Bench, and concluded by requesting his Worship as a personal favor to deal with the charge summarily, or if not to send the case for trial to the District Court, aa it would be " most inconvenient" to him (the defendant) to go to Hokitika to the Supreme Court. Previous convictions against the defendant were put in by the police, and the Magistrate, after giving him a severe caution, sentenced him to two weeks' imprisonment with hard labor. CIVIL OASES. Smith v. Hardwick — A claim of LI 8 ss. This was a case of disputed accounts between the parties, and his Worship reserved his decision until next sitting of the Court. M'Hardy v. Loubere. — A claim of L 4 7s Cd, balance due on a sheep-dealing transaction. Judgment for plaintiff with costs. H. Kingham v. Bannon and Campbell. An action to recover LlB, the price" of a horse sold to defendants. There was a set-off for L 24 ss, wh'ch arose from a transaction in sheep and for board and lodging, &c. This case has been before in a different form, and after taking a great deal of evidence a verdict was given in favor of Bannon and Campbell for L 5 14s 6d with costs. Mr Guinness for plaintiff, Mr Staite for defendants. J. D. Pinkerton v. E. A. Drury.— A claim of L 9 4s 6d for board and lodging, billiards, and refreshments. This account extended over a considerable period, and the plaintiff was examined minutely by the defendant with reference to the dates and items. The defendant eventually moved for a non-suit, on the grounds that he had not been furnished with a detailed bill of particulars, and, after considerable argument, his Worship allowed the nonsuit, with costs, and made some severe remarks on the manner in which the defendant " misconducted" himself towards the Court during the hearing of the case. Mr Guinness for plaintiff; defendant in person. Thomas Terry v. Kate Greaves.— A claim of L 2 5a for horse hire. No appearance of defendant. Verdict for amount, with costs. Same v. Henrietta Barnes. — Claim for LI 5s for horse hiru. Judgment for amount, with costs. No appearance of defendant. Donoghue v. Spoor.— A judgment summons for Ll3. Defendant was ordered to pay 20s per week, wich costs. The Court adjourned to 16th March.