RESIDENT MAGISTRATE'S COURT, AHAURA.

Grey River Argus, Volume X, Issue 836, 1 April 1871, Page 2

RESIDENT MAGISTRATE'S COURT, AHAURA.

Thursday, March 30. (Before Caleb Whitefoord, Esq., R.M.) Four individuals who were out on bail were called on their recognizances, but they did not put in an appearance. The amount of the bail money — 20s in each case — was forfeited. They were generally charged with being drunk and disorderly, and in one instance incapable, about the time of St. Patrick's Day. . Charles Wilson was charged with, using abusive and insulting language towards Ludwig Carlsen, at Half-Ounce. The parties were mates, and in the course of a quarrel, Wilson accused Carlsen of " killing his mate at Half-Ounce." These were the insulting words complained of. The Magistrate said the charge was one of a trumpery nature, and should never have been brought into Court. The parties had evidently mistaken each other's language when they attempted to abuse each other in broken English. If they confined themselves for the future to Swedish, they would understand each other better. The defendant would be fined ss, with costs of Conrt. ASSAD LT. Jeremiah Creed was charged with unlawfully and maliciously assaulting Bernard Candau at Napoleon, on 28th March. Mr Staite appeared for the prosecution, Mr A. R. Guinness defended the accused. The prosecutor said he was a miner at Napoleon, and on the night of 27th March was playing billiards at the Imperial Hotel, along with a man named Alexander Cleve. He had a dispute with Cleve, when Creed interfered and took Cleve away. Creed said he would not allow Cleve " t<> be worked on" in the

state of intoxication he was in. -About three quarters of an -hour afterwards he (the prosecutor), Louis Montagnet, Louis Le Crt.ir, James Sutherland, and others were standing talking in front of Christy Main's hotel, when he was suddenly struck from behind on the head. He fell, but remembered nothing else : was told he lay senseless for 15 minutes. Could not say who struck the blow, but was under the impression from the sensation he felt just before he became unconscious that he had been struck with a bottle containing liquid, because he thought he felt it running over him. Cross-examined by Mr Guinness : Was playing billiards with Cleve, who was sober enough to win money from him (witness). The witness was pressed by Mr Guinness on this point, as to whether Cleve was drunk or not. He said he did . not know what the learned gentleman's definition of drunkenness might be, but Cleve was not drunk according to his ("witness') idea of it. When the dispute took place Creed interfered and remonstrated with him for. playing with a drunken man. Creed took Cleve away by force. Told Creed afterwards that he was harboring a thief. It was near Christy's Hotel. Did not threaten to cut prisoner's throat, or to gouge his eyes out. Had been dr'nuiug, but was not drunk. This witness's examination and crossexamination lasted nearly three hours. Maggie Dewson said that between two and three o'clock on the morning of the 28th she heard quarrelling going on in the street ; she went outside the house to bring in an acquaintance of her's who was in the quarrel. The prosecutor was standing close by the door, and he jocularly asked her "if she'd take him also." After the talking and disputing had continned for some time, Creed came behind Candau and struck him a blow on the head with a bottle. The witness here discribed the sound made by the blow, and said that when prisoner struck prosecutor he (prisoner) make a noise with his mouth such as a man would make after striking a heavy blow with an axe. Examination continued — Caudau dropped at her feet and remained insensible for some time. Had him removed into her place. Creed was near the prosecutor with his hands behind his back for some minutes before he struck, him, but afterwards he ran up the street. Was certain Creed inflicted the blow, and thought the bottle was empty by the sound it made. Prisoner must have had the bottle in his hands when he was standing near "Bernard before he struck him, because If he stooped to pick it up, she would have noticed him doing so. Cross-examined by Mr Guinness.: The morning was cloudy and cold, but it was not raining, although it had been raining. Knew prisoner well. He was dressed as he was at present. Was on speaking terms with prisoner. Her back was not towards prisoner when he struck the blow. He (prisoner) took one step forward and deliberately struck Candau. She (witness) did not faint when she saw the blow given. It would take a good deal to make her faint. Candau did not cry out after he fell. Re-examined by Mr Staite : There was light enough to enable her to see everything that took place. Lock and Marr's lamp was alight and burning- brightly, and her own front door was open. , The light from inside shone through it. Louis Montagnet described the quarrel in the billiard room and afterwards in the street. He accompanied the prosecutor to Creed's house, and demanded an ex- | planation of an assertion Creed had made that they, meaning Candau' and the others,, "had been robbing and plunder^ ing a drunken man." Creed refused to admit them into his house, and said Cleve was not theie. When he (witness) came back a crowd was in the street, and Creed was running away. Saw Caudau sink down, but did not see the blow struck. In cross-examination the witness stated that when Creed came into the billiardroom first he endeavored to separate Candau and Cleve. He (Creed) wanted to lay hands on the money they were disputing about and restore it to Cleve, but he (witness) took it and gave it to the owner of the room. Saw Candau. and Creed tusselling together close to where the blow was struck. By the Bench : The prisoner was drunk; nobody struck him They were holding him down so that he could not do any mischief when other people interfered. Other witnesses were examined, but the evidence had not material bearing ou the actual fact as to who struck the blow. Dr Lee described the nature of the. injuries received by Candau, and stated that he extracted pieces of glass from some of the wounds on his head. This closed the case for the prosecution. Mr Guinness made a long and able address on behalf of the defendant, and called John Craig, who said that Creed told him long" before the row took place that prosecutor and others were winning Cleve's money from him unfairly. (The remainder of the report of this case was, as we are advised, forwarded by our reporter, but by some mischance has not reached us. We have learnt, however, that the prisoner was fully committed for trial at the next sittings of the District Court.)