DISTRICT COURT,

Grey River Argus, Volume X, Issue 846, 13 April 1871, Page 2

DISTRICT COURT,

Wednesday, April J2. (Before His Honor Judge Ward.) UNLAWFULLY WOUNDING. : . Jeremiah Creed was charged with unlawfully assaulting one Bernard Candau \ at Napoleon, on the morning of the 28th; 'ult.,and doing him grievous bodily harm. Mr Harvey prosecuted for the Crown, ■ and Mr Guinness defended the prisoner The prisoner pleaded not guilty, and a jury was empannelled, of which Mr Jas. Wylde acted as foreman. The evidence has already been published in these columns, when the case was . heard before- the Resi- : dent Magistrate at the Ahaura, and, as . that given yesterday was substantially : the same, all we are called upon to do is to give the principal points. Bernard CandaUj, who was the principal witness said llama miner at Napoleon Hill. On the evening of the 27th March I saw the prisoner opposite Christy's public-house, and also in the Imperial Hotel, kept by Miss Coffey. I was playing billiards and prisoner interfered with the game, at about half-past eleven' o'clock. The prisoner said it was a shame for me to play with a drunk man. I was playing with Alexander Cleve for money. The game was then knocked off. Cleve then challenged me to play cards. We played poker. The game lasted about 10 minutes, and I lost L 3 15s. Having no more money I stopped, and while leaving ' I heard something which made me believe ! I had been cheated. 1 jumped across the < table and caught hold of Cleve. I asked I for my money, and he said he would! give it back. While I had hold : of Cleve prisoner came up, and then Cleve got ■ away. Prisoner said it was a shame. for me to murder the man. I rushed after Cleve. About five or ten minutes after that I went to the prisoner's house and asked after Cleve. Prisoner said he was not there, 1 said I was told he was there. He then said, " What of it if he. is 1" I said; "If he was^ harboring CWe, the man who robbed me of my money, he would be harboring a Lliief , " and Ho -would 100 no better than a thief himself."- I then went away and stopped in the street opposite Christy's. Prisoner came alter me and challenged me to fight him in a fortnight. I did not accept the challenge. We had angry words and fought. We came to the ground, and.Louis Montagnet and Louis L'Croix separated us. The prisoner went away, and I remained there for about, haif an hour, talking, to. several persons, until I got a blow on the back of the head from a ■ bottle. The bottle was full. I fell down insensible, and. remained so for a few minutes. I was wounded on the head, and was attended by Dr Lee. The prisoner was sober. I was not, but knew what I was doing. Cross-examined : I have known Cleve for some time. I was not in the habit ■of playing cards wttii Mm for money. He is hot a powerf dl man. He was drank when we were playing billiards j we were playing for money. It was. then prisoner came in and said it was a shame to play with a drunk man for money. It was not the proprietress of the hotel who stopped the game. Craig was present during the row about the cards, and he held me back from rushing at Cleve. ; It was about. one o'clock in the morning when I .went to prisoner's house. I did not try to pull him out. Prisoner was the first who offered to fight. I did not accept; his challenge, but I said if he wanted to fight I would meet him with pistols. We then got angry and fought, >nd both rolled over. I do not remember prisoner crying out for, some . one to save him as they were : murderhig him. I cannot remember -Sutherland trying to ■take him. away frp.m me. I did not try to gouge his eyes out; ' I could not inform the Court within five 1 minutes of the time how long prisoner was; away before I was struck with the bottle. \ ,; By the Fotemari : I-lielieve it was a full bottle I was struck with, because my shirt was all wet with some, liquor. , Margaret Dewson proved that she was speaking to ! Candau after the street row, when prisoner game up> with, his hands behind his back; and, struck Candau over, the head with a bottle when his back was turned. She was positive 1 it was prisoner. Louis Montagnet and Louis LeCroix both proved the preliminary facts, as stated by the prosecutor, and alab that they heard the blow struck, turnaround, anw Candau fall io the ground, and prisoner ran away. Dr Lee: I saw Candau. at 9 a.m, on the 28th March. I found five or six wounds on the right side of his head, and took some pieces of glass out of two. of the wounds; The -wounds penetrated through the scalp to the bone* Any scalp wound is dangerous* I believe these: wounds were caused by a blow from a bottle. Candau had lost a good deal of blood coining down from the Napoleon to the Ahaura. ■ Cross-examined: .1 have known the prisoner for a. long time, .and, never heard anything wrong about him. The man was out of danger in a few days, and is now quite recovered. * Mary Ann Coffey was put in thebpx^ and submitted for cross-examination, but nothing new was elicited. ■■..-. This closed the case foe the. Crqwn. .. For the defence, John Craig, was, called, he said— On the night of the 27th l March I was in Coffee's Hotel, and saw Candau and Cleve playing billiards. Cleve was very drunk, Creed came in and said he

considered the man top;4runk.to play for money. I saw that, inJ consequence of Creed's remonstrances,' that game; : waß being thrown up, and I left;-;, -I heard a rpw afterwards, and heard jßleye's voice calling for assistance, and also Candau's voice. Cleve said he would give up all the money he had if they would not illuse him. I went to the place and saw Candau. and Cleve struggling .in. the bar. Prisoner was standing a few yards behind, and said that if they ill-used the man he would report them to the police. I re-ported-them; - Louis Montagnet struck, the prisoner in the side with his elbow. Ii heard a row again outside, and went out, j and helped prisoner to- get up off- the! street. They all then separated, andsL went home. ' : Idid not see Cleve after the { first row. Thst night prisoner asked mci to go hi and assist Cleve when we firsts heard his cries. I said I would not go in, as it was no business of mine, j but 1. -would not see the man ill-used.' Prisoner said he would go in himself, but; he had a bad hand, and they might pitch'; into him. His hand was bandaged upi that night. I afterwards 1 heard prisoner.; say to those inside, " If my right hand, was hot bad you would not abuse the! man." . ; j Another witness, William Watson, was; called on his subpoena, but did not appear. . - j -Mr Guinness addressed the^jury, com-; menting strongly upon the fact that the 1 witnesses Cleve and Sutherland had not! been'caUed by the Crowh; The Judge said that Mr Guinness had. no right to comment upon the absence of witnesses, and attribute that to the fault ' of the Crqwn, when these witnesses were i called in the Magistrate's Court on behalf ' of the prisoner. : .. . > Mr Harvey commented' upon the evidence at considerable length, and the: Judge summed' up, after which the jury : retired, and in a few minutes brought in ! a verdict of guilty, but with the rider . that as they believed the blow was struck '■ in the -heat of passion within a few : minutes of the , fight, they recommended the prisoner : to the mercy of the Court. I The Judge said the prisoner had been found guilty of a very cowardly assault, ; and but for the recommendation of the jury and the good character given him by the doctor, he would have passed a very serious sentence upon him. The sentence would be four months' imprisonment ' with hard labor. '„ . " _! In Bankruptcy. ] "Re Joseph Gkaham. — Bankrupt ap- 1 peared and surrendered. Case adjourned to Monday next. ,v ' r Re W, Lonabgan. — An application fov ; complete execution of a deed of assignment. There- was no opposition^ and the application was granted.Re Dennis NqoNAN^Applieation for a final order of discharge, which was granted, - - , „■■ ■ , ■.-.-, Re G. Cook and Edwakd Owens.— ln this estate the report of the trustee was handed in, as well as the trustee's resignation. ; A meeting was ordered' for Saturday to elect another trustee, and tbe examination was adjourned to Monday next. Re David Purcell. — Application for a final order of discharge. No opposition ; granted. • j, .Re Jrvmsr TTt.-rtotteji. — Tibia application for a final order of discharge was opposed by two creditors,: John O'Dowd and Hugh Barnhill. It appeared that the bankrupt was in consant employment on the tram-, way at L 3 12s pep week, and that during the past year he had been paying off a debt td Mr Kilgour amounting to over Ll3O. The Judge made an order that the discharge be suspended for one year, and protection granted, on condition that the insolvent pay \LI per week into Court, to, be distributed as a dividend among the other creditors. The opposed cases were adjourned until Monday morning, at 10 o'clock.