RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume IV, Issue 199, 4 November 1864, Page 1 (Supplement)

RESIDENT MAGISTRATE’S COURT.

(Before John Curling Esq., R.M.) Feiday, Novembee 4. ASSAULT. Henry Chapman , a private in the 14th Regt. was charged with having, on Saturday, the 29th October, at Napier, unlawfully and maliciously struck and wounded William Miller, with a stick or other weapon, with intent to maim, disfigure, disable, or to do some grievous bodily harm to the said William Miller. William Miller, an oath stated—l reside in the town of Napier. On Saturday night, the 29th October last, about eight o’clock, Mrs. Miller had some business at Miss M’Guire’s the dressmaker; I walked there along with her, and waited outside the house for her, whilst I was standing there, the prisoner came up to me wanting to sell mo a pair of shoes; I told him I did not want to buy his shoes, and after he repeatedly asked me to purchase the shoes and my repeatedly declining to do so, he asked me to give him a piece of money ; I declined to do so, telling him it was not likely I should give him any money; after demanding money of me several times, and threatening if i did not comply lie would do me some harm, I told him I was not alarmed at any harm he could do me, aud that he had better go away; then ho commenced, and said that I and all the other d d civilians would sec him going about the town without a sixpence in his pocket to get a nobbier with, aud said that he had been all over the Waikato country; I told him to go away several times, but he stopped there demanding a sixpence ; I then heard the picket coming on their round, and called the serjeant to take him in charge, when he drew back a stick in his hand, or something else, for it was so dark I could not see ; I was not aware he had a weapon all this time ;he struck me twice on the arm, by which ho injured me; my arm was not disabled, but i could not sleep for two nights, he hit me also a blow on the left cheek, by which I received two wounds—the skin was cut open; the picket then took him in charge. Henry Carr, on oath, stated, —I am a sergeant in the 14th Regiment, stationed at Napier; I was in charge of the picket on the night in question. Between the hours of 8 and 9 o’clock I was patrolling one of the streets of the town, when I heard a person call out “ Who is the Sergeant in charge of the picket?” I immediately halted the picket, and went to the oif side of the road, where I saw two persons standing, who turned out to be Mr. Miller, the last witness, and the prisoner before the Court. Mr. Miller then related to me that the prisoner had stopped him on the road and thought to extort money from him, threatening him with violence if he refused ; he said he had even asked him for as low as sixpence. Believing the statement of the last witness, I ordered the prisoner to fall in with the picket; on seeing that ho was going to be confined, he made a rush towards Mr. Miller, and struck him two or three blows with a stick about the face and shoulders before I could secure him ; I then ran between them, and two of the picket ran also and marched him to the rear; I then went to see if Mr. Miller was hurt, and saw him bleeding on the left side of the face ; I then ordered the prisoner to bo taken to the regimental guardroom ; I am quite certain it was with a stick that ho struck Mr. Miller ; I saw the stick ; I did not take it away from him, and I do not know what has become of it; it was an ordinary walking stick. Cross-examined by prisoner; The reason I did not take the stick from you was that I ran to see whether Mr. Miller was hurt, and when I returned to you I did not see the stick. The prisoner was drunk at the time.

The prisoner in his defence, said—l do not wish to say anything, only that I am a man given to the loss of intellect, and that I have been several times in the hospital for derangement; when I

take a drop of drink I get quite deranged, and do not know what I do ; I am a man who have never had a missword with any civilian since I have been a soldier, and I am very sorry for what has occurred ; 1 will try all I can that the like shall not happen again. The prisoner was then committed to taka his trial at the next criminal session of the Supreme Court.