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Hawke's Bay Times, Volume 16, Issue 889, 10 December 1870, Page 2

Resident Magistrate's Court.— - Wilson v. Macmahon. This case was heard yesterday., . Complainant charged defendant with on the 25th November, used abusive v language to him, also assaulting hira,' and presenting a revolver at his head. ' Complainant, . being sworn, d.epo*sed that he Was employed "with others on Mr Couper's station at Kohinerakau, that on the evening of the 25th November he was sitting with some other station hands in the kitchen, playing draughts, when the defendant came in and cauglrfc him.by the ai*m, saying he-wanted him. Complainant asked what for, and refused to go, \vhen defendant presented. aTevolver at his head and compelled him to go with him-to the river. "The other '' men followed. "While there, defendant ordered hira to cross the river in an unsafe punt, and afterwards to ford it, which he refused to do. Defendant then, holding the revolver to'his bead, compelled him to bale put the punt Some of the others then began to talk to defendant, and complainant took the opportunity to return to the house. Defendant, who was quite sober, afterwards came to the kitchen and struck him, He had previovsly shown ill-feeling.—-A long by Mr Lee, who appeared for defendant, failed to elicit anything of importance. —Several witnesses were then called on both sides, and their various accounts of the affair agreeing substantially with each/ 1 other, differed materially with that given by complainant. Defendant, who was in charge of. the wool shed during the shearing, had been out that day with Mr Inspector Scully, looking for the prisoners, and arrived at the ri v er bank opposite Mr Couper's kitchen, about 8 p.m. There they called to the men 'for about a quarter of an hour to bring the boat.over, but though the men heard them no one came, Macmahon then forded the river, and going into tile kitchen, called the men " crawlers," and told them to assist him to take the boat over to Mr Scully. The revolver was a borrowed one,-with which he had provided himself in case he met with the prisoners, and as he stood in the kitchen he swung it carelessly in his hand, but the witnesses on both sides agreed that he did not point it at any one. Wilson and he were not on very good terms, as he was in the habit of taunting him with laziness ; and on returning from the boat he stiuck Wilson a slight blow on the shoulder, and challenged him to. light. He had been drinking, but was not drunk. On the following day he expressed his re gret at having struck the complainent, and offered £2 to make the matter up, but though Mr Couper and Mr Scull} had both endeavored to persuade Wilson to arrange the matter, he was determined to take the case to Court. —Mr Lee argued that though an as saiilt in law had been committed, ample amends had been offered, and the case should be dismissed. He complained of the vindictive action of Wilson, by which not only defendant had suffered, but Mr Couper, who had been put to great inconvenience by so many of his hands being brought into town at a busy season.-—The worthy magistrate said that if the case had been proved as at first stated, he should have sentenced Macmahon to two months' imprisonment with hard labor. An assault had, however, been committed, and defendant had acted in a rough and careless manner with the revolver. He would inflict a fine of 5s and and costs. [The costs in this case, owing to, mileage, witnesses' fees, &c, amounted to £,3 Is.] —This morning William Quigley was fined 5s for drunkenness.— W. Beckham and A. Grant, charged with harboring Williams, were again brought up, and Williams was put into the witness-box to give evidence in the matter. The magistrate explained to him his privilege of refusing if re chose, to make any statement which might criminate himself. Williams explained that he would not have given evidence had he not been given to understood that the prisoners had charged him with stealing some of tin ir property. They had first befriended and then betrayed him, and it was from a motive of revenge that he would now inform upon them. After further consideration, however, he declined to give evidence, as he found it impossible to do so without criminating himself.