Magistrate’s Court

Huntly Press and District Gazette, Volume 3, Issue 6, 9 April 1914, Page 3

Magistrate’s Court

MONDAY. Messrs J. P. Bailey and Jas. Fletcher, J’s P., presiding. John Harding, a trucker working in the Extended Mine, was charged with assaulting Timothy Callaghan, the onsetter, by striking him on the head with a tin fllask so as to cause actual bodily harm, the blow ba*ng struck at the pit bottom. The evidence went to show that about 4 p.m on the 3rd inst.. the truckers in Ihe Extended Mine, in their hurry to reach the surface, so crowded the onsetter, that in trying to preserve order and avoid accident, he use- his arm to push the truckers back, and in so doing struck the defe idant, who, on the spur of the moment and without premeditation, swung his tin flask by the strap, and struck Callaghan on the forehead with it. Wm. Wood, mine-manager, stated that the trouble was reported to him, and he told defendant that the matter was a serious one. Callaghan was doing his work, and should not have been crowded, especially when cages were ascending and descending the the shaft. The men should have remained in the place appointed for the purpose, about a chain distant from the pit bottom, and, when their turn came, they should have proceeded in order to the cage. John Harding, who was defended by Mr Robertson, admitted that he struck the blow under provocation, not so much because lie was hit by Callaghan, but on account of the objectionable language used by the onsetter. He was standing at the pit bottom when a full skip came along. He was pushed from his place by those who followed the skip. On lining up again, all were ordered to stand back by Callaghan who used an offensive term, and struck him on the eye, the blow being forcible enough to draw blood. He retaliated by striking Callaghan with his billy, an action for which be now expressed his sorrow and regret. After Robert Smith had given evidence to the same effect, theii worships, after due consultation decided that defendant who hai given his evidence in a manly and straightforward manner would be convicted but not fined the costs amounting to £1 16s tc be borne by defendant. A counter action for assault wal brought by John Harding agains Timothy Callaghan, the evi dence in the case being similar t< that given in the previons one Their Worships decided to dis miss the information on tin ground that the men had m right to be where they were, anc that Callaghan in the ende&vou to prevent accidents by orderinj the truckers back v' 00 doing his duty.