PRISDENT MAGISTRATE'S COURT.

Inangahua Times, Volume IV, Issue 4, 3 December 1877, Page 2

PRISDENT MAGISTRATE'S COURT.

S^TUnDA?, DEpUSII^EB 1^ (Before E. Shaw, Esq., H.lVf.) VIOLENT A^AULT, J,^eß Connor, who had bee,n, arrested neap the Lyell, wi\s charged w|th violently assaulting and beating onoJ,olm Power, miner, at Boatn^an'sj qn November, ]^r Pitt appeared for the de.fen,oe. %rgean,t Neville in, opening the caso sa\i the information bad, been swqpn under the 3lst section of the. V Offeno.es against the, Person Act." He (ben cajled tlie ful low.ing evidence. Dr, Martin gare. ev^enoo to, the effect that on the 22nd Nover^bor plaintiff called on l\^m in the ufternoo.n. He wasst^ffering from, oontusions all over tho face. The left eye was bruised and, completely closed, there. wa9 a small cut near the. nose from which blood was oozing freely. There was a compound fracture of the, nusul bone.. The injuries rn^y have been prodno.e,4 by blows from, a man's fyt. By tbe Bench— The, injuries were not seriou,s. Thomas Smith, miner, residing at Boat* man's stated^ tb,at he with othe.r» were dressing timber. i,n the bush and heard a noise and scrambling, and going over saw two men down or \a a, stoqpiny; position, and saw, Powers 0$ the ground and Counors was standing up. They seemed to be wanting to Qsjht, and I tried to prevent them until the. other men came up. They then had another round or set to. They both put u,p their I saw Connors strike Powers. Powers was very excited at the time, and said he, wanted to liave satisfaction. Power's left eyo w-a,s closed when I first saw him,. There were no, marks on Connor's fnc.e.. John Power, ro.iner, Bo,a,tmnn's, stated that on the n^qr»vng of th.c, 2?ud Novenj' ber was walking in the "VYelcome claim with Connor-S!. Hid worked together for a few wepks. \Ye h,a,d a few angry words, and cb^llenged. hjjm out to fight. Be declined^ to, go, so I then told him I would leave th,e claim sothfre should be no more rows,. I then went out to, blacksmiths shop intending to go h,pme. Oonnors fnllpwed me, and when ]j lieard footHteps behind me I tu,r^ied to, see who it was when, I was struc^ a,nd knocked down, and he 'struck m,e while I wan down. 1 believe he kicked me while I was down, bu,t J cannot swear it. I was very stupid after T got up. He first sruck me on the side or the face, and before I oould recover myself be shoved me down. He vfß,» beating me for about thrjee minutes I before Sniilb cajpe up.

Cross •e?amin^4~-Defen,dant was bam- ! mering me for three minute?. £ did stride ] Connors. I did uot strJU/s him after ] because I did not get th.c .chance. I might i losje (temper occasionally. He took me i unawares, and be»t me when I was down, : D^d not hear defendant call me before ho ; strucfc me. Eemember ?ft#th coming be? tweep US. John Smith, blapkgmitli, Boatman's stated ]tbjit he saw both the parties on tlfe morning in question, Powers aud Connors pame into the smithy together, and Power shqrtly after Jefjk. Connor told me they ha 4 a row, and were going to par£, He saj4 he was going to have satisfaction out of He then left tbe forge saying lie would hare satisfaction before long. JJefore he left Powers did not spealf about Connors. Connors is not a a quarrelsome man. Heard they hnd not been gettjng on well together. When Powers left he said lip might not return for a waejc pf a fortnight. John Itendall — I am a constable stationed at Westport. In acoprdance with inductions I arrested Connqrs near the Lyell pn a charge of violent assault. I told bitn, the nature of charge, and he J;old me he h,ad a row with Powers. Mr Pitt addressed the Court pointing out that there was no evidence to support tbe grave charge preferred against his client. That a mild form of assault had , been committed would not be denied, but > nothing of the seripus character alleged by plaintiff. It was impossible to make miners courtiers, wh,en they had a rai3» understan.djng they gpnerally settled it in their own, rough aud ready way, and as d,efen,dant appeared to have done in the ppegent; cane, He did not propose to offer | i^ny further defence, The Benoli was disposed to look at the c^se ia a more serious aspect, apd if defendant wished to avoid a committal some evidence would have to be tendered tjs to pharaeter. Defendant in reply to the usual question Stated that he had a few words with Powers. Powers put his fists up, and phalleugod witness to fijjbt ; witness took no notice of this, but walked away and the people called him a coward, an i it was pnly then that he offered to fi^bt, He declared that ho never struck plaintiff when he was down. James Dee was called as to the goneral oharactor and disposition of accused and said that he had known Connors for two or threo years. Ho worked in the Hope« ful mine while witness was mining manager and was not offensive, but sometimes eccentric. I Ths Bench wished to know what form | aoca<ed eooantricity took. Witn,es.s said he wouM rather notanswer j the question, arid was accordingly uot { pressed. The Magistrate said this was one of thos,p oases where the evidence in support ot the charge rested chiefly upon tbe pja.intiflf. '^liere could be no doubt however, ths\\ ft most brutal assault bad been committed as seen by the injuries sus* tamed by plaintiff and the absence of any injury u,pon defendant's face. Thui plaintiff had in some way provoked the assaujc, would howeveir, be considered, and qs c(e.feucluiit bad already been some j time in ga.oli he would be fined in the sum qf £Q in default one months imprisonment In yVestport gaol. He was further ordered tq enter into recognizances for bis good behaviour, kimself in £100, and two sur«t\es of £50 each. TJie Court then adjourned,