RESIDENT MAGISTRATE'S COURT.

Kumara Times, Issue 546, 27 June 1878, Page 3

RESIDENT MAGISTRATE'S COURT.

Thursday," June 27. i [Before M. Price, Esq., R.M.] ASSAULT. Thomas Lambert, alias " Tommy the Boatman," was charged with committing an assault on one John Guminings by kicking and beating him, on the i 25th instant. I Insj)ector O'Donnell conducted the prosecution and called. John Cummings, who deposed : I am a hawker. I rememl>er Tuesday afternoon last; I was in my own house about 5 o'clock, no oue was with me ; I was lying on my bed. The door of the house was closed I heard a knock at my front door, and the prisoner asked for admittance. I said I cannot let you in. I knew by the voice it was the prisoner. After knocking, he forced the door in; I then saw it was the prisoner. He came in and said, " I want to lay down." I told him he could not. He then struck me on the temple, without any further words ; he pulled me out of the bed, and I fell on the floor. I was partly insensible from the blow he had previovsly given me. He then kicked me; I am quite sure be kicked me. The marks on my face | are the effect of the violence used by the prisoner. I sang out ■" Murder." One of my eyes has been always blind, and after the blows I received I could not see At all. I had not been drinking with the prisoner, or in his company that day. I had a drink or two. I did not provoke the prisoner. I was Unable to see anything until 4 o'clock yesterday, and then had to be led out. By the Bench: I live down Main street. The prisoner was under the influence of drink. I know the prisoner ; we were not together that day. Robert Stewart deposed: I live in Main street, next to the prosecutor. I heard " murder" called out on Tuesday afternoon last. I ran to prosecutpr's front door, but could not get in. I then went to the back, and found the prosecutor lying on the floor with his bead in a basket, roaring "-murder." His face was bleeding, his eyes were blackened; the prisoner was there also ; he said nothing. I had seen the prosecutor previously on that day ; he was quite sober, and had no marks on his face then. The prosecutor was unable to see nritiV last night. By prisoner: I could not say who sent you to prosecutor's house. I never spoke to you; you were in my bouse about half-an-hour before " murder" was called. I know you by sight; I did not see you strike the prosecutor j he had his head in a basket, I tried to part you, but prosecutor would not let I go of your legs. Inspector O'Donnell deposed : At half-past four o'clock on Tuesday afternoon last I was returning from the Zigzag and saw a number of people standing in the road opposite prosecutor's house. I went in and saw the prosecutor down on his knees, the prisoner standing over him. The prosecutor was bleeding frotn the nose and there were marks of blood on the floor. I asked, What is this? The prisoner said he the prosecutor did it himself j he had knocked himself about. The prosecutor then told me that the prisoner had broken into the house, and also assaulted him. I then arrested the prisoner. The prosecutor had been drinking, and appeared excited.

By prisoner : I did not see you strike the prosecutor. I saw no assault committed. By the ; Bench : The prosecutor is a hawker; the prisoner is known as " Tommy the Boatman," he has previously been before this Court on a similar charge, in May, 1877. On tin- prisoner being called on for his defence, he said : I had just taken a job from Mr Blake, and went down to {Stewart's place, where Mrs Stewart asked rr.e to go in to, prosecutor's place and ask for something ; I forget what. I was nearly drunk ; he refused to give it mo and we had a row. At this stage the case was adjourned, to allow the prisoner to subpoena Mrs Stewart on his behalf. (>n the the rase being resumed, Mro Stewart, examined by the Bench deposed : I remember the 25th of this month. Ido not think the prisoner was either sober or drunk on that day. I did not tell the prisoner to go to the prosecutor's house. By the prisioner : J did not send you to prosecutor's ; you went up th« town. I >aw you put your shoulder to the door and bovst it in, and heard the cry of " murder" shortly after. Inspector O'Dounell proved a previous convicti n against the prisoner on the 25th of May, 1877, for a similar offence, in which he was sentenced to one month's imprisonment. His Worship, after reviewing the evidence, said that the plea of drunkenness put forward by the prisoner could not possibly palliate fhe offence, and as he (the prisoner had been previously convicted of assault, he would be sen-

t"ii«;efl bo one month's hard labor in the Knmar.i Gaol. CIVIL CASES. Cuming and (Jo. v. P. Rgan.—Judgment .summons for £2 17 6d. After hearing the evidmco of the plaintiff, the Court made an order for tho whole amount, to be paid on Monday week, or in default 14 days' imprisonment. Cope v. M'K.mna.-1.0.U. for £6 10s. Judgment, for plaintiff, with costs. Trustees Coming's Kstate v. Donelly. Claim £1 15s. Ju<li»meut- confessed. Michael Mulligan v. M'Keegan.— Claim £7 3s l)d. Judgment for plaintiff, with costs.