RESIDENT MAGISTRATE'S COURT, CHRISTCHURCH.

Lyttelton Times, Volume II, Issue 72, 22 May 1852, Page 3

RESIDENT MAGISTRATE'S COURT, CHRISTCHURCH.

\oth May, 1552. (Captain Simeon, Mr. Godley', Me. E. J. Wakefiejod, and Mr. Sxoddaht ou the Bench.) Dalton v. Dufftjf. —This was a case of assault which took place at Mr. Deans's Sheep-station ; Dalton's face exhibited marks of desperate punishment. George Dalton sworn, —I am em-

ployed at Mr. Deans's station. On Tuesday evening I, with three or four others, was in the kitchen, we were all good company having a game of cards over a glass of grog. Duffty came in about 11 o'clock-, he was drunk, and became quarrelsome. My wife told the girl to go to bed, as it was not fit for her to sit there in the company of drunken men. Duffty turned to my wife and swore he would wring her nose off and mine too, and would take it out of me even whilst he was a cripple ; be struck at me a severe blow which felled me, and he then set to kicking me, until I called out for assistance. Capt. Simeon.—Did you use any aggravating language towards Duffty ? Dalton.—None whatever, the only thing at which he could be at all offended, was my wife ordering the girl off to bed, because it was not proper for her to sit ia the company of drunken, men. Mr. Godley.—Do you swear that there was no provocation on your part? Dalton. —I do. Duffty.—Did you not call me " a convict and a transport ? Dalton.—l did not. William Peebble sworn. —I was in the kitchen of Mr. Deans's house on Tuesday evening. Dalton, myself, and two or threemore, playing cards. Sam Duffty came in rather drunk. Dalton's wife ordered the girl off to bed as it -wasn't fit for her to sit in thecompany of drunken men ; Sam said he wasn't drunk, and took the matter up quick; saw blows struck ; Sam struck the blows. Another witness named Andrew, stated that he was too drunk at the time to recollect much about it, but believes there was provocation took place before the blows were struck. Mr. Charles Eoe sworn.—l was just going to bed, about half-past eleven, on Tuesday evening. I heard a great noise, and cries of murder ; heard Sam Duffty call " I'll teach you to be quiet." I put on my clothes and went out, saw Mr. Cass at the door, and we went out together; saw Sam striking at Dalton, and assisted to stop him ; Sam did not appear to be very drunk; did not know of any previous quarrel between the men. Sam said that Dalton wanted to be king over him and every one else. Mr. Cass sworn.—On Tuesday night I was disturbed by a shout of murder, I immediately dressed myself and went out. I saw Duffty fighting Dalton; there was a great deal of talking between them ; was not present when the quarrel began, but heard it said that the cause was Dalton's calliug Duffty a " transport." Duffty was extremely abusive and used frightful language. I was separating the parties, but Sam made another attack, striking right across me; it is not the first time that this man has been the cause of disturbance at Mr. Deans's ; he was dismissed about a month before Mr. Williams's death, but when that occurred it was passed over for the time. Samuel Duffty was called upon for his defence, and being sworn, stated—l acknowledge striking the man, but I mean to say that when a man is called "a convict and a transport," it is enousrh to aggravate him to do any thing ; he had been drawn to it as he could prove by a witness, and called William Mukden said—On Tuesday last, we were taking a glass together, me and four others ; Sam came in, he appeared to have had some drink ; Dalton said he was a "convict ;" can swear the wrestling took place after I heard the offensive words uttered. Murden acknowledged that he himself was far from being sober at the time. The Magistrate said that having attended to the whole of the evulenee, the affair appeared to him to be a very unprovoked assault, and he fined Samuel Duffty in the.sum of 605., and costs; 20s. of which should be paid over to Dalton. Mr. Godlet left the bench and appeared as prosecutor against Phillip Woodford and Thomas Hardy; neither of the defendents answered the call. Mr. Godley stated that Woodford occupied a house on the Reserves at Hagley Park, and Hardy one on the roadway between the Market Place and the Bricks. Tht>y had been told so often to remove off, and had as often broken their prumises to do so, that he, Mr. Godley, had been compelled to take other steps. Co'nnell, the constable, swore to having served a copy of the summons.- The Magis--trate sentenced each to, pay 10s. and costs,

To the Editor of the Lyttelton Times. Sir, —A. stranger, reading Mr. Brittan's letter in your last number, and the postscript to it; might naturally imagine that the attendance at the public meeting here on the 11th instant;, was such as that gentlemau believes the attendance at any evening meeting must necessarily be, viz: "a muster of public-house frequenters," " curiosity-seekers, and loungers ;" and that " the great body of the industrious and more respectable part of the community" had stayed at home. Had these remarks been published by a person of ordinary station, it might well have been left to your reporter to counteract, by his account, their tendency abroad: but as they come from the President of the late Land-Purchasers' Society, which originated the present movement, it appears necessary that they should be more particularly noticed. Moreover, like many others, I have no wish to be supposed to have taken part in such an evening " muster" as Mr. Brittan portrayed. I venture, therefore, as I did contribute to the "attendance," and share in the " proceedings," to send you as accurate a statement as possible of the real character aud appearance of the meeting. . I counted 100 persons inside the room: a large crowd was gathered outside the door : and most persons agree in reckoning the total number present at T2O. Among these were the following members of the Land Purchasers' Society: —The Hon. J. S. Wortiey, Messrs. Joseph Brittan, Watts Russell, Fitton, Woolcombe, Tancred. Dobson, Packer, Bishop, Dudley, Pollard, Perceval, Brown, Johnston, Stoddart, Fitzgerald, Dr. Barker, Capt. Westenra, and myself. Of the above, four were in the Council of the Society ; one of these four, Mr. Tancred, was in the Chair. Eight of the above gentlemen are in the Commission of the Peace. There were many other land-purchasers present, who, I believe, had not joined the Land Purchasers' Society. I also noticed the Rev. H. Jacobs, Dr. Gundry, Messrs. Creyke, Worsley, Prichard, Cridland, Marshman, Fooks, &c, &c. I cannot enumerate the respectable tradesmen and mechanics present, or the industrious labourers of all classes : there were few of the former absent, and of the latter some came as far as four miles to attend the meeting. The business lasted three hours. I have been present at many public meetings in New Zealand : I never saw one at which the attendance was more respectable, or the proceedings more characterized by good order and earnestness of purpose. I am, Sir, Your very obedient servant, E. Jerningham Wakefield. Christchurcb, 17th May, ]852.