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RESIDENT MAGISTRATE'S COURT, LYELL.

Saturday, 15th May, 1886.

(Before Frauk Bird, Esq., R.M.)

ASSAULT.

This was an information, laid by Dominico Rossetti against Luke Fantella, for an assault, at Eight-mile, on the 6th instant.

Mounted-Constable Bowden conducted the prosecution, and Mr J. J. Moynihan appeared for the defence. Dominico Rossetti: lam a miner, residing at Eight mile. I was going to work in the Italy mine at a quarter to five, p.m. I was in the blacksmith's shop lighting a fire. Fantella came out from the tunnel, and said that I had no business to leave the full truck on the tip-head, but should have emptied it. I told him it was too dark to see to empty it, and I could not keep the candle alight. It was two o'clock in the morning. I told him be always had some fault to find. He told me in Italian that I was lazy. I replied that I was like him. Fantella then took the bar used for crushing purposes and came towards me, asking me in English what I said. I did not answer him. He then struck me on the left shoulder, knocking me down. He struck me a second time with the bar across the right ear. The bar produced is the one he struck me with. The blood stains, I believe, came from the wounds inflicted on me. I bled a great deal. He said, I will break your head. I asked him for God's sake to let me go. He then took me by the collar, lifted me up, and punched me. He called me names, and then left me, when I ran to Bernardo's hut. I asked Bernardo why he did not come when he heard screaming. Fantella did not follow me. I then went home, washed myself, and Fantella came home. We live together. I then started for Lyell to lay an information. The next day I went to Westport to consult a doctor. I swear that I received all the marks from Fantella.

Cross-examined by Mr Moynihan : We both work together in shifts. When I left work I did not empty the truck. He asked me quietly why I did not do so. I did not tell him to go to hell. I know the adze produced. It was not in the forge. I have seen it about the claim. I did not rush at him with the adze, nor threaten to smash his head with it. He did not accuse me of lifting the adze to hiin. If it was necessary I would, to defend myself. I remember working with Candy and Joe Regretti in the Italy. I did take up an axe to Regretti on one occasion, about two years ago, while he was attempting to enter my house. The dagger produced, was left in my house by another man. Bernardo lives close to the forge, but cannot see the forge from his hut. I afterwards found the bar in the forge, subsequent to laying information. Some time ago I Wfcs injured by a log falling against my right ear. I was on that occasion seven weeks in the hospital. I at one time took up a large stone to a man named George Walsh. I swear he struck me with the bar, using his both hands. I did not take up an adze to him. We have been working together for two months. Fantella is a sober man, but not with his tongue. I may have taken up a hammer to a man on the Buller road, but will not swear to it. I had a row with the overseer there.

By the Court: He struck me with the iron bar after I fell. I did not threaten to strike Fantella before he struck me. I replied that if I were negligent so was he.

Constable Bowden: About 7 o'clock in the evening of May 7th Rossetti came to my office and stated that he wanted Luke Fantella arrested for trying to kill him with an iron bar. His ear was cut and bleeding, and blood on his coat. His face and eyes were swollen. He said that he was in great pain. He procured the bar from the claim, and I believe that the stains on it are blood.

Cross-examined by Mr Moynihan: I know the forge, and think it possible that falling on a piece of coal would cause the wound, although there were no signs about the wound. I think if a man were hit with the bar he would not be able to give evidence again. Fantella bears a very good character, in fact both of them.

Mr Moynihan detailed the facts of the case, and admitted the assault, but purely on the grounds of self defence, and pointed out the weight of evidence tending to prove that Rossetti had been in the habit of using dangerous weapons. Riccardi Bernardo (interpreted by Mr Peter Mangos): I remember the occasion of the row between Fantella and Rossetti, and know the forge. I live close to the forge, but cannot see it. I saw the two men outside the forge. I never saw Fantella with the iron bar in his hand, and if he hand I should have seen it. I did not see Rossetti with the adze, but saw Fantella take it home.

Cross-examined by Police : I heard the noise from my house, and on coming out saw them fighting with their hands. Rossetti came into my house, and I then saw that his ear was split. Ten or twelve minutes after Fantella came in with the adze. I never knew the two men to quarrel before. Luke Fantella : At five o'clock on the 6th May I came out of the tunnel, and found Rossetti in the smithy. I asked him why he did not empty the truck. He told me to go to hell. His excuse was darkness. When I told him that other men performed that work. I called him lazy, and then went towards him, when he took up the adze which I took from him after a struggle of three minutes. I swear distinctly that I did

not hit him with the bir. When I got him out of the forge I saw the blood. I would not have hit him if he had not taken up the adze to me, and believe that the wound was occasioned by some sharp coal or stone while on the ground. Cross examined by Rossetti : When the words commenced J went towards Rossetti, and did not have the bar in my hand. I was not crushing a prospect at the time. On a previous occasion I had to speak about his work, he not being a practical miner, but I never used any threats to him. John Fennell: I know the defendant to be a sober, steady, and respectable man, and from my knowledge of hira do not think that he would have performed an act of this description, and can say the same with respect to Rossetti. The Magistrate said that notwithstanding the able manner in which the defence was conducted, he considered that far more violence was used by defendant than necessary for the provocation offered, but was willing to take into consideration the evidence of good character. The fine would be a substantial one, in order to prevent the recurrence of such acts. Fined £5 and costs, or 14 days in Westport jail, one-half the fine to go to complainant. The case §f Fantella v. Rossetti, was withdrawn.

Fennetl v. Shaw.—Judgment summons. Order refused for one month. His Worship remarked that these judgment summons were often taken out earlier than necessary after judgment, thereby not enabling defendants sufficient time to earn the money. Fennell v. Christensen.—Claim £lol9s 7d. for goods supplied. Judgment for amount claimed and costs. WiAißpiEjN'S COURT. Saturday, 15th May, 1886. (Before Frank Bird, Esq., Warden.) John Carroll, application for protection. Granted. Bobert Flannagan, application for water race, Deadman's Creek. Granted. Li Puck, by his agent, James Inglis, applied for tail-race, four miles up New Creek from juuction with Buller. Granted.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/LTCBG18860522.2.6

Bibliographic details
Ngā taipitopito pukapuka

Lyell Times and Central Buller Gazette, Volume VI, Issue 274, 22 May 1886, Page 2

Word count
Tapeke kupu
1,360

RESIDENT MAGISTRATE'S COURT, LYELL. Lyell Times and Central Buller Gazette, Volume VI, Issue 274, 22 May 1886, Page 2

RESIDENT MAGISTRATE'S COURT, LYELL. Lyell Times and Central Buller Gazette, Volume VI, Issue 274, 22 May 1886, Page 2

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