WARDEN'S COURT, LYELL.

Lyell Times and Central Buller Gazette, Volume VI, Issue 285, 7 August 1886, Page 2

WARDEN'S COURT, LYELL.

Wednesday, 4th August, 1886.

(Before Frank Bird, Esq., Warden.) Applications.

Ah Lum—Double area ground. Granted W. A. Lennon—Water race. Granted. F. Harrison—Water race. Granted. Peter Kelly—Tail race and dam. Withdrawn.

J. Carroll and L. Martin—Water race, tail race, and dam. Granted. L. Martin—Double area. Granted. Ah Lum and party—Double area of ground. Granted. RESIDENT MAGISTRATE'S COURT, LYELL. Wednesday, 4th August, 188 G. (Before Frank Bird, Esq., R.M.) PEARCE V. PEARCE. Defendant ordered to pay £1 per week towards the maintenance of his family. Payments to be made fortnightly to the Clerk of the Court at Lyell, POLICE V. CARR. Information for using obscene language in the streets of Lyell and in the hearing of several children.. No appearanoe of defendant. , The evidence of R. W. M'Coy and James Young fully corroborated the evidence of the police. At this stage Mr Lynch was instructed to appear for the defence, and caused the

information to be amended to that of insulting language. Fiued £1 and costs, or in default seven days' imprisonment in Reefton jail. WELCH V. CADIGAN. Information for unlawfully wounding. Mounted-Constable Bowden prosecuted and Mr Lynch appeared for the defence. George Welch : I am a packer in the employ of Mr Fennell, remember Sunday, 11th July, I saw accused first in Fennell's back parlor at 10. 30 in the evening, when be asked me to have a drink. He asked me to go for a walk with him and I complied. We went on to Mrs William's back parlor and had another drink. We had a swiss cigar, and he lighted his cigar ftoin a match which I held. We were very friendly. When we came out he told a man named Martin Carr to leave, and then struck me, and felled me to the ground with some hard substance. He then began kicking me on the side of the head, above the right ear. I was cut and bleeding from the wounds. I was also bruised about the arms and ribs. I called out " murder," and Mrs Williams came out, when I informed her that Cadigan had split my head with a stone. I followed him down the street, and told him I would prosecute him, when he threw another stone at me, striking me on the left side. I have been able to work although feeling unwell, and am still bruised.

By the police: When I went home I had my head washed. The shirt and handkerchief produced are those used by me at the time. I never had a falling out with Cadigam until this event. By Mr Lynch: I know Mr Cadigan's daughter, now in Boatinans', and never used any insulting language to her. Cadigau asked me if I used any insulting language to her, and I denied having done so. The assault took place outside Welcome Inn. I admit having had some drink while Mr Fennell was in Westport, and remember a bit of a row on the occasion of Miss Cadigan refusing me the key of the till. Ido not remember using any insulting language to her although I may have done so.

By the bench : On the Sunday night I had two drinks with Cadigan, and he appeared very friendly with me, both at Fennel's and up ;at the Welcome Inn, until the time he assaulted me. I am aware that my conduct was the subject o a complaint sent to my employer by the storeman. Ido not desire to press the case.

Charles Beswick: On Sunday night I was at my mother's house, the Welcome Inn. I saw Welch, Cadigan and Carr there. I heard Cadigan ask for drinks. They remained in the parlor about 10 minutes, and were talking together in a friendly way. When they left the hotel I heard a yell, and on going out saw Cadigan,.Welch, and Carr. The litter asked me what the hell I wanted there, and told me to mind my own business. I saw that Welch was wounded, and he informed me that Cadigan did it. I did not see any blow struck. Ellen Williams: lam licensee of the Welcome Inn. Recollect 11th July, Sunday. Saw Cadigan, Welch, and Carr at my house in the evening. TLey were all talking together in a friendly manner. They got drinks, which Cadigan paid for. When they left I heard someone singing out in the street, and on going out saw Cadigan and Welch. The latter told me that Cadigan had thrown a stone at him. Cadigan was then opposite Mrs M'Dowall's house. I saw that Welch's head was bleeding a little. By Mr Lynch : There was a cart there, and informant may have fallen against it. I did not see any kicking or assault of any kind. By the Court: The men were sober when they came to my house, and appeared in the most friendly manner towards each other.

Mounted-Constable Bowden: On Monday, the 12th July, after the assault, I saw Welch and examined him, when I found the following marks: three large wounds on the head, two at the back and one-on the right side of the head, a bruise or cut on the top of the wrist of the left hand, and the forearm of the right arm bruised and swollen, and left side of ribs slightly bruised. Mr Lynch addressed the Court for the defence.

The Magistrate in giving judgment remarked strongly on the manner in which the assault was committed, and the circumstances suiTOunding it, and state J that had it not been for the friendly manner in which informant viewed the matter he would most decidedly have committed defendant for one month to Westport jail. He would inflict a fine of £3 and costs. MANGOS V. BAMFOKD. Claim for £Q Is- Order made, in accordance with written offer, to pay £1 per month. FLANNAGAN V. THE INANGAHUA COUNTY COUNCIL. Mr Lynch for defendants. Settled out of Court, and judgment entered up for £lO, each party paying their own costs.