POLICE COURT, GORE.

Mataura Ensign, Volume 7, Issue 414, 2 December 1884, Page 5

POLICE COURT, GORE.

/' ' SATOBDAY, NOV. 29, 1884. (Before Messrs Jno. MacOi^bon and Willia :. " ;> . i"''- " Souness, J.J.F.) ; ' duTTING AND WOUNDING. All Ghbng' was charged, on remaii from Waikaia, on the information < 3-fciehard Lacy for haying; on the 27i inst.y struck the said Richard Lacy on tl head and face with an axe. ; Mr Johnston appeared for defendant, , The, ,pase had been, partly heard j "Waikaia before Mr Taylor, J. P., and tt doctors certificate showed that the worm might have been a serious one, and tliE it would incapacitate Lacy for a few days •There was also laid a cross informatio against Lacy by Ah Chong. . In the. first casejacensed pled not guilt j Richard Lacy deposed that he was ; shearer at G-illander's station. Las Thursday he was in the hut with the res of ihe shearers. They boiled a billy o tea. Took some of the tea in a pannikin Went into the cookhouse, where accuse< and another Chinaman were. Asked ac cused for a. piece of br^ad and he woult not give it. Witness said that he. woulc take it. Went to the safe for that pur pp»e, While he was stooping to open th( door of it accused shoved him down. GOl up; again and went a' second time to th( safe. '•-' Accused- threw off his coat anc seized.a tomahawk (produced). He mad< aiblow with it and struck witness on th< head. . ..Could not say whether it was witl the edge or not. Warded off. the blovi partly. ; Tried to take the tomahawk front niin,and while struggling, accused strap! witness a second blow on the face. Thei held accused till the tomahawk was taker from; hirm The wound: bled freely, Accused then made ■ a rush towards the table where the knives were. Every one then ran .away., Witness had no weapon at all. -Did not provoke accused in any w>y. Then went for the policeman. While witness, was holding accused he made "a i great number of blows with the tomahawk, but none of them did anything, as they were too : close together. — To Mr Johnston : Had a perfect right to go to ; tb.e hut for' bread, as all shearers get(." < 6rownie" between meals. Pid not aslc for cake, Ah Chong gave no reason for refusing the bread. Never had a knife the whole time. The row lasted about eight or ten minutes. There were about 20 men in the adjoining hut, and, they, came when witness , called . for assistance., y Called out about three times. A ; man named Brady took the tomahawk from accused. Had no quarrel with accused at any time. Have not suffered any pain or inconvenience beyond that from loss of blood. Sydney S. Haigh, woolroller, said that he saw Obacy leave. the shearers' hut with a pannikin in his hand.; He went into the : copkhouse. Heard someone calling oat,, and ran out, with the crowd. Lacy had his arms round Ah Chong, who had a tdmahawk in his right hand, and was trying to use it. Lacy had nothing in his 'hand when ;he left the shearers' hut. > George. Attiwell, sheai*er, also gave evidence corroborating the story of; comS' lainant as to the circumstances anteceent to, and after the [ ; assault. He did not actually see the blow, because he had turned to call for assistan ce; Constable P. Maher gaye 1 evidence as to i the 1 lodging of the complaint by liacy.'yLacy was covered with blood, wMch.he ,sald was from being tomahawked, by a- 1 .. Chinaman, who, he said, frould soon arrive in Waikaia. He said tie would give accused in charge. As accused seemed a long time coming, went to meet him and did so about half-a-inile from ; Waikaia. Arrested him and locked him up. , ; Went next day to Gillander?s. and-got the axe , (produced) s from, Brady., It had no blood, upon it then. ' , ■ . . "The Bench, intimated that they intended ,to treat the case summarily ; 'feiit would defer tneir; decision until the ' CBOSB INFOEMATION had been disposed of. In this [Richard Lacy was charged on the informa"" f 'tion_of Ah Chong with having on the 27th November at Waikaia Plains assaulted ' complainant by striking him on the head 'with a 'knife. ' ' Ah Chong, who availed himself of the services of an interpreter, deposed that Lacy went to his hut on Thursday last, .asking for a loaf of bread,but witness saH * liis' r orders' from the " boss "were not to givW any luncheon then. Lacy then went to the cupboard to take the bread iiimself jarid on witness trying to stop him he took a table knife he had in his possession and inflicted a wound on the top of;'his antagonist's head. Witness was two or three times struck with the knife, and was then kicked. Witness was chop- ' ping mutton with the tomahawk just : before Lacy came into the kitchen, and had left it on the block. Did not use it at all while Lacy was in the hut. Had a dispute with Lapy the day before the the. alleged rassault, when the present defendant struck him with nis fist. The ' injuries to Jjacy's face were caused by a ' fall from a horse ; had seen them two or 1 three days before the row. \ Witness, however, was certain his injuries were inflcted during the row of which he had spoken. Had had a row with Attiwell, one of the witnesses in the previous , case... ,■ . At this stage. Constable EretweU asked to be allowed to see the wounds on complainants head, and after profuse band- ' ages had been removed the Constable ','amidst some laughter declared hia to see any wounds whatever. : Mr ; Johnston said he would call expert , revidence to contradict him. '': - In reply to the constable witness explained his delay in laying the information. No one had hit him with a sticl ; on the head during the past day or two. Ah Long was a witness of the row "between Lacy and Ah Chong. During •it the cook was struck on the head bj . Lacy with a knife. Ah Chong did noi strike Lacy . with a tomahawk. Lac^ knocked Ah - Chong down and kicket Mm, rendering him . insensible.— T< Constable Maher ; Did not take ani active part in the row beyond callinj for assistance. Never saw the tomahawl in Ah Chong's hand. .Saw the marks o] Lacy'S;face two or three days before th< . row. ■ - ; ■ • Dr Macaffer deposed that lie ha< examined Ah Chong's head since hi - arrival in Gore, and found two inoisei wounds, one of which at any rate migh have been done by a sharp instrumen within the past 48 hours. To Constabl ; Fretwell : THe wounds might have bee caused by a sharp table knife. The unfortunate Chinaman's fread wa " • 'Ojjain submitted to examination, and th /doctor, and constable disagreed astoth .existence of wounds. Owing to tii length, of /the pigtail some time ws /Occupied in arriving at the exact spot. r ? The, Bench in the case of Lacy i * 'AH Chong ' fined defendant 40s; i * B6ven ! days' imprisonment in tl -» vtfnvercargill Gaol. ;The other inform; .vhition would be(.di3missed. . . :

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