RESIDENT MAGISTRATE'S COURT FOXTON.

Manawatu Herald, Volume III, Issue 8, 28 September 1880, Page 2

RESIDENT MAGISTRATE'S COURT FOXTON.

Wednesday. Septembeh 22, 1880. (Before li. Ward, E«q., R.M., and E. S. Thynne, Esq.,J.P.) THE ROW AT TIIE FERRY. Martin M'Gauley v. Kiriona— Claim £60, for loss of wages incurred through the row which occured some time ogo on the Foxton punt by which plaintiffs finder had been broken, and he had been rendeied unfit for work. Mr Hankins appeared for plaintiff. Defendant applied for an adjournment, as he had not received the summons m sufficient time to obtain iegal assistance. Mr Hankins said he would not object to the adjournment if his Worship would oonsent to take the evidence of a man named Flannagan, a material witness for the plaintiff. Klannagan was about to leave the district, and it would probably save both parties expense if his evidence were taken that day. This course was agreed to, and the evidence was taken. Owen Flannagan, a horse dealer, said ho remembered the 6th of August last, and was taking a walk up by the ferry about 4. or o p.m., on that day ; I know defendant, and saw him out on the punt in the middle of the river by himself; I saw M'Gauley go out in a boat to the punt ; there was a flood in the river, and Guerin, M'Gauloy and rny^ self went out in the boat, to the punt ; the Maori was on it ; we got it to tli3 side of ihe river; Guerin left aud wont for a policeman ; the Maori wanted to take the boat and cross the liver; M'Gauley would not let him, and the Maori then threw off his kit, and struck him twice; the Maori locked like a m;in who was half drunk, and was in good fighting oider ; M'Gauley gave him a shove ; the itluori then came on again, and M'Gauley then struck him \ thf Maori then picked up a large stick, and drew the stick back to hit him ; M 'Guuley got hold of the stick to take it from him ; they then struggled together, and M'Gauley's finger was broken ; I saw the whole struggle ; I saw the Maori have hold of M'Gauley 's finger, and then twist the stick back. [The witness heie illustrated how M'Gauley's finger was broken. As the men were struggling, the forefinger of his left hand spread out along the stick. The Maori then grasped the stick and his finger, and bending it back, the finger was broken.] M'Gauley gave no provocation ; he treated him like a child, and was the quietest man who ever stood oa two legs. liy defendant — I saw M'Gauley's finger on the stick ; I think a man wou d be most likely to grasp a stick with his forefinger undor his hand ; T saw you on the punt ; the ferryman came on the punt ; I don't know whether you asked them to put you across ; I think a man about crossing would call at the ferry ; you wanted f o force the boat across yourself; you were half drunk; I saw no other native at the other side ; the punt was caught about a chain and a half from the other side ; either Guerin or I stepped on the punt first from the boat, I cannot say which ; you struck M'Gauley twice. This concluded the examination. Guerin and. M 'Gauley v Kiriona — Claim £10, damage to the Foxton ferry. Flannagan's evidenca only was taken in this/ case. It was simply a corroboration of the evidence given in the previous ease. The Court then adjourned.