RESIDENT MAGISTRATE'S COURT

Mount Ida Chronicle, Volume VIII, Issue 427, 23 June 1877, Page 3

RESIDENT MAGISTRATE'S COURT

June 18. JBeiofe K. W. Robinson, Esq., R.M., and * Li W. Busch, Esq., J,P,) Police (by Hock Sun) v. Patrick Deasy. —lnformation stated that accused, on 12th June, violently assaulted Hock Sun, and struck him on the head with a shovel, thereby doing him bodily harm. Mr. Ilowlatt for complainant, Mr. Bailey for accused. Complainant was sworn with a match. Objection was taken by Mr. Bailey to the absence of the Government Interpreter, this being an indictable offence. The Bench considered that the attendance of such Interpreter, in a case of this kind, was indispensable ; and the case should be adjourned for the attendance ofthe Interpreter on Saturday, 23rd Sergeant O'Neil promising to telegraph to him that afternoon. Mr. Eowlatt then proposed that the evidence of Dr. Whitton and Sergeant O'Neil should betaken thatday ; to which no objection was raised. Dr. Whitton, being examined, said that he attended Hock Sun at the Hospital on the 12lh. He was suffering from a wound on the right side of the head, recently inflicted he considered about half an hour before he saw him. The wound had separated the scalp to the extent of a five-shilling piece. The bone of the skull was not visible. A good quantity of blood had flowed. Complainant was able to walk, but was rather weak, and inclined to be sick. The wound was probably inflicted by some blunt instrument. (Here a shovel was produced.) The wound might have been done with the back ofthe shovel. (FT ere a hat was produced.) He didn't think that the cut in the hat could have been caused excopt by an oblique blow. He did not see the hat at the time. He had attended the complainant since at his hut. The wound had very little effect, only kept him from his work.—ln cross-examination Mr. Bailey elicited, that the man was never in danger, Deither was he now in danger. Il was not so serious but what he could be removed from the Hospital on the same day, and remain in his own hut. The doctor had attended him three times, and considered him now convalescent.—To a question : Supposing a man struck at you with a shovel obliquely, and you warded it back with violence, could it not produce such a blow on the first striker ? I think not.—P. C. O'Neil, Sergeant of Police, stated: About half past twelve on the 12th inst. I was informed that a Chinaman had been assaulted by a European at the lower end of Cogan's paddock, Hamilton road. Was informed that complainant was lying with a cut upon his head. I sent him to the Hospital, where I believe he was attended by Dr. Whitton. There was some blood on the stone where he lay. I was handed the shovel now produced by a Chinaman named Mon Lux at the time, and in informant's presence. (A hat was here produced.) I placed a hat on the informant's head. Next morning went to his hut and brought the hat away. I believe the hat to' be the same I saw at the time. I arrested prisoner at a quartet* past three the Same day, on a charge of assaailing informant. I told him the charge, but gave him no caution. He told me—"He found the Chinaman working in his tail race. He asked him what he was doing there. The reply was, 'You by Englishman,' at the >same time raising the shovel to strike him (Deasy). He said he seized hold of the shovel, but did not know whether it touched the Chinaman or not." I afterwards, brought informant to the police station, where I had taken accused, and he identified accused as the person who assaulted him. —Cross-examined: I have seeu plenty of hats like the one produced. lam not sure it is the same hat. I did not mark it. As I said before, I received the hat on the following morning. —Case adjourned to Saturday 23rd, 11 a.m. Bail accepted, £SO accused, and two sureties of £25 each.