MAGISTRATES' COURT.

Nelson Evening Mail, Volume XIII, Issue 14, 16 January 1878, Page 2

MAGISTRATES' COURT.

[Before J. Sharp and G. Gillow, Esqs.. J.J.L'.] l ' Debt Casks.

Smith v. Brihkky. — Action to recover £4 19s for wines supplied. Defendaut did not appear. Judgment for amonnt claimed and costs.

Everett Bros. v. Purser.— Action to recover £3 16s Id for goods supplied. Judgment for amount claimed and costs.

Ligklhand and Co. v. Marshall— Action to recover £10 7s for goods supplied.. Judgment for amount claimed and costs.

Oahey v. Williams.— Judgment summons for £3 1 5s 6d. Ordered to be paid in weekly, instalments of £1. or in default defendant to be imprisoned for one month.

ASSAULT;

Anthony Hurst v. William Taylor.— Action to recover £21 damages for assault. Mr Pitt appeared for the plaintiff aud Mr Acton Adams for the defendant.

Anthony Hurst: I am a laborer residing at Stoke having come to Nel3on in the Howrah. On the sth January I was working in Orsman'a field. Taylor and two others were there. There was a dispute about the amount ot wages to be paid to us. Taylor then interfered, and said I was the sort of man he would like to pay, and struck me on the face several times. I bled a great deal. Orsman told Taylor he had given me enough. 1 gave Taylor no provocation whatever. I have boen in the doctor's hands ever since, and have been quite unable to work. I was engaged to go to Mr Eoy at 8a a day, but have not been able to do so.

Cross-examined: I had not too much beer that day. I did not call any of them twofaced men when there wa3 a dispute about the wages. I did not take off my coat to fight. I did not strike Taylor. He kuocked me down three times.

Dr. Squires stated that Hurst came to him on the morning of the 7th. His face was generally bruised, both eyes were blackened, there were abrasions ou the forehead and' cheeks, his left ear was swollen and bruised. One of his teeth was split, and three were loosened. He complained of pain in the lower part of the back and left side which was bruised and swollen and rery tender to the touch. He waß spitting blood and was in a thoroughly nervous state. lam still attending him. His pulse was over 144 this morning, which is traceable to the nervous system being upset. If; will be a fortnight before he can work again.

Cross-examined: The symptoms would not have been produced by sunstroke. James Kellow: I was "present at the time of the assault. There was a dispute about the wages, and I saw Taylor strike Hurst once. A fight has not much interest for me lam not an Irishmau. Hurst took off his coat; and put it over his arm, tucked up his sleeves, and came at Orsman. Taylor did pot knock him down. He bled a little Cross examined : Hurst had plenty of drink that afternoon. , He was staggering a

This closed the case for the plaintiff. Eor the defence Mr Adams called

, W. Orsman, who said Hurst was working for me, and raised a question about his wages. He was drunk at the time, and took off his coat and said he would knock my head off. Taylor made some remark, when Hurst knocked the pipe out of his mouth and. Taylor then hit him one blow. I said I did not want to have any bother in my field, and offered him his money He said he would not take it, but would summons me. He left the field, and after an absence of two minutes he came back like a mad dog into a flock of sheep and said. " I'm the best man within fire miles of Nelson. You've hit me on one side, now see if you can hit me on the other." Taylor did so. Hit him twice, but did not knock him down. He tried to h,it Taylor, but could not.

Cross-examined : I'm not a fighting man but supposing you was to hit me I think I should hit you back. It was not I who offered to fight Hurst. He only had three blow3,.not very hard. I dou't care what Dr. Squires said about the bruise on his side. He only got three cracks on the face.

"" W. Taylor : There was some talk about the: wages. Orsman offered" :to pay Hurst when he shaped, at him, and said he would summons him. He >lked about the other men -being a t\yo-faced lot, when I said I thought he was the double-faced one. He then flew at me and knocked the pipe out of my mouth. I hit him at once on the cheek. He left the grouud, and after some minutes cnnie back and said I had hit him on one side of the face, was I man enough to strike him on the other ? I said I would if he struck me. He shaped, and I hit him again two or three times. He is a bigger and more powerful man than myself, and I was not going to- let him cuddle me. I only hit him in self defence.

Cross-examined; Hnrsj; was not sober. I doq't l?n.otv what you call drunk, but I should say he was liaif-mad. I wish he hai been a better man, for I would rather have had more work to hammer him. lam sure I only struck him once at first. I did : not knock him down. • ,

Thomas Lfneham: Hurst was talking 'a good deal that afternoon. It's his general rule. There was a talk about the wages, and I sawhim tuck up his shirtsleeves as though he meant fighting. I did not see any blow struck until he had left the field and come back and asked Taylor if he was going to hit him on the other side of the face. Taylor then hit him.

Cross-examined: Taylor only hit him once, and if he (Taylor) says he struck him three times he is wrong. For all I know Hurst was sober.

This closed the evidence,

Counsel having addressed th» Benoh, their Worships retired fqr a fen- minutes, and on returning said that, whatever might have been the merits of the quarrel between the t>vo parties, the punishment administered was altogether too severe. The judgment would be for plaintiff for £12, and costs £5 3s