MAGISTRATES' COURT.

Nelson Evening Mail, Volume XV, Issue 210, 27 October 1880, Page 2

MAGISTRATES' COURT.

(Before 0. Curtis, P. Donald, and H. Buckeridge, Esqa., J.J P,) James Hart was charged with assaulting James Hollyman on the 22nd instant at the gasworks Mr Bunny appeared for the complainant, and Mr Pitt for the defendant. The evidence of Hollyman weut to show that he asked Hart to help him in removing a plank, which Hart refused to do, whereupon the complainant cursed him. Hart then "knifed" him in the ear, inflicting a cut from which the blood flowed freely — Ur Porter said that Hollyoaan came to him, mid he found him with a bruise on the ear, and a clean cut inside a third of an inch in depth and the samo in width which must have been inflicted by some eharp instrument. Iv reply to the Bench the doctor stated that '. the direction o( the blow was from behiud forward. Mr Pitt said that after hearing Dr Porter's . evidence, which he was quite sure was given i in the full conviction that he was right, he could clearly understand how doctors occa- ! sionally differed, for he should be able to , show to the Bench that no Bharp instrument whatever was used. He then called Eli Strawbridge, a stoker at the gasworks, who said that he was present on the occasion of the assault. Hollyman was somewhat under the influence of liquor, and was very insulting to Hart, who said "I can't stand that," and struck him a couple of blows, one on the right ear. He was perfectly sure that Hart had nothing in his hand, and that the blow was inflicted by the flat alone. In reply to the Bench, witness said he looked at Hollyman's ear a miuute after the blow wftß struck. There was a little bit of a cut about the sixteenth of an inch deep, which was just uuch as might have been caused by the fist. He bad seen all sorts of : wounds inflicted by the fist, and bad seen much worse ones than this from such a cause— The defendant Baid that without any provocation Hollyman, who was in liquor ' and going on like a man out of his mind, was very insulting to him, and he could not stand it, and so struck him. He would swear that ho had nothing in hia hand, and was not even wearing a ring. He did Dot know much. . about blows and their results, but a German once gave him a clout on the ear whiah fetched more blood than came from Hollyman.—Under cross-examination he said that if he had bad the power be would have sent Hollyman home, as he was not fit for work. Dr Porter, re-called by the Bench, Baid that he had never seen such a cut caused by a ring, or button, or by the naked fist. He has seen severe wounds icflicted by the fist but never sucn a clean puncture. ', The Bench said that the fact of an assault bad been proved, and they should fine the defendant £1 andcoßtß -t2 11». School Commissioners v. Macmabon and Callan (of Westport).— Action to recover £Q ss, rent of education reserves. Judgment for the plaintiffs with costs £2 Is. School Commissioners v. Callan. — Action to recover £12 10s, two years rent on education reßerveß Judgment for the plaintiffs with costs £2 Is. Mr Percy Adams appeared for the plaintiffs in both cases. College Governors v. Straite. — Action to recover £15 for interest or mortgage. Mr Curtis, being Secretary to the College Governors, lefc the Bench during this case. [ Mr Percy Adams appeared for the plaintiffs for whom judgment was given with costs £2. . *'wra^arg™re»nw»*raqgas^gM L '*ii»' < w' * ' "■""-"ran™-