IN THE COUNTY COURT.

New Zealand Colonist and Port Nicholson Advertiser, Volume I, Issue 43, 27 December 1842, Page 2

IN THE COUNTY COURT.

Tuesday, December 20, 1842. Before His Honor E. S. Hals well. (Criminal sidej. When the Jury were sworn, the judge shortly addressed them as to the state of the calendar, there being fourteen prisoners for trial; two already committed for the Supreme Court, and a long list of civil causes. Henry Nathan was indicted for an assault upon George Rees. The prisoner was defended by Mr. Ross. The Crown Prosecutor having stated the case for the prosecution, called George Rees —l am a surgeon, and settler, and live at Wanganui; I know the prisoner at the bar; on or about the 10th of November last. I laid an information against the prisoner for stealing slabs; I was afterwards passing along the Taupo Quay ; I was followed by the prisoner; this was about two o’clock; he called to me to stop ; I paid no attention to it; on my arriving at my home, I closed the gate against him; he said, I am not going to be done in that manner, and begun abusing me, and jumped over the gate; he struck at me repeatedly, but I kept him at arm’s length; finding I could not get away from him without a regular fight, I called to two persons standing by to help me to get away; he had then hold of my neck-handkerchief; he struck me a blow on the eye, rather a violent one ; the two persons took hold of the prisoner, and then I walked away; I afterwards met Garner, the chief constable, on the beach; we followed the prisoner to his home ; I did not lose sight of him ; this occupied about ten minutes; the * prisoner went into his house, came out again with a musket in his hand; during our progress to his house, about half way, he brandished a stick, and threatened to knock any one down who came near to touch him ; he presented the musket at me, and he said, I will shoot that bloody Doctor ; he repeated these words, and I retreated ; I got away. Cross-examined by Mr. Ross—l have known the prisoner thirteen months; I have had several dealings with him ; this assault took place either the evening before, on the same morning 1 1 laid the information against him for stealing slabs; he sold me the timbert—hese slabs in . question; they were not paid for ; there was a specific understanding that as he owed me money, I was not to pay for them; the case was dismissed by the magistrates for want of sufficient evidence; T never applied any opprobrious terms to him; I never called him a thief; I said, perhaps you do not know the situation in which you have placed yourself; I might have said, I will prosecute you for stealing; this took place the day before I went to the Magistrates ; I can safely say I had had no conversation with him previously on the morning of the assault; I gave him no provocation; he had not been taken before the Magistrates ; I did not say that I had a warrant for him; I knew that a summons was granted; I had ho difference with the prisoher, except what arose out of the transaction of the slabs. William John Holder —I am a. settler living at Wanganui; I know the prisoner at the bar; I know the prosecutor; I saw the prisoner and the prosecutor on the 10th November, near Dr. Rees’ house; I saw the prisoner strike the Doctor; the prisoner had hold of his neckhandkerchief ; I saw him strike him on the

face; I was about forty yards off; I did not go near them ; I tried to keep out of the way. Cross-examined by Mr. Ross—l heard the prisoner say, I will go and ask the Doctor what he means by accusing me of stealing his timber ; I could not say that there was any talking between them. John Garner— l am chief constable at Wanganui ; I know the prisoner and prosecutor; on or about the 10th day of November, I saw the prosecutor with his eye cut; the prisoner was present; he went into his house, which is at the back of the gaol, and fetched out a gun; he presented the gun at me and the Doctor; he was then standing close to the Doctor; he said he would shoot the Doctor; and he used some expression; the Doctor got behind the gaol; the distance between the prosecutor and prisoner’s houses is about 250 yards, the new house 500 yards ; I heard the prisoner say, he would not be taken. Cross-examined by Mr. Ross—l saw no assault take place. The Crown Prosecutor and Mr. Ross having addressed the Jury, the learned Judge summed up the evidence, and the Jury found the prisoner guilty. Sentence —to pay a fine of £5 to the Queen, to he imprisoned until the fine is paid, and to enter into his own recognizance in the sum of £2O, two sureties of £lO each to keep the peace for twelve months.