POLICE COURT.

New Zealand Mail, Issue 35, 23 September 1871, Page 8

POLICE COURT.

Thursday, September 21. (Before J. 0. Crawford, Esq., R.M.) STONE THROWING-. Pour boys were brought up, charged with throwing stones and creating a disturbance in a public place, namely, near Mr Carpenter’s premises in Molesworth street. One boy, named M'Kane, was fined ten shillings, and another, named Palmer, was fined five, with costs. The others were discharged. YIOLENT ASSAULT. John Mulhern was charged with having, on the sth instant, unlawfully assaulted one Joseph M'Leavy, with intent to do him grievous bodily harm. Mr Buckley appeared to prosecute. Mr Ollivier for the defence. The prosecutor, who was very weak, and evidently suffering severely, was accommodated with a chair. He deposed as follows : —I am a farmer residing at Makara. On the sth September I was a witness in the ease of Monaghan v the prisoner. I started for home about half-past 2 o’clock that day. The prisoner overtook me on the Makara road. I was walking and he was riding. This was about seven or eight miles from Wellington, and two miles from my own home. At the time he overtook me he was alone. He wished me good evening, and I turned round. He then said, “ You wretch, you were against me and Mrs Mulhern to-day,” and with that made a blow at me with a whip, striking me with the thong of a hammer-headed whip. The blow was given with such force as to stagger me, and I reeled across the road. He made a second blow at me, which I partly warded off, and in doing so caught the lash, but threw it to him, thinking he would then leave me. At this time Mrs Mulhern, who was also on horseback, came up. She asked him to the effect, whether he bad paid me, on which he wheeled round and hit me on the head with the hammer of the whip, and knocked me down. The road was very lonely where this took place. The blow rendered me insensible, and I do not know how long I lay, or when I came to my senses. When I did so, I found I could not walk, and called out for assistance, when some persons came up and assisted me home. I was taken home in Mr Bowler’s cart. I was a week ill in bed afterwards, and have been in the hospital since Tuesday weekj Dr Kemp saw me the day after the assault. Cross-examined by Mr Ollivier: I have resided in the district fifteen years, and have known Mulhern three years. There has been a little ruction about the school, and as one of the committee, I have been put down, I dare say, in his black books. There has been a little ill-feeling on the school, and as one of twelve, I have had my share of it.

Cross-examination resumed: I was one of those who wanted to turn him out of possession of the school house. I never threatened Mulhern. Never declared I would be revenged on him. I never visit Kells’ Hotel; it is a house Ido not go into. I was there only once i 1 the last nine months. I was there one day on which defendant’s first case came on. On the 22nd of July, I was not sober that day, and do not remember what passed, nor whether any threats were issued against Mulhern by myself or others. I have had several knocks on the head before this, and have, been struck on the head with a bottle. I had ribs knocked in by a horse, but my health has not been much injured by these injuries. The last place I was in on my way home was the Karori Hotel, where I had brandy hot. I was only in one other house that day, where I had one or two, but not more. What I had did not make me tipsy. William Monaghan walked with me as far as Karori, but I did not say that I would he revenged on Mulhern. I might have said that he had put the district to expense,’and that I would do all I could to put him out of it. I did not go across the road when Mulhern came up, neither did I catch hold of the bridle nor attempt to pull him off his horse. He did not fall off, but remained on horseback during the whole of the occurrence. I was on the near side of the horse. I did not say anything to Mulhern, and did not commence abusing him. Re-examined by Mr Buckley : The hat produced was the one I wore on that day, and the cut in it was caused by the blow. I was not drunk on the day. I had no personal ill-feel-ing to Mulhern previous to this occurrence. Dr Johnston, surgeon-superintendent of the hospital, described the wound on M'Leavy’s head. It was a serious wound, such as might be caused by the hammer-head of a whip. John Shotter, farmer, Makara, gave evidence as to having seen the parties pass hia house on the evening in question, as to finding M'Leavy on the road wounded, and as to his having seen him again pass on the following morning.

At the conclusion of the evidence, it was contended by Mr Buckley that it was sufficient to establish, prima facie, a case of violent assault; and the Magistrate being also of that opinion committed the defendant for trial at the next sittings of the Supreme Court. There was a counter-charge by John Mulhern against M'Leavy, with reference to which the former gave evidence, and there were other witnesses called, but their evidence did not materially supplement that of the complainant. The case was dismissed, the Magistrate considering that the facts would be sufficiently elicited on the other case when before a jury.