RESIDENT MAGISTRATE'S COURT.

New Zealand Times, Volume XXXII, Issue 5185, 3 November 1877, Page 3

RESIDENT MAGISTRATE'S COURT.

Friday, November 2. (Before H. S. WardeU,,Esq., R.M.) ASSAULT. John O'Connor, seaman, was charged with havincr, on Thursday last, assaulted James Lyell," chief officer of the barque Schiehallion. Mr. Ollivier appeared for complainant. James Lyell, chief officer of the Schiehallion, stated that the prisoner was one of the crew of that vessel, but had been discharged on Thursday. Prisoner, in company with another discharged seaman named McAuliffe, came on board the vessel, and without the slightest warning commenced an attack upon witne s. McAuliffe struck him, a violent blow on the eye, and O'Connor followed this up by several violent blows upon the head. Witness had no time to defend himself. McAuliffe and O'Connor had xiadergone seven days' imprisonment for disobedience of orders on board the vessel, and they blamed.witness as being the principal instigator of the prosecution. In answer to the prisoner, the witness denied that he, caught prisoner by ■ the throat and threatened to choke him. He further stated that prUoner tried to heave him overboard. William Goodritch, an officer of the vessel, deposed that he saw. the prisoner strike the chief officer, but was prevented going to his assistance by McAuliffe, who "shaped," at witness. Witness had quite enough to do to protect himself. ; - John Thomas Blackhouse, an employe on the wharf, deposed that he saw the'prisoner holding the mate, whose face was bruised and bleeding at the time. The mate appeared to be utterly powerless. He saw no blow struck. , Captain Levack was called, but his evidence was not of a material character. ■ , : George Newbatt, a passenger, was called for the defence, but his evidence strongly corroborated that, given by the prosecutor. < The prisoner was sentenced to two months' imprisonment, with hard labor.