MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 240, 29 January 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. [Before T. W. Parker, Esq., J.P.J WANDERING CATTLE. C" arl 3 Townsend was informed against J»y the Inspector of Nuisances for allowing •t cow, liis property, to be at large witiiin the limits of the town. Fined ss. NUISANCE. The case against Jarvis White, adjourned for the purpose of allowing defendant to get rid of the nuisanc •, again came up for hearing. The Inspector stated that, although the pigs had betn rid of, t" e sty still remained, and was as objectionable as ever. A man, however, was at work in the removal of the piggery, and his Worship further adjourned the case till Friday, to allow of the work being completed. ASSAULT. Thomas Barrett, on remand, charged with assaulting John Henderson, by striking him with a stick, on the 23th insfr., surrendered to his bail. Mr. Hialop appeared for the complainant, and Mr. O'Meagher for the defendant. At the outset of the case, Mr. O'Meagher took exception to the accused being put into the dock. He had seen cases of assault in which the accused had been allowed to stand upon the floor of the Court.

Hia Worship said the reason accused had been put into the dock was that he had been brought up in custody of the police, and although he had been out on bail, he was still virtually in custody. John Henderson, deposed : I am the complainant in this case, and assistant clerk to the Corporation. On Thursd y night laßt, about half-past nine o'clock, I was walking down Thames-street, and when close to Mr. Edwards' shop, I had my right Land in my trowsers* pocket, and a light cane in my right hand, when I saw a man coming towards me who had also a stick in his right hand. I did not recognise who he was, for he was walking quite steadily and piaceably, as I thought. When he came close to me I received a b'ow with a stick on the left side of the head, which knocked me down in the street I was completely stunned for a second or two, and when I strove to rise, accused attacked me again, swearing all tie time. When I heard him speak I was able to recognise him as the. prisoner. I f«lt vary giddy from the blow I had rt#t»v«d, and I caught hold of bun, Afttf

holding Lira for a little while, I let him loose again. Some of his friends took him away for a few yards, but he came back and attacked me again, calling me a low dog of an ex-policeman, and threatening to do for me. I put him down a second time, and held him until Sergeant Carrol arrived, when I gave him in charge. I had my hand injured, and have not been able to do any writing or attend to my work sine?. T.ie stick produced is the one I got struck with, but it was longer when he first attacked me, and got broken in the struggle. I believe it was with the heavy end [ was struck, judging from the weig'it of the blow. I have never injured the accused in any way, or given him the slightest provocation. About eight months since, in May of last year, he accosted me in Tyne-street, gave mean amount of abuse, and threatened that he would do for ins at the first ciana. I saw, however, that he was tinder the influence of liquor, and took no notice of him. I have repeatedly met him in the street since, but have never spoken to him, as he walked quietly by without interference.

To Mr. O'Meagh.r: It mig'.t have been the light end of the stick he struck me with. It did not break with the blow, but when I put him down. When he spoke to me in May he said I had done him an injury, as I had gone about his house, and interfered witu his wifj. I could n.jt say whether hi was drunk o:i Thursday night or not. Mr. Edwards' s'.iop was lit up at the tim >. I nevu had to interfere with him unless aboit two years ago, but from that time until Mty iast he never spoke to me.

Re-examined by Mr. Hislop : He accused me of going to his hous ;, but there is no truth in the statement, as I was never inside his garden feiic.'. The only Decision on which f spokj to his wire was when he assaulted her, and I was sent j do.vn about the case by the Inspector. It was in the of my duty. I m-iy I.ave spoken to her more than once, but only on the matter referred to. Thomas Carroll depose 1: Tam sjrgjant of polic-, stationed at Gam u-u. I rem.'iiiber ten o'clock o 1 T.ia.-s lay evening last. I saw a co.vd of >is oi the f-.iotpa h in T.iauui-iti-ejt, co-jj t» G.-mi's A lianuj il >tel. I wjnt ovjr, all sa-.v the List witn. ss holding down the accused. W.ien I impiired wiiat was t ie matter, complainant toll ma he had b-sen as. aaaite 1, and asked me to take toe accused i;i ciiarge. I toen arrested Barrett, and t dd H nderson to come over and sign ti;e eoarge s.ieet. Toe a.-cused used most abu-ive lan j uige, and threatened t> give lO uplainant worse next time. To Mr. O'Meagher : When the c .arge was signed, he was locked up in a cjII with another prisoner. lam not aware that his companion in the cell was sufferiig from diarrhoea. Prisoners locked up get a blanket, and notliing else. The floor is of wood, not stone. That concluded the case for the prose, cution.

Mr. O'Meagher said that his learned friend brought out in ix.mination that the prisoner had, in his own mind, some cause for the grievance, whether real or imaginary, and there could be no doubt that being in drink his feelings werewound up to the rash act. He (Mr. O'Meagher) did not for a moment wisli to ju3tify the assault, but still, the wtapon with whic t the attack was made was evidence that there was no premeditation in the assault. The accused was very sorry for what had occurred.

The Magistrate said that at first sight it appeared a3 if it would be necessary to send the matter to a higher Court, but, should it be dealt with summarily, he would have to go to the maximum point. The a' tack was most cowardly and unprovoked, and it was not the fault of the accused that it had not been more serious in its results. Considering the position of the parties, and the evidence of the complainant, that something ha 1 occurred which had been looked upon as agrievance, and that the accused liad nursed those feelings for a year and a half, he was not inclined to look upon the threats made as m.re empty and idle words. When he could nurse those feelings for so long, it was not imposs.bld that next time he wo aid use some wapon which would be more effectual, and possibly imperil c > • plainant's life. In ordinary cases of assaidt, the feelings by which they are prompted die away in a week or two, but if he dealt summarily with the present case, it would be necessary to go the full extent, and require recognisances for twelve months, and also to inflict the highest penalty allowed. . The accused would, therefore, be fined- £lO, or two months' imprisonment, and be required to find two sureties of £3O each to keep the far twjlvd uoutbet

Mr. applied for a copy of the conviction, with a view to making an appeal. His Worship would like to know upon what grounds counsel sought the appeal. Mr. O'Meagher said on the plea that no information had been laid. He had repeatedly cautioned the policy but no notice had been taken o£ him, and he was determined to await the first opportunity and test t>e point.

Mr. Hislop said he was somewhat taken by surprise by the course adopted. He had been under the impression the accused had been so penitent that he was willing to submit to any settlement. Had he been aware of the turn matters were about to take, he would have opened the case very differently, and pressed for the case to be sent to the higher Court.

Mr. O'Meagher said his client was very sorry for what had occurred, but certain overtures had been made for a compromise to complainant, which were rtfused, consequently, he had to fight the battle as best he could.