MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 357, 15 June 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parker, Esq., H.M.) CUTTING AND WOUNDING. Jas. Thomson was charged with having, on the 14fch instant, unlawfully cut and wounded William Waddell on the right cheek with a knife. The accused said that the affair was purely accidental. Sub-Inspector Smith conducted the prosecution. William Waddell deposed that he was a seaman on board the brig Wave, at present laying in port. He knew the accused, who was also a seaman on board the Wave. They had been shipmates for about three months. Witness was drawing water over the side of the vessel about half-past 11 yesterday morning, and the accused was working on deck. Some dispute arose as to who was to blame for the draw-bucket being lost overboard during the letting go of the steamer Samson's headline, which was fastened to the Wave. After some arguing about the matter, the accused knocked witness down, and kicked him. On getting up, the accused, who had a large knife in his hand, again struck witness. As soon as he was struck, witness felt that he had been cut, and the blood commenced to flow freely. The mate and the cook were on deck when the accused struck him. The accused came up to him an:l said, "I have cut you with the knife —I did not know I had the knife in my hand." He (witness) afterwards went to Dr. Fleming, who sewed up the wound. Prisoner and witness had always been quarrelling, but he (witness) believed that the accused had cut him accidentally. In reply to accused, witness stated that he did not see anything else in accused's hand. He believed that the cut was accidental. To his Worship : The accused had struck him (witness) before, several times, with various articles—sometimes with the handle of the same knife ; but had never before wounded him. Dr. Fleming stated that yesterday afternoon he dressed a wound in the last witness' face. It was an incised wound, extending from about half-way from the car to the nose, cutting through the side of the nose and septum. The wound was of considerable depth, but he could not state its exact depth. The wound had been inflicted by some sharp instrument. The blow must have been a very hard one to have inflicted the wound with the knife.

To the Bench : Although there was not any immediate danger from the wound, still, if Waddell pursued his usual avocation as a sailor, he would run considerable risk, owing to being exposed to the changes of the weather. There would always be a scar on Waddell's £ace. William Andrew Smitn, mate of the brig Wave, stated that after the prosecutor and accused had had some words, he (witness) saw the accused strike Waddell on the face. He then saw blood flowing from Waddell, but thought it was from his nose. Someone then sang out the boy was cut. He then went forward to Waddell, and found that he had a cut on the right cheek. H then told the boy to go to the doctor. He did not think that there was any very ill-feeling between the boy and accused. He did not know whether Waddell had annoyed the accused on the occasion in question, but he knew that he was generally very annoying. In reply to the accused, witness said that he had told accused to throw something at the boy's head if he gave any trouble, but accused replied that it was ill-treating him unless he gave cheek. He (witness) believed that the wound was given accidentally, and did not think accused would strike anyone with a knife intentionally. The prosecutor had very often done things calculated to aggravate him (witness). To the Bench : Prisoner's conduct towards the other men on board was middling ; it was not good or bad. Richard White, a "lumper" on board the brig Wave, deposed that he, yester-

day, saw the prisoner give Waddell a blowon the side of the head with his left hand, in which he had a pannikin and the knife produced. In striking the boy the knifecaught his ckeek, witness believed accidentally. When lie (witness) told the prisoner that he cut the boy, he s;iicl lie had not. On the boy turning round he (prisoner) saw the cut. He asked the boy to let him look at it, but the boy refused to let him see it. Prisoner also offered to tie up the wound with a handkerchief, but the boy would not allow him to do so. Prisoner expressed his regret at the occurrence. This was the case for the prosecution. The accused expressed his regret at the occurrence. His Worship pointed out that the offence was one for which the accused was liable to three years' imprisonment. While willing to give the accused the benefit of the doubt as to the knife bein<' used accidentally, he pointed out that he had committed an assault, and that in doing so he had seriously injured the boy Waddell. He would impose a line of L 6, and would make an order for the payment of half of the money to the boy. Accused would also have to pay 10s. witness' expenses. In default of payment, accused to be imprisoned for two months.

I CIVIL CASES. F. H. Townsekd v. W. J. Williams axd J. Mo yinham—Claim, L2O 3s. Id.— Judgment by default for amount claimed and costs. F. H. ToWNSEND V. JOHJJ" JOHNSTON Claim, LlO, balance due on a dishonoured acceptance. Judgment by default for amount claimed and costs. George Greenfield v. GeorgeKelly Claim, L 3 4s. 6d.—Judgment by default for Amount claimed and costs.