RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 526, 8 January 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. I'arkkk, Ksq., 11.11.) ASSAt'LT. James Cnrnow and William Curnow, both of whom appeared in the box with their heads bandaged up, and several marks about their faces, were charged with having, at Boundary Creek yesterday, assaulted Henry Sehluter, landlord of the Boundary Qre.elc Hotel. The prisoners pleaded Not guilty. Mr. Baimer appeared for the complainant. Henry Schlnter, hotel-keeper at Boundary Creek, deposed that, yesterday, about 3 o'clock, the prisoners came in a dray to his place. "William Curnow got out and asked prosecutor to give him a glass of ale, but not to give his mate any, as he had too much. He then went out, and both the prisoners came in with the driver. James Curnow asked for a pint of ale, but prosecutor would not give it to him, as he had too much alrsady. He drew him a glass and set it down. The accused, James Curnow, refused to drink it, and prosecutor offered to return him his money. Accused, however, took the glass of beer, and drank it. The two men then commenced to abuse him. Prosecutor then ordered them to leave the house. Wm. Curnow said he would do so when he liked, and continued to abuse prosecutor ; who then pushed him to the door. He then challenged prosecutor out to fight, but he replied that it did not suit him to fight every blackguard that came along the road. W 7 m. Curnow then struck him, and both the men then set on him, and forced him to the back of his counter. Prosecutor then took up a stick to defend him. but both prisoners caught hold of it. In the scuffle they got him down. He managed to get up and obtain possession of the stick, with which he dealt William a blow over the head. . His mate then picked up a stone and threw it at cutor, but he managed to avoid it, and the stone flew into the beer and struck a

pewter pot and smashed it. Prosecutor then dealt James Curnow a blow on the head with the stick. Prosecutor then ran round the house and obtained help, a man whom he did not know coming to his assistance, and giving one of the men a blow. Others then came to the scene of the row, and witness went inside, and shut his house. The prisoners then threw stones through tho windows, one of which struck him on the elbow, bruising and cutting it. He had previously received several blows on the head and a kick on tho leg. There was no one present at the time the row started who could help him. Tho driver of the day had previously driven on. To the prisoner: He did not strike either of them until after going outside. He did not strike the prisoner James Curnow until lie had thrown the stone. He saw no knife used. Ho thought he was justified in using the stick. He had not used any knife, and did not believe one had been used. Mrs. Ann Hartley gave evidence of a corroborative nature. Anthony Rodgers, brewer, deposed to having been at the Boundary Creek Hotel yesterday afternoon. Ho was returning from the garden with Mrs. Schluter when they heard screams. He ran to tho house, and saw that a light had apparently taken place. He endeavoured to restore order and persuade the prisoners to desist. They threw stones at the house. He sawone of tho prisoners again, attack Schluter, and then both fell to the ground. He caught hold of the man and pulled him away, while a m>\n in his employ tackled the other prisoner. They then went so.me distance away, and Turner threw a stone through the window. To the prisoners : Both of them appeared to be considerably wounded, and their heads seemed to be bleeding. He did not notice anyone use a knife, and did not think one had been used. William Logan, in the employ of last witness, gave evidence as to having been called upon to assist Mr. Schluter, and to having ridden into town for a policeman. The prisoner James Curnow made a statement to the eti'ect that ho was drunk at the time, and had been provoked into throwing stones by seeing his brother bleeding from the effects of the blow inflicted by the prosecutor. ISuth of them had received tho worst of the a Hair. Lie was sorry for what had occurred, and threw himself upon the mercy of tho Court. His Worship having uommented upon the conduct of the prisoners, Mr. hnlmer stated that Mr. Schluter had instructed him to say that ho did not wish to press for a heavy penalty. Both the men had sntVor-od severely, and Mr. Schluter had merely brought the matter in-fore the Court in order to show others that they should not act in a similar manner. His Worship, after taking some little time to consider tho matter, sentenced tne prisoners io 21 days' imprisonment each, with hard labour. WILI-TI.LY IMMAOINU I'llOT'liltTY. James Curnow was also charged with wilfully and maliciously breaking a pane of glass and a, pewter pot the property of Henry S.ehluier. Mr. Baltner stated that the complainant would not proceed with j this case.