RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume III, Issue 623, 2 May 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. V,\ Pahkek, It.JI.; .i!nl A. H. Uatof and H. K. Siißi.Miiii, K-qrs., J.f'.s ] ASSAULTING A COX' T.A. nr.K. Michael Malay and James Poison won charued with having assaulted Coustahb Smith yesterday while in ihe i-xecniion o liis duty. Malay was also charged whl damaging the constable's uniform, valuei ar 1,3 10-. Sub-Inspector Smith prosecuted. Prisoners nl aded Not guilty. Earnest \V«Kjil, cashier in the emplo; of 3Lr. Henderson, gave evidence as fr the two men going info his office and T being compelled to call in :i constable ii consequence of the. prisoners' conduct On returning to the office with the con stable, ho asked the men to leave til office, hut they refused to do so. Th constable also asked them quietly to g. out, but they again refused, Mala; ! turned round and struck Constable Smit! in the face. The other prisoner held th constable round the waist, and Mala; continued to strike the constable in th face. Eventually the two men were go into the street, and witness went fo another constable. To the prisoner Malay : You gave m an order for L 7 14s. when yon came int< the office. I told you I could not cash it. T cave you ns. You asked for the orde back, and I handed it to you. I said could not cash, it until the manager came To Sub-inspector Smith : I gave tin order back to Malay, and he then ref usei to leave the office. Constable Smith deposed to liavin; been called to Mr. Henderson's office yes terday morning by the last witness. H saw the prisoners there, and asked then to go away. They refused to do so. Hi then placed his hand on the prisone Malay, and insisted on his leaving tin office. Malay the struck witness on tin face, and the prisoner Poison held bin round the waist. The prisoner Ma!a; struck him several severe blows on tin face and head. After some difficulty In got the prisoners into the street. Tin marks on hia face were the results of tin blows. His eye was so much injured bj the blows given by the prisoner Mabn that he had to be attended by a niedica man. His jumper was torn in tin struggle. He valued it at L 3 10s. I was Malay who tore the jumper. The prisoner Malay said he had m. questions to ask witness. At this point, the prisoner Poison, ,' Swede, intimated that he did not know what had been said by the witnesses, anc it was decided to adjourn the case for ; short time, in order to obtain the service; of an interpreter. On the case beinj proceeded with, Mr. Peter Nelson explained to the prisoner what had beer stated by the witnesses. Through the interpreter, the prisoner Poison said that he was drunk at the time of the occurrence, and did not remember having touched the constable. He did not know what was meant when lie was told t > )< ave the office. He had only been in the Colony five months. The prisoner Ma'ay said he >vas drunk at the time, and was sorry for what he had done, After some consultation, 'he Bene!; fined the prisoner Malay LlO, with the option of eight weeks' imprisonment and Poison was fined L 5. or to go to gaol r o" four weeks. The B-.-nch also ordered that a portion of the fine should be devoted to compensating the constable for t'ae damage done to his uniform. STRAY HOKSES. David Eeio:i w..s fine 1 7s. 6d. for allowing three Juries to be at lai-ge in the public streets,