RESIDENT MAGISTRATES COURT.

Oamaru Mail, Volume III, Issue 659, 13 June 1878, Page 2

RESIDENT MAGISTRATES COURT.

THIS DAY. (Before T. W. I'aiikkr, Ks«i., U.M.) crxTixc .axi> woU-VIHNG. John O'iJrien wft.-i charged, on remand, with having, on Sunday, the 9th inst., stabbed John O'Oonnell with a poekel-Snb-Inspector Smith 'm \ ;on\ the prisoner was tmdefe'vlco. John O'Connell, a laborer ~_;:-■•.. ■■■: Oainaru, stated that he knew ■> «m' ■ ' and on Sunday, the 9th inst., i'■;.■_> to Costelloe's boarding-house ' <'< ■ It was between 0 and 7 o'clock in the evening, and they went into the kitchen. They had some cross words and some " roughing'' during which accused stabbed him in the neck and under the arm witlt a pocket-knife. There was no one else in the kitchen at the time. Witness cried out that he was stabbed, and Costelloe and some others came in while lie was trying to get the knife from the prisoner. He had to have the wound on the neck dressed by a chemist, but the wound tinder the arm was slight, although the knife went through his coat, waistcoat, and shirt, and penetrated the flesh.

in reply to prisoner, witness said that they were in the Alliance Hotel together, and did not recollect asking accused to go to Costelloe's. When accused was cutting tobacco witness did not recollect saying anything to him. Andrew Costelloe. hoarding-house keeper, deposed : He saw O'Connell and O'Brien together on the i)th inst., be- ! tweeu 7 and 8 o'clock in the evening, in the passage in his house. They were having angry words. They went from the passage to the kitchen. Witness left the house for about half a minute, and when lie returned he heard the prisoner ca.'l out ''Andy, Andy, I'm stabbed." Witness went into the kitchen and saw both of them struggling on the floor, and separated them. He afterwards picked up the knife, and he noticed that the small blade was broken. Both complained of being stabbed, O'Connell showing me his neck, and accused saying he had a cut on his head. Witness saw no blood about accused. They were both under the influence of liquor. Prisoner did not ask the witness any questions. Thomas O'Connell, a laborer, residing in Oamaru, was then called, and said that he knew O'Connell and O'Brien. On the ( .(;.h inst. he saw them in the passage of Costelloe's boarding-house, apparently on good terms.. Witness went, out, and in about a quarter of an hour he returned, and heard Costelloe putting out O'Collnell. He afterwards saw accused, who said he was stabbed. Witness asked him who did it, and he said it was O'Connell. There was some blood on his hair, but not much. Witness found the small blade of pocket-knife on the floor of the kitchen, and gave it to Costelloe. The prisoner said that he had been cutting tobacco, and did not know that he had the knife in his hand at the time of the occurrence. His Worship, having taken a little lime tf> consider the matter, expressed the opinion that the evidence was not sufficient to maintain the charge of wilfully cutting and wounding. The charge was therefore altered to one of common assault, and the accused lined LG, with the alternative of four weeks' imprisonment with hard labour.