CABLE NEWS

Patea Mail, 18 March 1882, Page 3

CABLE NEWS

Reuter's Despatches to Patea Daily Mail

This Day.

QUEEN’S VISIT TO CONTINENT. London, 16th.—The Queen has left on a visit to the Continent, and has arrived safely at Mentone.

SMUGGLED JEWELLERY SEIZED. Brisbane, this day.—The Customs officers have seized £SOO worth of jewellery which had been smuggled into this port. WOOL FIRM. London, 15th. —At the wool sale today 9900 bales were catalogued, making a total of 137,900 offered since the commencement of the series. A firm and active demand is again experienced for the lots offered. London, 16th.—Tallow, hides, and breadstuff's unchanged. WOOL—LESS DEMAND. London, 16th.—12,500 bales offered to-day. Demand less, and prices occasionally easier. 6,200 bales withdrawn out of 145,900 offered since opening of these sales. ** Suspects” in Durance. London, 16th. The Government have consented to allow two hours of additional recreation daily to Irish “suspects” confined in prison.

WAVERLEY ASSAULT CASE.

A case which has excited some gossip came before Messrs Kenah and Bridge, J.P.’s, at the Patea R.M. Court yesterday. William Skelly, draper, formerly in business at Patea, summoned Owen M’Kittrick, proprietor of the Central Hotel, for alleged assault and battery. The parlies met at Ballam’s hotel, Waverley, last Saturday, and after warm words, blows were struck, the parties being quickly separated, A riding-whip was used, blood being drawn ; and the affray appears to have been violent while it lasted. M’Kittrick was alleged to have struck the first blow, with the butt-end of a riding whip ; Skelly hitting back in selfdefence. Some attempt had been made to compromise the case. The evidence of only one side was given in Court. Mr Skelly conducted his own case. Mr Barton, who appeared for the defendant, said Mr M’Kittrick had a business engagement on the Waverley race-ground, and could not attend Court that day. The complainant knew that, and had fixed the hearing of the case for race-day with a malicious object. Mr Hamerton, who was retained in the first instance for the complainant, had informed him (Mr Barton) that the case was fixed for this day by Mr Skelly on purpose to inconvenience Mr M’Kittrick.

Mr Skelly : I beg strongly to contradict that statement. It is a lie. Mr Barton : That is what Mr Hamerton said Mr Skelly had stated to him. I ask the Court to adjourn the case, because it Las been fixed for this day with a malicious object. Mr SKelly : I ask you to take the evidence of my witnesses who are here. Mr Barton : I am prepared to go into the box and swear that Mr Hamerton told me what I have told to the Court. The Court decided to hear witnesses, and then adjourn if necessary. The adjournment would be for the defendant’s convenience, and he must pay any expenses caused thereby. D. Ballam, hotel-keeper at Waverley, said : On Saturday last, about four o’clock, Mr McKittrick and Mr Skelly were in my hotel together. Several remarks on both sides were rather tough. I believe McKittrick wanted some money from Skelly. I believe McKittrick struck Skelly on the head with the stock-end of a riding whip, which caused severe bleeding. I stopped the row by separating them. McKittrick was not tipsy, but had had a glass or two of grog. Mr Skelly : Did you consider it a cowardly attack ? Mr Barton : That is leading the witness, and I object to it. Mr Kenah : Did you hear Mr Skelly use any provoking words, or use any threatening action ? ; Mr Bridge : Did you see him strike the blow ?

Witness : No, but I saw him strike other blows. I will not swear who struck the first blow.

By Mr Barton : Provocation might have been given without my knowing it, but I was only four feet from them.

T. Read, saddler, said ; I saw Mr M’Kittrick and Mr Skelly in the hotel last Saturday afternoon. M’Kittrick had his senses about him, but had not his paddy up. I heard him say something to Skelly. I had turned my back when the striking commenced. I heard a scuffle and a stroke, and turning saw both scuffling. Are you aware that M’Kittrick tried to settle the case amicably ? Mr Barton objected to this question. Mr Kenah : I think the question is allowable.

Mr Skelly ; 1 intend to bring that out, Your Worships are not to be bought over,

Witness said he did not hear Mr M’Kittrick desire an amicable settlement.

By Mr Barton: Neither was drunk. They were about both alike in that respect. By the Court: There was some talk about 10s which M’Kittrick said was owing to him by Skelly. Both were coming to high words, and I turned away. J. B. Taylor, blacksmith, Waverley, said: I was at the hotel, within view in the dining room, and saw blows struck in the passage.

Skelly : Was the whip a proper weapon to hit a person with ? Witness : You arc the best judge of that, but I should not think it a proper weapon. I saw Skelly drinking, but he was decidedly not drunk. By Mr Barton ; 1 believe McKittrick struck the first blow, but am not sure. I saw him push Skelly on the side of the face, and Skelly stepped up, and 1 saw the whip drop. I don’t think Skel

could have struck the first blow without my seeing it. I did not hear which gave provocation. I heard no words. The passage was crowded. W. Skelly, complainant, then deposed as follows : I met Mr McKittrick in Ballam’s hotel. Before the altercation commenced, he asked me to drink with him, and that was the first glass I had that day. He was complaining of some beer casks not coming from Dunedin in time. Soon after that he asked me to lend him 10s. Thomas Watson had told me five minutes before that McKittrick had borrowed 10s from him. I asked him chaffingly what he wanted it for. He said he was hard up. I said I would lend it to him in a moment. He said “You don’t mean to lend it to me.” I said I could not understand him. He said I owed him 10s, which I flatly contradicted. He then said, “I’ll knock you down with my whip if you say that.” I said, “If I owe you 10s, why did you not ask me for it when I was in Patea ?” He again threatened to knock me down if I repeated that I did not owe him anything. I said “You simply want to extort money from me.” He then struck me with the but-end of his whip on the brain, and caught me by the whisker. The blow stunned me. As he was raising the whip again I seized him and hit him to keep him off. Mr Ballara and others then seized him, and forced him out of the house. Cross-examined : I did not first strike him.

Mr Barton : I will produce witnesses to prove thatSkelly struck M’Kittrick first; but at any rate it is clear there was enough provocation given to justify a blow, which appears to have been only a push. I submit that complainant’s witnesses, or one of them, contradicts Bkelly’s story, and that no case of assault is made out. I therefore ask you to dismiss the information.

The Justices retired a few minutes, and then said an assault having been committed, they would adjourn the case for the defendant and his witnesses to attend.

Case adjourned till April 14th, when the same Justices will be due to sit again. Mr JSkelly objected to the long adjournment, but was overruled.

CIVIL CASE

North v H. I. Davis was a claim for £7 15s, draperies supplied. Defendant did not appear. Judgment by default, with 11s costs.