RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume IX, Issue 1004, 26 November 1881, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

Thursday, November 22nd, 1881. [Before Messrs. J. B. Poynter arid W. Common, J.P.s.] A charge of furious riding against two Maoris was adjourned to give the police opportunity to issue warrants for their apprehension. ALEX. m’kAY AGAINST MRS. DUNN. Adjourned case of assault on complainant’s daughter. Mr. Brassey for the defendant pled not guilty. Mr. M'Dougall appeared for the complainant. Complainant sworn, deposed: I laid the information against defendant. My daughter is about 15 years of age. She is in a weak state of health. I fear that she will be assaulted by the defendant again. By Mr. Brassey: I have never spoken to Mrs. Dunne in my life. I know nothing of the assault further than what my wife and daughter told me of it.

Jane E. McKay sworn, deposed : I am the daughter of the complainant in this case. I know Mrs. Dunn by sight. Witness described the assault, which consisted of a blow of the hand inflicted on her by the defendant. She did not say anything to me before or after the assault. She hit me on my back. I saw her afterwards on the same day, and she said “ I’ll give it to von my lady, yet.”

By Mr. Brassey: I did not say to Mrs. Dunn “ What are you doing here, you wretch ?” I do not know what reason she had for striking me. For the defence Mrs. A. Dunn deposed that she did not strike the girl. She used bad language to me, and told me to go off the allotment, as it was her father’s property. She is constantlv insulting me, and if she can’t do it herself she sends her brothers to do it. The Bench held that there was not sufficient evidence to support the charge of assault, and dismissed the case. 11. m'kAY V. J. GANNON. ASSAULT. Mr. Nolan for complainant, Mr. Brassey for the defence. Plea, not guilty. Henry McKay sworn, deposed : I am editor of the Poverty Bay Herald. I know Mr. John Gannon. I met him about 11 o’clock in the morning of the 23d instant. I noticed him with a whip, and saw the thongs hanging down below his coat tails. He accosted me and said I had published letters in which I had called him a bastard. I replied, and he said, “My name is Gannon, and you have called me a bastard—take that.” He then struck me over the shoulders several times with the whip. By Mr. Brassey: This is a paper published by me from the Herald office.

By the Bench : Defendant struck me after he spoke. The first blow was severe, but the others took no effect. J. Townley deposed to witnessing the assault in question, and generally corroborated the evidence of the complainant. Mr. Brassey would call no evidence, but argued on the point of provocation, and quoted from the Justices of the Peace Act to show that if the Bench hold from the perusal of the letters alluded to, and now before the Court, that a sufficient provocation has been given, or if the assault was of a trivial nature, it would be their duty to dismiss the case. Mr. Brassey read the following extract from the letter in the Herald of the 22nd November, and signed “ Another Catholic — “ And I may state that if one were to look through the marriage registry, or the baptismal registry, I feel pretty confident that the name of Gannon cannot be found.” Mr. Brassey continued at some length in defence of his client, and urged that an irreparable injury had been done to the defendant, which nothing could atone for; and that, under the circumstances, he was quite justified in taking the steps he did. In reply to a question from the Bench, Mr. Brassey said that his client did not enquire of Mr. McKay the name of the writer. The Bench dismissed the case without remark;