RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1258, 25 January 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

This Day. [Before M. Price, Esq., R.M.] CHARGE OF ASSAULT. James "Snyder” Browne was charged with having unlawfully assaulted Allred Martin on the 20th instant, by repeatedly striking him with a horsewhip. Mr Kenny appeared for the complainant. The defendant was undefended. The information was amended from a horsewhip to an imitation bamboo cane. All witnesses were ordered out of Court. Mr Kenny opened the case, and called Alfred Martin, who stated: I am a carpenter residing in Gisborne. About 8 p.m. on the 20th Instant, I met defendant in the Gladstone road. I was with Mr Thompson. I was coming from town, and he was going the other way. Defendant struck me with a long whip. It was not with the stick produced. He struck me all over, and on the back of my legs. Defendant passed me, and then struck me. Thompson came between us. I got a cut on the arm, J was going for him when Thompson got between us. I said nothing to defendant, who struck me several times. I suppose defendant left off because be had done enough. Cross-examined by defendant: I said nothing to you at the time to provoke you. I never called you a red nosed b . You beat me with a stick.

By the Court: I never gave you any provocation.

Defendant said he admitted the assault. Joseph Griffen called: I am a bootmaker in Gisborne. I saw defendant passing my shop on the 20th instant. Complainant and another man also passed. I was at my shop door. Defendant passed and he turned round and struck Martin with the stick produced. Defendant came back after this and asked complainant if he wanted any more, and defendant struck him again with the broken stick.

Cross-examined by defendant: Defendant and the other man were going one way and you another. Complainant may have said something to you which I could not hear. George Rowley called and stated : I am a carpenter. I know complainant and defendant. About 8 p.m. on Saturday night last defendant was standing at his doorway. Complainant used some abusive language to defendant, who then came out and struck him with the stick produced. Cross-examined by the Defendant: Complainant used very abusive language to you. You went into the shop and got the stick. This was after you shoved Martin.

John Thompson, called : I am a carpenter in Gisborne. On the 20th instant, m the evening, I was with Martin. We were going up from Page’s and defendant was coming towards us. We met defendant. I heard Martin say “ red nose,” and then defendant struck complainant with a whip. It had a lash to it. Defendant struck complainant so often that I could not tell how many times. Complainant said nothing more than “red nose’’ to defendant.

Cross-examined by defendant: After complainant said “ red nose ” you struck him. I did not see you go into your shop. I did not hear defendant call you a “ red nosed b .”

This closed complainant's case. The defendant was then called, and made a long statement as to the insults he had received, and stated that he struck complainant with the stick now in Court. He never carried a whip. Jno. G. Henderson, on the literary staff of the Standard, proved that Martin’s conduct on Friday was such as to provoke a breach of the peace. His language was grossly insulting, he having used most obscene and disgusting language. 8. Stevenson gave similar evidence. Mr James Mackay, jun., proved that both on the Friday and on the Saturday Martin was most insulting and abusive, His Worship said it was a pity that Mr Browne had not taken immediate steps in the matter, and have had Martin bound over to keep the peace. There was no doubt but that the complainant’s conduct had been extremely annoying, but the law that did not justify the assault. Fined os., each party to pay their own costs. Mr Browne s Without any disrespect to the Court, I may say that I never paid away five shillings with greater pleasure.