RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume 2, Issue 106, 26 October 1863, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before M. Price, Esq., II. II.; Friday, 23rd Oct. 1863. John 'Craig appeared on an information charging him with having on the 17th day of ■October last, unlawfully assaulted one William Dawson. Mr Macdonald appeared forthc'complainant, and Mr South for the defendant. William Bawson examined by Mr Macdonald said: — On Saturday the 17th of October last I saw the accu?ed between 1 and 2 o'clock. He accused me of having spread a report that he was to be married to a Mrs Hogue. I said it Was false, but did not call him a liar-; he tried to strike me two or t&ree times ; he struck me on, the left temple ;he had hold of me by the throat; I then went to my house, about 15 yards from the place where I had been struck. Mrs Hogue had hold of my right hand ; we then went into my house — Mrs Hogue, my wife, and myself. I swear that I did not call him a liar, nor did I strike him the first blow I remained still when he approached me ; I swear I did not meet him. Cross-examined by Mr South — I hive sometimes mentioned to him that he was going to be married to Mrs Hogue ; I may have done so on several occasions; I swear I did not call him a liar. I met him at a chemist's shop, and asked him " when the occasion was coining off," he asked me " what occasion-," and I replied "that you and Mrs Hogue are going to be married ;" accused said it would ba a long time before that happened ; I did not call the accused a liar but told him "it was a lie and that it was false." I have known him for the last 12 months, have generally been good friends, and the last time we met we drank together. Edward Robinson examinel by Mr Macdonald deposed as follows— l am servant to Mrs Hogue; I remember the 17th of October last. I was with John Craig at defendant's house on Jthat day ; Mrs Hogue and complainant were conversing together, when he turned round and I heard him call Craig a liar ; the accused was then getting off his horse, and said " If you call me a liar again I will knock you down" They th<. n rushed at each othe. 1 , and complainant pulled the accused through the fence ; they scuffled, but did not fight like men. Cross-examined by Mr South — It was Dawson, the complainant, who struck the first blow. Accused told him if he called him a liar he would knock him down ; they met each other and scuffled. I swear I beard Dawson call Craig a liar, and that he struck the first blow $ it was a general scuffle ; Mrs Dawson had Craig by the hair; there was also Mrs Hogue, Dawson's children all helping in the affray. Mr Macdonald asleJ the witness what position Dawson and the accused were in before they met each other. Mr South objected to this, it was fresh matter, and he was not entitled to ask the question except through the Court. The Bench held good the objection and it was put by the Court. In answer to the question the witness said that Dawson was inside his fence and Craig out, that Dawson laid hold of Craig and pulled him in-side. Mr South, for the defence, contended that inasmuch as it had been proved that the complainant struck the first blow, and not his client, that in fact' his client was the injured party, and not Dawson ; on this point the whole case rested, and he felt certain that the Couit could not but dismiss the case. His Worship said it seemed to him to be a general quarrel, and that he certainly had no reason to doubt the evidence of Robinson who distinctly swore that he saw the first blow struck by Dawson j therefore, under these circumstances, he would dismiss the case with costs. F. M. Dawson Junr., v. Craig. — This case, which was also for an asault, was withdrawn. Saturday, 24th Oct. There was no business before the Court. j