RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 632, 15 February 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, Feb. 13th, 1867. (Before H. M'Culioch Esq., R.M.) W. B. Kingswell, S. Morton, T. Cumming, and — Hotchin appeared to answer an information charging them that they did on the Bth current unlawfully assault one Louis Rodgers by striking a horse he was riding thereby causing him to be thrown, &c. Louis Rodgers, the complainant, deposed — On the date named in the information I was riding home from the races when I overtook defendants who were , riding together." Mr Smith, a butcher, pulled out of my pocket a saddle cloth and Mr Kingswell, who was the leader of the gang — (witness here complained of faintness and obtained leave to sit down. Witnesses in the case were ordered to leave the Court) witness continued — Mr Kingswell took off my hat which was tied to my coat. I told him to leave off that it was child's play. They all rode on a few yards when Mr Kingswell said " I will run you a race for drinks," I said " all right, for you and I," as I wanted to get away from the company, which was noisy. We galloped away for a short distance when I pulled in my horse — not wanting to race anybody. This gave the party behind the chance of pulling up to us at M'Clymont's public house. Giving me no chance to get away, Mr Kingswell in front and others behind, edged me in against the door, Mr Kingswell said " you lost the drinks," I said " yes, for you and I." He said " no, for the crowd." I said " never mind, I will shout for you all," ten of them in number. I paid, but Mr Kingswell said " you have to shout for everybody on the road." I would riot pay for more. We left M'Clymont's, and about a quarter of a mile distant Kingswell, Morton, and Hotchin commenced beating my horse ferociously. I sung out — " Stop, for goodness ; I am frightened to ride a bucking horse" — although this one did not buck by habit. They kept on with large heavy riding whips until the horse pitched me clean over his head — bucked me off. I was much shaken, and hurt my leg and sprained my hand. I cried aloud, both, with pain and anger, as I lay by the roadside for a few moments. I then got up and ran, to the best of my knowledge, limping across the road. Cumming was on foot, and rushed to me saying— " Get on the horse." . I said I could not, as my finger was broken, which I thought was the case. He (Cumming) wanted to see the finger, I prayed of him to let me be. He would not, but forcibly and against my will put me on my horse a second time. To the Bench. "He lifted me bodily up." As soon as I was on the horse the attack was. repeated as ferociously as ever — beating my horse with whips. Kingswell, Hotchin, S. Morton and others of the ten, I cannot say exactly as I was half blind with pain and vexation. I was again thrown, how I cannot exactly say. I cried loud for assistance from the drain where I ran for protection from those savages (Mr M'Culioch, " you must not call them by those names you are not here to abuse them.) Kingswell cried out " are you crying you ." I said "I am, you have your fun now I will have it tomorrow." They wanted me to get on the horse again but I declined. I sat down, or lay down in the drain until they departed, when Mr Smith the butcher came to me and wanted me to get on the horse. Witness corrected this statement by saying I was on my horse again riding from the direction of Invercargill when I Mr Smith wanted me to go into town,

which I did, when I found they were far enough away that I could not Bee them more. Cross-examined by Mr Kingswell— Tou (Kingswell) were off your horse at the door of M'Clymont's. I was not excited with drink — never have been since I was in InvercargiU. and never to that excess in my life. I lost my opera glass on the racecourse by its slipping out of the case. Kingswell— How did you fall off, was it not by sticking your spurs in in Billy Barlow style ? Witness— No. Some of your ten men did bring back my horse. Kingswell— Who were they? Witness — I don't know them all, but I have four of them here. (Laughter) I don't know who held the horse, but believe it was James Hannah, the only one who sympathised with me. I believe I went to the gutter once after the second fall, but I could nofc tell exactly because I was so excited as to almost lose my reason — you had so completely frightened me. To the Bench — I had only drunk two glasses— ginger beer and a dash — that day. I cannot tell who brought the horse the second time. Mr Kingswell — You only appear to know what suits your purpose. By defendant Morton — Tou used a whip or a stick. Ido not recollect running into a wheel rut and sticking my head in and saying that I was murdered. The complainant, who conducted his own case with considerable tact explained to the Bench that his first intention was to have taken the matter to a higher court, but for the expence. In speaking of the affair he described the conduct of those engaged as ruffianly — that he had been oyer all the world without having ever seen ten men attack one without ( some taking his part. James Hannah stated that he saw complainant riding along pretty quickly, and his horse ran in amongst the other horses and commenced to kick. The rest of the riders sang out to keep clear. That was between M'Clymont's and town. Witness then saw Mr Rodgers slide off the saddle and lie down on tbe road. He commenced to cry out, and said his finger was broken. ,Mr Kingswell, who was on ahead, brought the horse back again to him and asked him to get on again, but he would not, and lay in the ditch on the side of tbe road. Complainant said he could not ride the horse as his finger was broken. Witness wanted him to get on his horse ; he went to get on his own horse, but said he could not, and Tom Cummings lifted him up. He was not long on before he got off again — he was not thrown — and commenced to cry. The rest of the men went into town excepting Mr Smith, who stayed by him. That was all witness knew of the matter. To Mr M'CuUoch — I saw no one flog his horse. Cummings simply lifted him on his horse without violence, so that he might get to town. I did not hear any bad language. Cross-examined, on oath — I say you slid off the first time ; the next you stuck your spurs into the horse and he bucked. I saw no one strike the horse ; some parties tickled him with a whip or stick. I don't know who it was. Tickling is not striking. I asked you if your finger was broken, and said it was a great shame. Tou jumped off the last time. Tou came to me in Smith's, saying you never saw Englishmen act as they had done. I did not say it was a shameful outrage, but that it was a great shame if they had hurt you. By defendant Kingswell — I thought complainant might have bad a glass of beer, and that his horse kicked because he stuck his spurs into him. Mr J. H. Smith said he saw the complainant as he was riding into town, and seeing something — a saddlecloth — projecting from his pocket, pulled it out in joke saying, " are these your colors ?" Then complainant had a race with Kingswell for drinks, . and lost. I (continued the witness) said mine was gingerbeer. Mr Rodgers appeared annoyed at the thought of ladies seeing him with the party. They were larking and teasing each other. To the Bench — Complainant did not want to go away, so far as I know ; he seemed shocked at ladies seeing him amongst us, as we were so boisterous. He could have got away if he chose to put spurs to his horse. I could have done so, and there was nothing to stop such a man as Mr Rodgers. We went j on shouting and laughing. Witness continued — Mr Rodgers was nervous before we left, saying " what will people think of a. man of my standing going on this way." I said, " what need you care, if you pay your way." When we got to the clover paddocks his horse commenced kicking, and he came off on the near side, crying aloud that he was going to be hurt. Cummings took him by the back of the coat and the seat of the breeches and lifted him on again. He was very excited and nervous. I was. laughing, and wanted him to stick his knees into" the saddle " and care for none of them. At last he got off his horse and got into the drain. Two or three minutes after the rest all left him and I stayed behind. The next I remember he was on his horse going from' town, but I persuaded him to come on, telling him to stick his knees in and have no fear. He put his horse in the stable and went away. I am not sure how he got on his horse the second time. Cross-examined by complainant — Tou ride well enough, but it is not safe for a person not usedto it to ride from races They tickled your horse. Complainant — what do you call tickling — it is usually done with a feather ? (laughter.) It was done with whips or sticks. That was to make the horse lively I suppose. Complainant — " That might do very well for a horse jockey bat not for a gentleman — Witness we were all gentlemen for the matter of that. I took the affair for a bit of fun. I thought you were more afraid for your position than anything else. Complainant — I would not wish to be seen again with such a lot. To witness " I asked you to protect me and I believe you did try a little.

In reply to questions by defendant Kingswell tbe witness stated he did not, remember anybody trying to keep tbe complainant. The latter was very excited and nervous, but was not drunk. His horse was knocking about and kicked tbat of witness' which was lame since. It was a jumbled affair altogether. Defendant Hotchins — The company was not good enough for him, it was his. dignity that was hurt! To the Bench — The tickling was by touching with whips or sticks. Kings - well said complainant was a cur for crying. Geo. Saunders, butcher, gave evidence somewhat similar to that of the* witness Smith, stating that he looked on the matter as a bit of sport, and thought they were all enjoying themselves. B. Ekensteen stated that on the following morning, complainant showed him marks of his horse having been beaten on the rump. . . , This was all the evidence adduced. The defendant Kingswell said he had done nothing to hurt the complainant, but had assisted him more than anybody else. Morton said he was riding a young horse, and could not have beaten the complainant's horse. The . other defendants said nothing. The case was then adjourned until Friday, 15th inst., at 11 o'clock, for the production of other witnesses for the defence.