RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VI, Issue 1791, 29 September 1874, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before W. Fbaseb, Esq., 8.M.)

DRUNKENNESS,

Thomas Dougherty was brought up on remand charged with having been drunk and incapable, in Bichmond-street, Shortland, on the 27th instant. ? Eefendantfwas brought up yesterday, but being then under the influence of liquor, wa« sent to the cello again till this morning. He pleaded guilty, and was fined 10s, or 24 hours'imprisonment.

ALLEGED ASSAULT.

Eire (a native) was charged i with that he did unlawfully and violently assault one Nathaniel Weston by kicking him on the head.

This case arose out of. another, assault case which was heard some time ago inthis Court. Some three months ago a general fight between Maories peam occurred in the Melboume^Sotel. The Police interfered, and were set upon by thenatires and assaulted. The present prosecutor went to the assistance of the police, and was most brutally assaulted by defendant; who made expeditious retirement, and the police' hare only just secured him. Mr. W. H. Grace was sworn as interpreter. On being asked whether he was guiltj, defendant said he did. not know.

Mr. JDodd appeared for the prosecution. Nathaniel' Weston deposed—That he resided in ; Shortland. recollected the 13th of May last, and a disturbance which to6k place at the Melbourne Hotel on that/day. He saw defendant there. (At JJbis stage all witnesses in the case wece ordered to leave the Court.) Saw Constable Madill there, who' was arrest* -

ing defendant. Defendant struck him, also the landlord, and ran up and down the bar. Other natives were there, but did not interfere. Constable Madill did not ask, witness to help, but simply looked round, and he and Mr. Knight went to tho assistance of Madill. A boy named Smith was there. Defendant did not touch him (witness) that time, but afterwards kicked him when he was down, and then ran away. Witness did not interfere with defendant in any way, but simply was assisting the constable in the execution of his duty. Would not sware defendant was the Maori, but had seen him at the time of the assault in the same Jlace where lie got the kick from. Had nown him before that time—had not ■een him since.

George Smith was called, and deposed —That he was present at the row referred to. Saw Weston there, and saw defenr dant kick him (We3ton). Weston was down on the ground when he was kicked. Weston was pulled down by another native, but was kicked by the defendant —he kicked him on the head. There was no doript of defendant being the man. Constable Marcus Madill deposed-^ That he recollected the 13th of May last. Weston came for witness to the station; Saw Smith at the Melbourne Hotel. Witness was arresting a native, who resisted him. Weston attempted to help witness, and got kicked. Witness saw him, knocked down, and saw the wound afterwards. There were many natives present. '_ Defendant declined to examine any of the witnesses.

In answer to His Worship defendant said he could not recollect the kicking. He was in town at the time, but had been drunk. .

His Worship instructed Mr. Grace to inform the defendant, that it appeared from the charge-sheet that he had been frequently convicted of being drunk. Drunkenness was no excuse for the offe»ce. There could be no doubt from the evidence that it was defendant who kicked the man on th» head while he was down. The Court might be inclined to look with some leniency upon a man who went to assist his own countrymen by using the ordinary means of striking, but to kick a man when he is on the floor was looked upon by all Europeans as an abominable proceeding. The offence was of such a nature that a fine would not be a proper punishment for defendant, and under the circumstances he must go to gaol for two months with hard labor. The Court then adjourned.