RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1904, 9 February 1875, Page 2

RESIDENT MAGISTRATE'S COURT

, THIS DAT.. ..rjA-^v (Before W. Fbaseb, Esq., R.lf.) ' ' DKUNKENNESS. .George Green was charged with baring been drunk and disorderly in Willoughby street, Shortland, on the Bth,insL 'Defendant was on bail,' and did '.ridfc.' appear when called. Bail forfeited ;\Y % FUBIOTTS IIDIICG. r t ' *> P. Norbett was charged with haying committed a breach of Bye-law No. 3 by furiously 5- riding a horte in Grey street, l Shortland, t>n the oth inst. Defendant pleaded guilty, and was fined 20s and costs. " * '• '" ASSAULTINQ WITH- i^ cBtF^E. John McLeod ,wa,8 s charged with, that he did, unlawfully assault 'orie!:|bhn Corbett^by striding him on the head and face with a rifle, on thtt'22tid of January, 1875. . . ,;; . This case was adjourned frem the 26th instant. 'v J ' ' ! Defendant pleaded'not guilty.

Mr Tyler, for complainant, stated the circumstances of"the case, from which it appeared, that there had been an altercation between the parties about a;'iiifle, when defendant committed an assault 1 upon complainant with his rifle, knocking him, senseless. He was now suffering from the blow.' ■- * J John Corbett, complainant deposed— That he was a volunteer. Knew defendant who was also-a-volunteer, in the same company. <Pn the^J2nd oflistnnonth he and defendant were out at the Butts practising, and oncoming back thej had an altercation. ' At ttie 'butts, defendant commenced to abuse him for giving a rifle away that was his. On coming from the range witness asked defendant why had he abused him before strangers, and asked him to apologise. ' He refused, and then said he would fight witness in a fortnight. Witness told him he had better do it now. After that tie.turned round, and was struck from behind which knocked him down. He remembered nothing afterwards, but had an indistinct remembrance of struggling. No one was near. There.-were some persons at the 'range. He went to "tee 2$ Pi^ni and then went home.. „He still auffer&Vlrom the jblow. >'* x * ' ' 1- - if By Mr Macdonald—l was not squaring up before defendant' straclc me. VVhen coming ..from the, range, I may r Jbare called him aside to have it out. I wanted him to apologise- for .his conduct on, the , range. I think I was laying < my' rifle down when he struck me. ? I think, I laid it down for a natural-purpose. I was not in a good temper. \ I know Alex Camp* bell, I had a difference with defendant in his presence. Campbell told me to take no notice of McLeod. I was taking no notice of him in fact. I did not call him A liar. I did not hear Campbell say to me, " Let tho man alone, and don't "spoil his shooting." The assanlt took place after we came off the platform. Mr Tyler re-examined thCwjtness. f/ John McKee deposejl-f-Tfiav he was a volunteer. Was out yat we Butts on the 22nd of last month.., Saw, complainant and defendant there. Saw them in a paddock from, a "distance. Both, were standing up. * Corbett was 'half-face on. His hands were down.' JSaw no "shaping." „ He then saw McLeod strike Cdrbett with a rifle, and the latter fell on his face to the ground. ; Witness went down, and caught hold of Corbett to lift him. Corbctt got up ; «nd stafflfß^ed ;t\»^a bit. He was bleeding'from the liead. ''After staggering about. Corbett started to fight. McLeod picked'up Corbett's hat from the ground and put it on the top of, his own hat. — r*"^ •»«-•*« Henry Kemp depo««dto seeing Corbett on the ground; but did toot see the Wow. Corbett tried to getrup, and fell down again;" He was ble«{Hnf .; ; Mcteod said nothing and did r»c*>4<*empt to assist Corbett; whose hat h«d upon his Lead on to^of f hii owjiiiat. -"\ ,\

By Mr Macdonald— They had a bit of a fieht after. We persuaded tbom to leav#vff, and got Corbett away. Corbett warili'to vfiffht afterwards. ! OMrgc Dennis said he was present at , Pafawai Butts. He did not see the assault. He saw Corbctfc get up from the ground. He tried to pull his coat off. This concluded the evidence for the complaint. \ Mr Macdonald addressed the Court to show that there were circumstances connected with the case which -might make the assDult, if not justifiable, at least excusable. In the first place he totally repudiated the statement that defendant had struck complainant while he was in a recumbent position. The blow was given on an attack made by complainant. Unfortunately they had no evidence • of the time at which the assault actually took place, but the facts were that defendant had been warding off a blow being struck at ljim ]by complainant, and; th* rifle had fallen. As to the evidence of McKee there was no reliance to be placed upon what.he could see from such a distance with half a dozen men in front of him. Mr Macdonald continued his argument to show that there had been a rancourous feeling on the/part of complainant. His Worship said be wished Mr Macdonald to make a statement to remove the bad impressionnipon his (His Worship s) mind with regard to the assault. He was very .much annoyed that a thing of this kind had taken place among the Voiun- ■ leer's: \s Volunteers they were placed in an honorable position, and ought to conduct themselves not only as men but gentlemen. Ho felt every disposition to take a favorable view of the circumstances of defendants's case, but he could not get over the ugly appearance ot the, case. - ■;■;: -■■• ;•-.. ■ .;•. ;,,■■'.■■■-, ■■• „ , Mr Macdonald continued to argue that the blow, however delivered, was occa-> sioned by some action on the part of?.eomplainant, antf" this- fact precluded the possibility of an assumption that it was a cold-blooded and premeditated assault on. 4he part of defendant. He, MrMacdonaid, OPly wished to remove the stigma, that would attach to defendant were such an impression to gain ground. v His Worship said he did not wish at the moment they were entertaining the Volunteers .of other parts of the Colony to impose the' disgrace upon aefendanfc of sending him to prison. His sympa-• fhies were with defendant, but he did not know whether'he would be justified m letting him off with a fine.. . ... Defendant made a statement, from which it was gathered that complainant had given him great provocation,, had called: him a highland b-^-~, arid:, was attempting to strike him when in warding off tM blow defendant's rifle struck him. He was very sorry for what he haddone. His Worship asked defendant how Corbitt's.hat g->t to be onhis. jiead. , He looked upon that as a bad feature in the ease, as though defendant had by ( this means given expression to his triumph over Corbett. ■, ,-. ■ - 1 ■. vh, ■ Defendant said their hats were both alike and perhaps he put it on thinking it was his own. He wes very confused at the time. ■ . ■ _ ' His Worship said he could make ; allowances for the defendant's hastiness, If Scotchmen erred ..."in, anything par^, ticularlyit was in their impulsiveness. He could picture tfce scene perfectly, well; and tnou&h he felt he was notMoing, his duty to the public, he would take upon himself the responsibility of letting defendant off with a fine of £5 and costs. The Court'adjourned.