RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1949, 3 April 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY, (Before W. Frassr, Esq., R.M.) • " ASSAULT. '" "' Henry Morris was charged with unlawfully assaulting one Alathier Mclu£s" on the 29th instant. Defendant pleaded not guilty. Mr Tyler, for complainant, asked His Worship to deal with the case under the 40th section of the Offences Against the Persons Act, as the assault was of a violent nature. There had been no provocation given by, complainant^ He believed that defendant had some idea of setting up a defence that complainant was drunk at the time, but he was in a position to prove that to.be false. -- His Worship said there had been something said to Mr Stoney about bringing a cross-action. Defendant said he only received the summons last night. -He shouldhavelaid an information against complainant, but could not find his witnesses. Constable Stapleton said defendant had told him he was going to lay an information against Mrs Mclnnes. His Worship decided to hear both cases before giving his decision. , Supposing what he (Mr Tyler) said, to be correct, no punishment could be too severe to the defendant, so that he preferred to hear both sides of the question before coming to a decision. Alathier Mclnnes.—l Bin wife of George Mclnnes. . I live on the.top of theWaio-Karaka. Thehouseisisolated. I came to town on Monday to Mr Binney's house, behind the Court House, Grahamstown. Left there, and went as far as the junction. It t was about one o'clock when we arrived at the junction, to which place I wai accompanied by Mr

Binney^l^l^^^Hothing to drink. I then went ol^^^^ay. When near the City of iSMPn saw defendant, who said, "ga!?& awa' hame ye b ■•"■■ '•■ b——*—— afe.d hide your head !" I askdt him what 1 would hide my head for. then eaugW hold of me with one hand, and struck me on the face with the other. I lost a good deal of blood and came to the ground. The discoloration on my eye is the remains of the bruise he inflicted. My knee is cut, also my arm. I then went home. I saw no on© else present. I wenfc down to Mr Binney's after going home, End saw Mr and Mrs Binney. The only reason I can assign for defendant's conduct is that I used to take milk from him at one time and have since got goats of my own. I also ha<! to speak to Mr Cartwright (his sori-in law) for speaking slightingly of me. By defendant. I did not call you ugly names. I did not demand that you should stop and speak to me. I did not throw stones at you. By Mr Tyler: There were no stones on the pathway I was on. Bridget Porters--1 reside on the Waiotahi^ I saw complainant falling on the road. She fell because she was drunk. When she came up to where J was, I asked her "where she was hurted." She was Heading on the nose. I did not notice her eye blackened. My husband was at work yesterday. I was out yesterday morning in town. Could not say what time it was. My husband comes home at eight. I don't know whether it was one or five hours after my husband came home. It was about a quarter of a mile off that I saw the wonam fall. I saw a woman strike a man, and the mpn strike the woman, when the woman fell. The woman was 'drunk when she came up to where I was. James Binney, miner, deposed—-I saw plaintiff on Monday last. She went through the town with my wife and I. She left us about Mary street.. Complainant was perfectly sober when she left us. Saw her again about three o'clock. She was sober, but appeared quite faint. She was white in the face. She had changed hor dress; I noticed that she had received a, severe blow on the eye, . and. the skm was off her nose.. Jphn Mclnnets—l am a miner, and husbad of complainant. I know defendant. We Have~been"]ieighb"ors for three years Came home about 6'o'clock. Saw my wife.-about^9 o'clock. • -Her face was in a frightful.state.; I was afraid to look at her, she was in such a condition. ■;■ ; This concluded the evidence. Defendant said he was not prepared to go on with his case, as he wished to engage Council, and get his witnesses together. . His Worship- said he would not have heard' the other case if he had known that. He understood that defendant was ' prepared to give evidence, at the conclu-j ' sion of the last'case. Several persons, neighbors of Mrs McInnes, deposed on behalf of defendant, that Mrs Mclnnes was in the habit of abusing people in that locality, spitting at them, and throwing stones. This when • she was drunk. • > His Worship deferred his decision until Tuesday next, when the other case will be heard. The Court adjourned. .