RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2570, 3 April 1877, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. GVLawlor and E. W.Puckey,

Esqs., J's.P.)

ASSAULT,

Michael Quinn was charged with unlawfully assaulting one Samuel Hyndman at Shortland on the 30th ult.

Mr Dodd-appeared f for the plaintiff, and Mr Macdonald for the defendant.

Mr Macdonald said that the assault had been committed, he believed, but there had been justification, as the defendant had found Hyndman having improper intercourse with his (defendant's) wife. He thought that when the circumstances causing the assault had been brought into evidence the Bench would see there had been justification. Samuel Hyndman, sworn, deposed—l am a miner. I know the defendant. I saw him last Friday night in his own house. He came in and struck me.over the eye with a stone. I have a daughter, and Quinn's daughter used to sleep with her when I was absent. I-went to look for my daughter on the day in question, and said to Quinn's little girl, " where's Kate ? " meaning my daughter. Mrs Quinn then came in and took off her hat. Some minutes afterwards she went to the door saying, that there was- a noise. I then heard a struggle, and knew that Quinn was there fighting with the woman. I said, " Leave the woman alone." Quinn then rushed in and struck me with a stone over the eye. He then knocked me over on thf< floor, and rushed outside calling out that he had found us in bed together I have never been guilty of improprieties with the woman. I gave no provocation to the defendant at all. The assault was a very brutal assault, and I know of no cause. I utterly deny that there has been any impropriety. I was always welcomed to their house. I have befriended them many a time and they know it.

James Hardman, sworn, deposed—l am a sawyer. I recollect last Friday evening. I saw the plaintiff and the defendant. Defendant threw a stone at Hyndman which hit him on the head and knocked him down. This was outside on the road.

By Mr Macdonald—l do not know what caused the assault. They were both quite sober. Hyndman is a Good Templar. Mr Macdonald said it was a fact that his client was not married to the woman, but they had lived with the greatest propriety for the last two years. The defendant suspecting something had made a demonstration of going to the bush, but had laid in wait near his own house. Finding that his suspicious were well prounded, he went and committed the assault. . Mrs Hagin, sworn, deposed-*-]! have been living with Quinn as his wife for the last two years.; .1 know-. Hyndman. Quinn is working in the bush, and Hyndman has been guilty of improprieties with me. Hyndman supplied me with drink, and then, when under the influence of drink, he took advantage of me. I never invited him in. There was nothing wrong done on Friday night. I never told Quinn anything, and I don't know, what raised his suspicions. Case dismissed. The last witness, on leaving the Court, said provokingly to Hyndman, " That man deserves 12 months. He has separated me from Quinn, who has taken care of me and my children since my proper husband deserted me." Court adjourned, i l-: ■'"■