RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2596, 3 May 1877, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before H. C. Lawlor and <T. Kilgour, Esqj., J's.P.) ■ ■ DRUNKENNESS.

Thomas Catran was charged with being drunk and incapable in Albert street, Grahamstown, on the 2nd inst.

No appearance of defendant. Bail forfeited.

ASSAULT,

John F. Day was charged with unlawfully assaulting Robert Gr. Macky on the 28th nit.

Defendant pleaded not guilty. Mr Miller for plaintiff, and Mr Dodd for defendant.

Mr Miller stated fhe cose to the Court. He said the plaintiff had been assaulted while walking down Pollen street by defendant without any provocation. Gr. Macky, sworn, deposed— lam a clerk residing in Shortland. I know the- defendant. I have not spoken to defendant since September last. On last Saturday evening between 8 and 9 o'clock I was going down Pollen street with three others. When down by Mr Leydon's I was knocked down from behind ; I did not^then knowwho,struck the blow. When I got up I was seized by defendant. A large break in one of the knees of my trousers was caused by the fall. (Trousers produced ) Uy Mr Dodd—l have not spoken to defendant since last September. I have

no idea why he knocked me down. I married defendant's sister. Mr Miller objected to this evidence being elicited.

Mr Dodd contended that he was right in doin«; so. He might prove that there w.as justification. The Bench decided in favor of Mr Dodd's questions. Cross-examination continued —I left the house in which I formerly lived, and went to live with niy. father. I took my wife there also, and my furniture. I went away, and afterwards my wife went to her father's house. Mrs Macky was near her confinement at that time.

Mr Miller here again-objected to this sort of interrogation.

Examination continued—l did not see her. during her illness. I have not supported my wife. My knees were bruised, and 1 was for a short time stunned. I don't know how long. Messrs Hunter, Johnson and Day were present at the time of the assault. _

By Mr Miller—l was walking quietly down the street at the time of the attack. I do not know whether it was with the hand or not that I. was struck.

, Allen Johnson, sworn, deposed—l was in Pollen street last Saturday night. I was with the plaintiff and two others. Plaintiff, was knocked down. Macky and I)ay then fell down together. There was no dispute of any kind. By Mr Dodd—l do not think the whole affair occupied more than a few minutes. Scott Hunter, sworn, deposed—l was in Pollen street last Saturday evening in company with Johnson and Macky. Near Mr Leydon's the assault took place. The first thing I heard was a rush and then a sprawling on the footpath. I endeavored to prevent any more quarrelling between Mr Day and Mr Macky. I talked to Mr Day wittha view to prevent any further quarrelling. *By the J3ench—l heard no words J uttered between the parties. I By Mr Miller—l was between Messrs Day and Macky. I did not want to see a row in the public street.- : ./ By Mr Dodd—l could not say if he was stunned. The .whole affair took only a few minutes, . '

C. F. Wittard, sworn, deposed—l was in company with Messrs Macky and others on Saturday night last. I he-rd a rush, and saw Mr Macky on the ground. He was up again in a minute or two. Mr Dodd addressed the Court. He said plaintiff had without any provocation broken up his home, and had gone to the Tamaki on a farm. He had dared his wife to go near her father's house. Mr Miller here objected again. He said these facts had nothing to do with the c-se. Mr Dodd continued—Macky told his wife that if she Went to her father's house they would be parted for ever. During h;s wife's illness Macky never visited his wife, nor had he done so at the death of the child. Plaintiff had naturally been enraged "at this conduct towards his sister, and at the time of the alleged assault, Mr Day had merely taken hold of the back of Mr Macky with a view of turning him round, and they both fell down. He said he was compelled to say the assertion that the plaintiff had been stunned was a gross untruth. He might say that on the Sunday morning the defendant had .written an apology to Mr Macky, and he contended that the plaintiff had not premeditated the assault.

John F. Day, sworn, deposed—l am a dispensing chemist. I recollect last Saturday night. I ran after Mr Macky, caught hold of him, and threw him down. My action was caused through a family feud. We both fell at once.

By Mr Miller—l ran after plaintiff to assault him. After Mr Macky got up I would have been at him again, but I was stopped. / This concluded the evidence. Fined 10s, and costs £3 7s 6d, or three days'imprisonment. . Court adjourned. -