RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2600, 8 May 1877, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before H. Goldsmith and E. W. Puckey, Esqs., J's.P.) „ \ 7 . '7. DBUNKENNESS.' . '77

James Johnson was charged with being drunk and incapable in Williamson street, Grahamstown, on the fth inst. „

Defendant, who was on bail, failed to appear, and his bail was forfeited.

BfiEACH OF THE PEACE

Joseph Haughton was.charged that he did behave in such a manner in a public place, whereby a breach of the peace was occasioned, on the 7th.inst.

Defendant pleaded guilty. Mr Bullen said the defendant had struck another man a severe blow, thereby causing insensibility. Both the men it was believed were drunk at the time. He couldnot say, if the defendant had intended any harm or not.

Discharged with a caution : :-■ '■■'■■ 7 '•■ ABSAULT. '

John G. Powell was charged that he did unlawfully assault one Wm. Southgate on the 3rd inst. ■Defendant pleaded not guilty. Mr Dodd appeared for complainant.

'William Soutbgate, sworn, deposed— lam a waterman. I recollect the 3rd irist. I know the defendant. I went to his hotel on that date. He ordered me out. He said if I did not go he would sliug me out. Defendant struck me on the eye, causing the contusion. (Complainant's right eye had a swollen and bruised" appearance.) I; gave him no provocation. Mis Powell told her husband not to touch me. '

By defendant-I/am sure you struck me. You also kicked me. The black eye I have is the effect of the blow you struck me. : -;'- ■ ' ■:■-'-.. .■■■■'• .■'''■- '"■■■■■■

Win. Bowe, sworn, deposed—'■l recollect the 3rd inst. I was at Powell's hotel. I saw the defendant putting complainant out. Defendant took hold of complainant and they both fell on to the ground..; Mr Powell only said to com-; plpnant: " You.. are always - loafing here."

John G. Powell deposed—When complainant came to my hotel he asked for a drink. I refused to give him any as I considered he had had enough. I told

him he had better go home. He said he wouldn't go, and dared me to make him leave my premises. I then told him he mu|t go, and took hoid of him to put him out. We both fell, and Ido not know how he met with the bruise on his eye if it was not through the fall. I never struck him, nor did I kick him.

Mr Dodd said from the evidence adduced there was nothing to prove that hjg.i'clicnt was drunk at the time of the assault. If ■'■•nothing more had occurred the mere catching hold of complainant constituted an assault.

The Bench said it appeared that too much violence had been resorted to by defendant, they would therefore inflict a light penalty, though the costs would be rather heavy.> Find ss, and costs £2 ss, or the alternative of three days' imprisonment.