RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2914, 18 June 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before A. J. Allom a-jd H. Goldsmith, Esqs., J's.P.) ' LUNACY.

Hugo Ullmann. wai caarged on suspicion of being of unsound mind. Mr Bulbn said that the person before the Court had been arrested on suspicion of lunacy ca Wednesday./ Since then Dr O'Flaberly had given a certificate that he was now fit to go at large. He wou'd ask the Court to t"soharge him. Discharged accordingly. _:.-.. , D.S.UNKENMEBS." •., ; , One individual was .punished in the usual manner for drunkenness. ASSAULT. Andrew McLaughlin was charged with unlawfully assaulting one ißobert Wilson. ■•* Mr Miller appeared.for the defendant, and pleaded not guilty. Mr Brassey appeared for the complainant." All witnesses were ordered out of Court, and Mr Brassey then stated the case. . ■ \ Robert Wilson, the informant; who appeared in Court with his head bandaged, sworn, deposed—l am employed at the Queen of Eeauly mine, and left the shaft on Friday last at, about 4 o'clock, with a billy which did rot belong to me. I arrived at my- own house, situated ICO yards fiom the Piako. shaft. I took Mclaughlin's can by mistake, and I had bren hardly in a minute when McLaughlin came in o my house, and struck me, knockyog me into the fireplace. He did riot say a word. He struck me with bis fist, but I can't say where. I think it was on my breast. When I fell back I knocked down l piece of chain and a crook which I used »to h: )g my billy can on the fire with. Defeudant picked up the crook and "jobbed 1* it in my face several times. The marks now on my face were caused by the blows. I also cut my head against a stone while 'ailing back. There was » i one in at the time, and I lest my senses thvou^h Ihe blow, nr-d lost a great deal of blood! I didi't recover my senses prope\ly till I found myself at the hospital and the doc-'or stitching my eye. I gaye him no provocation except taking his billy by accident, and I never had a word with defendant in my life;, By Mr Mille. -I was going on shift. McLaughlin did not accuse me of taking his billy before I left the mine. I said to one of my mates t.iat I lost my billy, but I don't remember speaking to McLaughlia about a billy. I went to go on shut, but work'was stopped, and I went home a.%<*in., I cannot j tell whose billy it~ was I took away. I found but it was not mine when I got home. Mr McL .ughlin came in, took the billy and then struck me without saying a word. When he struck me I fell backward and cut my head. lam not sure where he hit me first. I cannot remember anything I said. McLaughlin did not accuse me of stealing his billy when he came in, nor did I si-riko first. Thomas Aitken, sworn, deposrd—l am dispenser to the Thames Hospital. I recol! ct the man Wilson being brought to fthe Hospital ori Friday last. He was terribly haaued about the face, and unconscious wnen he came in. On the side of the nose was a very deep cut with ragged end, which took five stitches to hold it together. The crook'produced might have made the cut. There were also wounds on the top of his hend, and on the cheek. The wound en the head was a clear cut. He did not recover, consciousness till after the wounds were dressed. The blow looked as if it had been struck upwards. The wound might have bean doae by a violent fall on a rough stone. The wound on the back of the head would have been qajused by a very sharp stone. '• George Gardiner sworn, deposed—l am a miner residing in Broad street. I recollect Friday afternoon last. I was about 35 feet from Wilson's house and heard a disturbance, and saw Wilson come out of his whare with his face covered with blood on tbe right hand side. McLaughlin had come out of the whare about a minute before as if he was trying to get away. Wilson ran after him and caught him by the coat, and McLiughhn struck him a back-handed blew, knocking him down. This took place about 10 yards from the whare. Wilson lay there till a man ramed Bead picked him up. A man named Dudley said to defendant, " A ndrew, you should go for a doctor," Defendant said, " He can go to -—." I did not see any provocation on the parfc of Wilson. .-."> / „ By Mr Miller—l was 80 or 40 feet away, inside my ctrn fecce. The fence is about three feet high. ,1 don't know if Wilson was drunk or sober. When Head picked Wii.?on up he (Wilson) walked away. I did not louk at McLaufchlin's face. Several men were nearer the whara tlnn me. Dudley was one of the men. William Samson.alad, sworn,deposed— lam employed at the Queen of Beauty battery. 1 recollect seeing the defendant and Wilson at Wilson's house, on Friday last. I heard a row and walked up to the house. I saw Dudley holding McLau«hlin. McLaughlin had a scratch under his eye, and Wilson's face wa3 covered with blood. This was inside the house. Dudley told McLaughlin to go outside. There was another man in the house besides those three. McLaughlin went out and W'ison

followed him, vrhen McLaughlin struck WiLou pad knocked him down. There was not much blood on his face before he came oa t, bat at'tcr he fell he had more on his faco. Wilson was getting up when Mr E',ead help-1 him to get up. I don't know if Wilson was senseless.

By Mr Miller—l didn't see Mclnlyre at the door, nor did 1 notice him during the disturbance. Wlisoa was in a great passion, ahcl Dudley was holding him to keep from getting at Mr McLaughlin. Dudley let him go when defendant was outside the house, and Wilson followed McLaughlin. I heard Wilson call Dudley a mean man, because he would not let him get at McLaughlin. McLaughlin stepped to one side to avoid Wilson. W. D. Read, sworn,.deposed—I am a storekeeper residing in Campbell street. On Friday la st some youngsters told me that there were two men fighting iv the house, and subsequently I; heard that a N man was lyiiag dead. I went over towards Wilso.-i's, and saw Wilion lying with blcod oo.iing out of a hole in his face. McLaughlin was standing at a distance, and I asked who did this. I took Wilson to some water and got him washed, and theu took him to hia. house. He went by himself to the Hospital. He did not tell me bow it was dono. There were a number of stones where he wps lying. By Mr MiHer —I recommended him to go to a doctor. I thought the man wc^r < drunk.

* Detective Bre.nnan deposed to seeing blood on the floor 1 of the house of Wilson, on the J4fch, after the affray. On his visiting the hospital be found Wilson there looking quite unconscious. This concluded; the case for the plaintiff. ■ ' - Andrew McLaug'hlin, sworn, deposed —I am the defendant in this action. • On the day in question, I catre up from work with my bilJy and co&t, which I laid down at the engine house. door, and went to wash my face. While doing this I noticed Wilson pick up my billy and attempt to walk away with it. I called alter him, what lie wav going to do with that, and he said, " Oh, I lost one, and I must get one." I said, " You'd better look closely at that, and see if it is yours." He turned it over, and said, " No, that is not mine." I told him not to meddle with it any move. I then went into the changing room to change, and when I came out.the billy was goue, and I suspected this man of stealing it. The blacksmith showed me where he lived, and I went over.* I saw he Was inside, and my billy was on his table. I said he had stolen my billy, and he said he had lost one, and meant to have one. I said," "You're a mean man to steal another one's properly, and I've a good notion to giro you in charge." He sprang round and said —"Call me a mean man, do you," and struck mo a violent kick and a blow. He then struck several blows before I could save myself. I made a blow at random, and struck him, and we both fell into the fireplace. He caught a hold of me by the whiskers, and I was struggling'to get free when two men—Dudley and McIn tyre—came in. They separated us and I went outside and he followed me calling out for me to fight him, and was making blows at me. I did not stop but kept walking on till I saw him about to strike a violent blow at me, when I put back my hand and struck him. ffe fell down. Dick Joll' was present when I satisfied Wilson that he had my billy. By Mr Brassey—There was blood on both of our faces. I kept defendant down with one hand. I never struck defendant at all when we were down.

.Richard Joll, sworn, deposed—l was acting as braeeman at the Piako shaft on Friday last. Wilson came to me and said he had lost his billy. Just then McLaughlin came up and laid his billy down, and went to wash himself. Wilson picked it up, and McLaughlin told him that it was his billy, and Wilson looked, and said ha was satisfied it was not his billy. He laid it down, and McLaughlin took it with him. Sonic lime after McLaughlin came, and said that he had lost his billy. He suspected Wilson of taking it. Thomas A. Dudley, sworn, deposed—l am a miner, and remember Friday after* noon last. (Witness here gave corroborative evidence to McLa«ighlin's). I saw Wilson fall on a stone outside, which made a gash on his bead. . , - By Mr Brassey—l saw the two men fall into the fire-place through the open door, and heard Wilson call McLaughlin a swine.

James Mclntyre, sworn, gave corroborative evidence.

By Mr Brassey—l do not think the clout McLaughlin hit Wilson would have knocked him down if it had not been that Wilson missed his blow while striking at McLaughlin. This concluded the evidence. Messrs Bra"sey and Miller agreed to take the evidence in this case rlso for the cross action brought by McLaughlin against Wilson for assault. "" ' The Bench said that they thought that both were to blame, and would,each be lined £1, and cos'js, or, in default 7 days' imprisonment with hard labor. The Bench dismissed the charge against Wilson for the larceny of the billy. Court adjourned.