RESIDENT MAGISTRATE'S COURT

Thames Star, Volume X, Issue 3200, 22 May 1879, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before E. F. Tizard and W. McCullough, , Esqs., J's.P.) f; 'A STABBING CASE. Michael Ryan was charged with assaulting Patrick Nolan, with intent to do him grievous bodily harm, at Tairua, on May 17 th. Mr Kenny stated the case. Pairick Nolan, sworn, deposed—-I am a barman at the Tairua Junction Hotol, the property of Mr Cleaver. I remember Saturday, May 17th, of this year. Isaw the prisoner on the morning of that day. He came into the dining-room and asked me where Bob Cleaver was, and I told him I did not know. He then commenced ' " barneying ", with .a, ;young fellow named Heath;! an^ 11? ; ;i told him to go outside and not be barneying inside the house. ,He said " I have a down onO iybu too." At this time I was lying in my bunk. Nothing further took place then. In the afternoon between 2 and 3 o'clock I was again in the dining-room and heard bad language outside, which caused me to go biits'ide: '• After V little, when it was going tco far, I went up and saw prisoner and he was using the bad language. I told him to go away and not use such bad language where there were females about. He challenged me out to fight. He did not shape at me, he stood witli frig^ight|hattdjiti hid jpdidket^ 'jl/yyent over to him to put him out 'of*the yard., When about a yard off of him, he sud- i denly pulled his hand out of his pocket and struck at me. I did not notice; anything in his hand then, but when I: saw the blow coming, I jumped out of thej way. After the blow was 'struck I saw I an open clasp knife in his hand similar to j the one produced. The blow wasi delivered at my left side, and as I sprang! back, the point of the knife j entered „my right „. shoulder, . causing j a wound.;/(Witness here shewed ;a deep; cut on'the shoulder.) I had a shirt and flannel on (produced). The cuts in them; were done with the knife. Mr Cleaver saw the blow struck,'and examined the! wound immediately after. Accused wasj sober, so far as.l;could judge. I never? have had any\|disagreemen| |rith prisoner* before this. I cannot tell why prisoner has a down, on me, if it is not because ij once stopped him fighting with my/ brother. i c;By tHe;BenpHi The aßsaultgtook places in Mr Clearer> yard., r , .Bloqd was drawn! by the cut. 'He iriust 'naWMd the knife; open all the time, fnfhis^ pocket. f,f „ | '; By Prfsoiler, r; I "did riot tirge a'man! to! ' stnke^you^.'j •^■fl^; Tflpt^near^tHe^wordsj used by! the" man wtfejh 'he knocked you down. ,.:'!'did' r no^ strii:e y.bain the,mouth.; !I know "nothing ,; M*9, ;,; Cleaver throwing stones at you. The house, .is a restaurant,, but men .are?not allpwed to go in there i; and ' use' bad " language. The yard is not a public thorough- 1 fare. . Mr^ GleaverTi^; the owner'of the yaid I taicTc. Ydu w.erfr inside thefenca. I c lid not Beeibp. I kmfe4A'jbiav;haDd.Tirlien the .blow was^tvubk:.'. "■^pu^Vere not filling your pipe* f,/id I 'did pot you when, you; were. •> I; did^not, get, time to! strike you; v I did: not Beer<anyohej r ;kick you or hit you mth a;whip,., Lraaaway whehiyou stabbed me.: Idpn'tknow who opened my shirt to see where I was wounded. 'Mr and Mrs Cleaver were in the yard when I came but of th c kitchen.; (Prisoner here asked some iirfevelant questions about the row between prisoner and witness'brother.) 1 • 5 : , ' r• i By Mr .Kenny—The shirt and'flannel have not been out; of my possession tiU t handed themoverto theconstable,, j ! ; .jßy the;,Benc?i-T-The! quarrel!'between accused andV.Heath jtook place^n,'the mprning. ,^6 yardj raj'.cloafd' in except on oDe side. ' ,t ; ■„? „..> •; By Prisoner : I did not know that you ■ b,ad, seven bpttles'pf .champagne the .night previo^,^! nor . did; fl I, know ithat ; V] you ibrbtight one 'to. the; hpfel; with'!ybu. I ;saw. champagne opened the night before.; .. Charles,J.^OanMllf.!?^ am a bushman,workine; r at Tairua. I rdmember Saturday last. ,1; was at the upper Jandingi,on that .day, and was in Gleaver'a (house that < afternoon! I heard a disturbance out in the yard-r-flomeone tiding abusive language.'' < I i did iiibt go 'butgide' tilt I; !heard NblattVvoice. Wheh I went outside 'I fsajY it Was 'Mick Eyah making;th'e disturbanfce;';T Beard^Nolan "say, "If yo^ go'ou.tsidei the j yard.''^l','b^e'ard; lib | reply from Eyan," who did' not so,' JN'olin'went -to.shbye: him .'but.;; I belieye^ "Kyan* ha)i liis haqd in his pocket^, I did not think it Was the,attitude of a man read^ to,defend himself!* .-When Nolan ,got ; up,:jto/ him :!Ryan:drew (his hand from his pocket anjl made; a blow at> Nolan? with. a,knife;he had in His hand. .(Witness : furthers corjfobo'rated thelast witness' eridence.) ' I William Cieaverr'and"the Constable in r charge of the Tairua stationjhen gave evidence' in:-cbrrbbbration,:''and at!"this' stage Mr^^Dodd: appeared ih.CouVtyand said'hte appeared for the priibner, and appliedfor a remand for:a; week'fpr.;,prcd'u'cing:'evidence for the defence. *'" C :'>! j The Bench granted a week's remand. \ Court adjourned. „ , r ,,'.., „, ' " \