RESIDENT MAGISTRATE'S COURT

Thames Star, Volume X, Issue 3237, 4 July 1879, Page 2

RESIDENT MAGISTRATE'S COURT

'.this day.

(Before E. F. Tizard and Jv Skene Esqs., J'fl.P.), r ! THBEATENING LANGUAGE. ; James Donnelly was charged with threatening to drive a pick into the eye of Mr J. J. O'Brien, on Wednesday last. Defendant pleaded not guilty. Mr Miller for complainant, and Mr Dodd for defendant.

J. J. O'Brien, sworn, deposed—l am a railway contractor, and I was at a quarry in Karaka Creek, on the second instant, superintending the works. There was a man named Charles Fugill present, also Scott O'Neill, Kelly, a trucker, and the present defendant, and James Connelly < When I arrived., on the works, the truck was on the line, and I ordered my men to fill the trucks. The men had no sooner, commenced to fill the trucks than the defendant came and interfered with the men. I told.him he had no right there. The defendant commenced throwing in large stones, and breaking the tracks. I told him to desist, but he continued in defiance of me. He threw down his hat and put himself in a menacing position. He then went to the face, and threatened to, drive a pick through the first man that worked, and added, as I went up to the face, " And you, tooi O'Brien," using the same threat to me. He then took up a crowbar, and said he Would brain the first man that came to work in the quarry. We were compelled to leave in consequence of the threats used, and I came at once down to Mr Kenny. In consequence of the threats used, I fear he will do me injury. , Outside the Court, House door, this morning, he threatened me. By Mr Dodd—l do not owe defendant anything. Defendant was working in a contract under me, but some five or six weeks ago the contractors threw it up as it would not pay them. He had not a pick in his hand at the time he made the threats. The quarry is registered in my name.

John Kelly and Charles Fugill, sworn, gave corroborative evidence. Mr Dodd raised she objection that this case having been dismissed yesterday, the men could not be again tried for the same offence.

The Bench overruled the objection. James Donnelly, sworn, deposed—l was working at the Xaraka Creek under contract with Mr O'Brien, and was working there till O'Brien, stopped us. The day before yesterday I was at work, and O'Brien came and started them to work. I tried to prevent him or his men breaking down stone on top of a heap I had broken and could not get paid for, and I may have used the words com* plained of, but had .no intention of carrying out the threats. O'Brien hustled me and knocked me on the stones. He also assaulted my mate. James Connelly gave corroborative evidence.

J. J. O'Brien, recalled, denied assault* ing the defendant. Mr Miller said the case against Connelly and the cross action, Donnelly v. O'Brien had been withdrawn. The Bench bound defendant over to keep the peace for three months, himself in £20 and two sureties of £10 each, and pay the costs. • Court adjourned.