RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XI, Issue 3616, 29 July 1880, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before H. Kenriek, Esq., 8.M.) THE MINING KEPBESKNTATIVJB OF THE

BTAK ASSAULTED.

Peter Ferguson, late manager of the New Whau mine, was chnrged with unlawfully assaulting James Alexander Philp at the Govei aor Bowen Hotel on the evening of Saturday, the 24th inst.

Mr Miller appeared for the complainant, and Mr Dodd for the defendant.

Defendunt pleaded not guilty. Mr Miller in opening the cast* said the information was laid for assault. The defendant was a mine manager lately, and the complainant is the mining reporter of the Star. Mr Pbilp wen! into the back bar pf the Gorernor Bowen Hotel. While standing there, the defendant without comment struck complainant on the cheek. Tbe blow was more severe to complainant as he was suffering from a gum-boil. But not satisfied with this he took the complainant by the coat collar and shook him. If he could satisfy the Court on these points, he thought it would justify the court in inflicting a sercre penalty and that defendant should be bound brer to keep the peace. Nothing was said before the assault. He understood the cause was an article which appeared in the Star, and which is supposed to hare been written by the complainant. The Court would see that the people of the Thames depeud on the mining reporter for a truthful report of the state of the mines. No such article could have been a justification for the assault in law, or even a mitigation of it. Mr Philp will tell us be fully believed what he wrote, and was prepared to support it. Nothing could justify Mr Ferguson's conduct, and he thought the Court would say it was time this high-handed manner of doing things was put a stop to. MV James A. Pbilp, sworn, said he was mining reporter on the Thames Evening Stab. On the day in question he was in the back bar of the Governor Bowen Hotel. He went in with Mr Maclntyre. He did not see Ferguson, who had been there previously. He was standing at the bar when he heard a step, and immediately had a smaok on the face. Defendant bit him with his fist. He caught him by the collar and pulled him violently towards him. Defendant did not say a word to him to bis knowledge, not till

after somebody had separated them. About half an hour afterwards— Mr Dodd objected to evidence being given of what occurred half an hour after the assault took place. * His Worship overruled the objection. Mr Philp, continuing, said—Mr Fergusson came up about half an hour after, and began talking indirectly at him. Ferguson said, " I'll do it again, but in a different way next time." Cross-examined by Mr Dodd: He did not say "He could write anything he liked, whether it was true or false, as it! was a matter of business." He had no j personal animus against the defendant. j The witness was subject to a lengthy i cross examination, but it failed to shake j his testimony. David M. Maclntjre deposed to the assault, which, however, was not a serious one. He parted the two, as he did not think it was a peaceable arrangement. [Roderick McDonald Scott deposed that Ferguson said to Philp that he would do it again but in a different way. This was the case for-the prosecution.

Mr Dodd addressed the Court at great length, and submitted that the defendant had great provocation and had only committed a very trivial assault on com plainant. Peter Ferguson wes put into the box, and admitted hating touched the complainant, but he was so excited be could not remember all that took place. If it had been half an hour, or a longer time before he saw Philp, he would probably have said nothing about the matter. He would not apologise to Philp because he thought he was the injured party. His Worship said there was no doubt that an assault had been committed by the defendant. He did not think that an article in the paper would justify the assault. If the article was untrue he would have had his remedy ia contradicting it. There were a number of people who would be going in for this luxury if everything which appeared in the papers was treated in a similar manner. The assault was committed in the heat of temper, and he was sorry to see that Mr Ferguson did not think fit to apologise. He should inflict a firie of 5s and costs. He would not bind the defendant over to keep the peace as his own good sense would show him that he was not to do it again. Court adjourned.