RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3813, 18 March 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before Captain Skene and Major Murray, Esqs., J's.P.) OBSCENE LANGUAGE. William Heath was charged with using obscene language in Queen street last night. After hearing the evidence, the Bench inflicted a fine of 40s, or 7 days' imprisonment. ASSAULT. George Spencer was charged with assaulting O Mang, a Chinese, on the 15th March, at Parawai. Mr Brassey appeared for the complainant, and Mr Cuff, on behalf of Mr Miller, for the accused. In opening the case Mr Brassey said the assault arose out of the circumstance that on the date in question Mr Speucer and his sons went into the garden of the Chinaman at Parawai, and after destroying a dam erected in a creek running through the grounds, the accused, G-eorge Spencer, upon leaving, assaulted the complainant. Dr Callan deposed that he knew the residence of 0 Mang, a Chinaman living at Parawai. On the evening of Wednesday he went to examine the man O Mang, and found on the fore part of his head, over the forehead, a swelling and a contusion, a bruise also on the forehead, and a number of cuts. The cuts were not such as would be made with a knife, but more like what a fall upon sharp gravel would inflict. The wound upon the head might have been caused by a stick or any blunt instrument. A blow from a spade or a flat instrument would cause the wound referred to. At the time of the examination the complainant appeared to be suffering considerable pain. By Mr Cuff—lt was about 7 o'clock on Wednesday evening when he Visited the complainant. The cuts on the forehead might have been made by a knife, but it would require a very skillful hand to make them. They were more, like such as would be inflicted by a fall upon gravel. , Mr Pond, a native of China at present resident in Auckland, interpreted.

O Mang, a Chinese (who was sworn on a lighted match), deposed he was a resident of Parawai. Remembered Tuesday, the 15th instant. In the evening he was working in his garden, and saw Mr Spencer and his three sons come into the garden and go up to where the dam is erected. After about half an hour all four returned, and went towards the gate. The defendant (G-eorge Spencer) was present, la about a quarter of an hour afterward the four men returned, and had with them one spade and two crowbars. They went again towards the dam, and remained about a quarter of an hour. They then came up to where witness was at work in a cabbage bed. Old Mr Spencer grumbled something about water, and commenced to pull cabbages from the bed. Witnes» tried to stop the old man, when accused George Spencer struck him with with a spade, and two of the younger sons pulled him down on the ground. He felt i something like a kick when he was down, but also appeared to lose his senses, growing silly. After the Spencer's left the garden he walked into his sleeping house. He got the blow from the spade on the top of his head and it was given by George Spencer. The cuts on his forehead were caused by his falling on the gravel, and when he went to his house blood was flowing from the cuts. Ho immediately lay on his bed and remained there till next morning and the whole of the following day. He suffered much pain from the treatment he received at the hands of the Spencers. Mrs Pery put some cooling lotion on his forehead. When Dr Callan visited him he was sufi'eripg great pain. He had not given the Spencers any provocation, and he was sure that it was George Spencer hit him on the head with the spade. The cuts on his forehead were not made by himself nor anyone else. He had never had a sheath knife in his possession. He never gave Spencer or sons permission to go through the garden. The ground is leased partly from Mrs O'Keeffe and partly from Mr Perry. There were other Chinamen in the garden at the time of the assault, one named A. Hoe. By Mr Cuff—Been living at Parawai

about two years, and know the Spencers well. ISTever had disputes before. It was about four o'clock in the afternoon when the Spencers first came into the garden. Witness waa about 20 yards from the entrance gate. Saw Spencers doing something at the dam on their first visit.

A. Hoe baring also been sworn on a lighted match, deposed seeing the Spencers going into the garden at Parawai once on Tuesday afternoon. O Mang was working near the gate at the time. When the Spencers entered the garden they had a spade and bar with them, and went towards the dam. On returning they went towards where O Mang was working. Witness was at the house at this time, and saw from where he was standing all the Spencers standing round O Mang, and soon afterwards saw George Spencer up with the Spade, and strike O Mang on the head, while two or three others pushed him down. Witness was afraid to go down to O Mang, as they might kill him. Was at the house when O Mang came up, and on his forehead were cuts, from which blood was flowing, O Mang went at once to bed, where he remained all nest day. O Mang is a good tempered man, and cannot speak English. There is only one knife in the house, and that only used in cooking. Saw old Spencer near the cabbage bed on the Tuesday afternoon, and afterwards saw him pull up a cabbage. Was certain O Mang was on the ground, with the Spencers standing round him.

By Mr Cuff—Cabbages, &c, are cut with a chopper, and not with a knife. O Mang never carries a knife in his belt. Adjourned till 1.30. On resuming— A. J?ou gave evidence to the effect that he drove O Mang late on the evening of the 15th into Grahamstown to see Mr Curtis. O Mang (recalled) said he showed his wounds to Mr Curtis, who returned to Parawai and saw where the cabbages had been pulled up. Thomas Spencer deposed he resided close to the garden of the complainant in the present case, and had occasion to go through the garden on Tuesday the 15th inst. He went there because,? the water in the creek running through the garden had been stopped altogether and used by the Chinamen for garden purposes. He was acting under legal advice in the action he took in reference to the dam. He entered the garden by the front gate and saw there the three Chinamen who had given evidence in the present case. Told the men that as they had stopped all the water in the creek, and he required some, he was about to take down the dam. Was not sure if the Chinamen understood what he had said. All three men followed witness up to the dam, and one of them seized witness by the hands. The same man afterwards went towards Perry's, while another commenced to pull down a fence which crosses the creek further down. Went home for tea, and afterwards took a spade and bar and returned to complete the destruction of the dam. Did so, and while so engaged his sons called his attention to the actions of one of the Chinese, who was then pulling up his cabbages and throwing them into the air. Having pulled down the dam, he returned through the garden, where the complainant was at work. Saw him with a knife in his hand, drawing it across his forehead, and making gestures as if about to cut his throat. Witness had a spade in his hand, and one of the younger boys had the bar. There was no scuffle of any sort in the garden. Witness claimed the right to the water, and also to the garden. At this point, Mr Brassey called attention to the fact that the question of title was being introduced by the defendant's counsel, and said that whatever claim Mr Spencer had, the defendant in the case, G-eorge Spencer had none. The point was further argued between the learned counsel. Thomas Spencer, continued—That the only assault committed was that upon himself when the man caught him by the wrists. He considered th#t the complainant was committing "damnable perjury " in saying to the contrary. The Chairman said that witness should content himself with giving his evidence, not his opinions, and that there was no necessity for him to use coarse language. At this stage the Bench said the question of title having arisen, it had no other course than to dismiss the complaint for want of jurisdiction. Court adjourned.