RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3847, 29 April 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before James. Kilgour and T. L. Mur.ray, Esqs., J's.P.) ASSAULT.

Mrs Bridget Donnelly was charged by Henry Syms with assaulting him on the 25th inst. at the Prince Imperial mine. Mr Brassey appeared for the complainant and Mr Campbell for the defendant. . Henry Syms deposed he resided in Pollen street, and on the 25th inst. he was taking away stone from the Prince Imperial mine. Scanlan and Trainor were "working at the same place. 'Mrs Donnelly came up at the time and struck witness with a stone on (he head. He had not thea spoken to the woman, but before she threw the stone she said "You kaoclcoff," meaning shovelling, some earth away preparatory to putting in a low level. He held a share in the tribute in the Prince Imperial mine. By Mr Campbell—He did not go there with the intention of preventing Donnelly from taking away stuff from the claim. Mrs Syms deposed she wus at her own house on the morning on which the assault took place. She saw Mrs Donnelly strike her husband with a stone 'on the head Previous to the assault Mrs I'onnelly was trying to take a pick from Mr Trainor. She got one, and then Mr Scanlan took it from her.

By Mr Campbell—Saw Mrs Donnelly come up, and then a dray, into which some men subsequently attempted to put in quartz. Scanlan and Trainor were working not far away from where the dray wus. The driver was holding the horse. Donnelly appeared to be pushing Trainor, and then there was a general scuffle. Scanlan took the pick from Mrs Donnelly.

Thomas Scanlan deposed he was at work on the 25th afc the Prince Imperial claim. Trainor and Syms were clso there. Saw Mrs Donnelly when she attempted to strike Trainor and,Syms with a pick. Witness took the pick from her, when she took up a large piece of quartz. _ She threw several stones, but witness did not see the stone strike Syms. Was there for the purpose of preventing Donnelly taking away quartz which he and mate's claimed as their own. Did not see Syms raise a shovel to strike Mrs Donnelly.

By Mr Campbell - Considered Donnelly was encroaching on his ground, and taking quartz which belonged to himself and ma f,es.

By Mr Brassey—Mr Bayldon made a survey of the ground and pat in pegs, and cut a line showing the boundary of the claim. The querta being taken away by Donnelly was within the claim held by himself end mates.

Edward Crawley. gave corroborative evidence.

Mr Campbell said he would be prepared to prove that a murdarous assault had beeu committed on Mrs Donnelly.

John McCulloch deposed lie was on the Crown Princess mine on the morning oF the 25th inst. He saw a scuffle; it : was begun by Trainor and Syms .throwing some dirt upon the horse and dray. Mr 9 Donnelly took a shovel from Syms, who afterwards called out that he had been hit by the wom?n. . By Mr Brassey —He was not a mate of Donnelly'?, but he had been working.with him. Donnelly's party was on the ground first, and a cart load.of quartz had been taken away before the scuffle took place. CliKrles Vernon deposed he was a carter, and on the 25tli inst. he went for a load of quartz to the Urown Princess mine. The dirt was thrown by Trainor and Syms upon the horse. He had great trouble in restraining the horse. Traicor and Scanlan told him not to back in his dray or to take away the quartz. The a. en continued to shovel dirt all the time the dray was being filled. He could not see all that took place, as his attention was taken up keeping his horse quiet. Several other witnesses were examined, after which Mrs Donnelly made a statement. She acknowledge taking the pick from Trainor and pushing Scanlau, but did not strike anyone with the pick.

The Bench fined the defendant 10s; each party to pay their own costs. *