RESIDENT MAGISTRATE'S COURT.

Thames Star, Volume XII, Issue 3914, 15 July 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DA£. :Vr'- r(Before H. Kenrick, Esq.rß'M!) '"' KEEPING A SHOOTING GALLERY.

His Worship gave judgment in this case this morning. He said he had looked up the Borough bye-law, and thought that the alleged offence was not an offence under the bye-law in question. He there* fore dismissed the case.

ASSAULT.

Andrew McLaughliu, was charged with assaulting H. R. Tones, at Thames on the 13t.1i inst., by striking him on the head with an iron bar.

Mr Miller for plaintiff, and Mr Brassey for defendant. AH, witnesses were ordered out of court.

H. K. Jones, sworn, deposed—He was tbe owner of the Manukau mine, which adjoined the JNew Golden Crown. He beiiered defendant was foreman of one of the shifts in the ISew,Golden Crown. He had obtained permission from the directors to work his mine through the Golden Crown battery lerel. Mr Dunlop was perfectly aware of this permission. He had often been in the lerel referred to; was there on the 13th inst. On that day he had occasion to make a surrey of bis mine, and also part of the Golden Crown mine. Before going into the mine be saw Mr Dunlop, and informed him of his intention, and he made no objection. Mr Bayldon, surveyor, and Mr James Clarkin one of his workmen, went into the mine with defendant. They went in at battery lerel, and turned into a crosscut on the right side of the lerel. He met McLaughlin at the winze (marked on the plan produced). They first had some words about some mullock which Mr Dunlop had promised to .bare mored, and after some few more words, his party went on to the main drire, MoLaughlin following. He went along the drire first, defendant following close behind him. Defendant told witness to let him pass, as he was stopping him in his work. Witness allowed him to pass, when he went a few yards ahead, stooped down, and picked up an iron bar about 3ft. loug, and went to strike witness with it. Witness put up his arm, and broke the force of the blow. Defendant had nothing but his candle in his band when he passed witness. Witness did not say or do anything to defendant after he passed him until he was struck. As soon as be felt the blow, he rushed forward and took hold of defendant; round the neck, and held his head to khe ground. He then called Clarkin, and together they took the bar from defendant, who then went away. Witness did not strike defendant at any time, but when he was following him in the drire, he pushed him away, and told him not to be a fool. By Mr Brusser—He had permission to go all; orer the No. 1 battery lerel. He had a perfect right to go where the assault took place. When defendant told him that he would kick him out of the mine, he returned the compliment. He would swear positirely that he did not strike defendant, though be gare him plenty of back answers. He had alwayt been on good terms with defendant. James darken, sworn, gare corroborate eridenoe. In reply to a question from Mr Miller, he said the party had been underground two hoars before the assault took place, and Mclaughlin had not tried to stop them until they tried to go into (he drire on No. 1 reef. ;;,;; D. H. Bayldon corroborated last, witness's evidence. v ~, x:;i :■ ;

This was the case for (be prosecution, Thomas Dunlop, sworn, deposed.—He was manager of the Golden Crown mine. Any person receiving au authority from the directors to visit the mine would hate to show that permit to him before he would allow him tovisit the mine. Mr Jones had permission to visit certain portions of the mine. Plaintiff bad no permission ou the day in question to Tisit the drive where the assault took place. Defendant was " boss "of the shift on the day in question, and bis instructions were not to admit any person .without a written permit from wituess. He was iufortttfcd thai plaintiff bad visited

the mine on the Saturday previous with 'Some of his men. Some months ago he remonstrated with Jones about going in the mine without a written per* mit. He h«d told defendant to allow no one in the mine without his permission, warning him that if he did he would be dismissed. ■

By Mr Miller—When he was at Mr Bayidon's plaintiff did not tell him .that he was going to survey the drive where the assault took place. He did not tell Jones on that morning that he was not to go in the drive in question, bat did so on the Saturday previous.

Defendant said he was told by the manager, Mr Dunlop, that Jones was in the mine surveying Nos. 1 and 2 reefs on the 13th insfc., and that so long as he kept in certain portions of the mine he was not to interfere with him, but he was not on any account to allow them in the No. 1 reef drive. While working at the winze plaintiff came up, and started joking with him. After a time they came to high words, and while passing through the crosscut plaintiff several times offered to fight witness. When they came to the drive witness tried to prevent plaintiff going in, but he rushed past him. When witness tried -to stop.him, plaintiff caught him by the collar and struck him on the face three times with his hand. Plaintiff rushed past him again, but he got in front of plaintiff again, and closed with him. They were now in the dark, their candles having gone out. In the struggle be caught up an iron bar, and one end of it struck witness on the forehead and he believed the other came in contact with plaintiff's forehead. Plaintin bad him on the ground when he oaught up the iron bar. Plaintiff called for assistance, and Clarkin ran up, and they took the bar from him. Plaintiff and himself were scuffling all the way from the crosscut, some 60 or 70 feet.

His Worship said defendant was certainly justified in trying to stop Mr Jones, but not in taking such strong measures as he had done. He thought Mr Jones was very indiscreet in forcing his way against the will of defendant. He would therefore fine defendant £2, and costs £1 17s, which course, he thought, would do justice to all parties. : . Court adjourned till 2 o'clock.

On the Court re-opening at 2 o'clock, the following cases were disposed of :—

Judgments fob Plaintiff

E. C. Morgan r. Alex. Mackay.— Claim, £3 Is.

Adjourned Cases.

Theo.^Wood t. Wiremu te Huia, John McK>e V. Jleha Aperahama, J. Marshall t. Jas. Smallman.

Defended Case. m. g. poweb v. John case. - "Mr Brassey for plaintiff, and Mr Miller ior defendant.

This was an application that the evidence of the defendant be taken, to forward to Paeroa.