RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XV, Issue 4677, 3 January 1884, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Eenrick, Esq., R.M.)

DRUNK.

Stephen Farley, against whom a prohibition order exists, was charged with this offence, and as it was the third time of his appearance within six months, the Bench sentenced the accused to seven days' imprisonment.

The Assault oiTtheLßace Course-

J. B. Mason was charged with striking Henry Wright on the Racecourse on Boxing Day.

Sergt.»Major Kiely prosecuted.

The defendant admitted having struck Wright, expressed his regret for having done so, and said he would produce evidence to show that he acted in self defence, and under extreme provocation. Heory Wright deposed that he was on the racecourse on Boring Day. He saw a woman knocked down by a racehorse. Went to where she was on the ground ; there was a crowd about her. Saw defendant ride up towards the crowd. Mason's horse went up close to the woman, and witness caught hold of the reins to prevent the horse going over the woman. Heard nothing said, but felt a blow across the head and shoulder; could not see where the blow came from; the blow on the head cut through his hat, wounding his head, knocking him down, and rendering him insensible. Wheri*he recovered consciousness, found blood flowing from the wound in his head. Went with assistance to the river to wash the blood away ; sufferedmuch pain since fromthe-cut.-'-Gave* no provocation to Mason whatever. There was no necessity for Mason to go into the crowd with a horse.

By defendant—Stiw two or three persons try to take bold of the horse, but did not see any one striking the horse. Did not hear defendant call out to witness to let the horse go. Did not consider the injury serious enough to require medical attendance at the time.

James Adamson (sworn) stated that he was present at the time of the assault, and corroborated the previous evidence, with the addition that he saw defendant with a metal-headed whip in his hand, on the racecourse, on horseback, and Mason struck Wright's head with the hammer end of the whip handle, and knocked Wright down ; Wright's head was cut. Someone in the crowd told Mason he was not required in the crowd, and told him to go away, but he did not. There was no occasion for Mason to be there, and there -would have been no disturbance,had he not been. .

To the defendant: Did not hear you tell Wright to let the horse go. Was not certain the whip-handle was metal; it might hare been a buck-horn handle.

Walter Wright gave corroborative evidence, and said he did not think it was a buck-horn handle whip ; and he did not hear Mason speak to Wright. Constable Herbert deposed that he was on duty on the racecourse on Boxing day, and saw the woman knocked down, went with another constable to the spot and saw defendant on horseback, there was a crowd around the woman, and Mason was riding in it trying to get the crowd to give the woman fresh air, the crowd wanted Mason to go away and he would not. Several of the crowd were armed with sticks, and one struck Mason's horse, and thehorse was jumping about. It was possible; but not likely, that Mason's horse could have been pushed on the woman, but it was not very near her. Believed that Wright went up to the horse and caught it; did not think that the horse went up to Wright. Mason told Wright three times to let the horse go, or if he did not he would knock him down. Wright did not let go, and Mason struck him and knocked him down. The crowd was very excited, and called out to pull Mason off his horse. Thought that if anyone more popular than Mason had, even on horseback, tried to keep the space near the woman clear, the disturbance wtuld not have occurred. Saw a man named Eowe strike Mason's horse. Was certain that Mason distinctly told Wright to let the horse go. Constable Stapletoo gave similar evidence, with the exception that he thought, at the time, that the blows struck were with the thong end of the whip. Had some difficutly in getting Mason off the racecourse. The whip disappeared in the crowd; the whip was a malacca handled, hunting crop, with a thong on it. Sergt. McGrath gave corroborative evidence, and added that he bad pulled Mason off his horse with the intention of arresting him, but the crowd would not let him. Got Mason on his horse again ; managed to get him off the course, and told him to ride for his life. When Mason strucJE at Eowe previous to striking Wright; he struck with the thong end of the whip. The defendant stated that no one regretted the occurrence more than he did. He was glad that Wright had not

suffere = to the extent that. he. would call evidence to show that he (Mason) had. Ho had, before striking Wright, warned him to let his horse go. Upon being sworn, he said he was on the course on the 26ih December, and saw Mrs Graham knocked down. As he knew her, he asked the crowd to keep back and give the woman air. He then went outside the crowd, and a man named Bowe used foul language to him, and raised the cry that he (Mason) had ridden the woman down. Rowe struck Mason's horse, and the latter struck Rowe, who had seized bis horse. Rowe then let go, and Wright came up. Ho (Mason) considered Wright came to Rowe's assistance. Wright then caught hold of the horse's bridle, and Mason told him twice to let the horse go, or he would strike him. Wright did not let go, and Mason then struck him with the whip, which was a buck-horn handled i one. The crowd were pushing and annoyling his horse, and Sergt. McGralh got j him off his horse. Did not own a brassJ headed whip. Thomas Henry Barclay (sworn) stated that he was on the racecourse on the d»y iq question, and saw Mason striking some one, and one man was striking his horse. - Saw Mason afterwards strike at someone, but could not swear who it was. Wm. Greenville was called, but did not appear, snd tltis closed the case. The Bench said that the assault was admitted by defendant; but it appeared that he was assaulted by various people, and excited, and appeared to think that sufficient provocation for the assault. A very serious offence had been committed, and he appeared to have acted very indis* creetly. He should not have ridden with the crowd as ho did, as to do so required both temper and the discretion which.the defendant lacked. The balance of the evidence was in favor that the blow was struck with the butt of the whip, and the blow was struck viciously, which shewed malice in the eyes of the-law. • He regretted the occurrence very much. Addressing the defendant, he said a very grave offence had been committed : in fact an indictable offence had been committed. It was questionable almost whether imprisonment was not deserved. The maximum penalty of £10 would be inflicted, with an alternative of two months' imprisonment. .; Court adjourned.