Monday, 20th Nov.

Tuapeka Times, Volume III, Issue 199, 23 November 1871, Page 5

Monday, 20th Nov.

(Before the same Magistrate.)

Redden v. Keppel. — Defendant was sued for £12 damages, for having violently assaulted plaiutiff by striking him on the left arm with a stirrup iron on Sunday, the 12th November.

Mr. Gooday appeared for plaintiff, and Mr. Copland for defendant.

Redden, being sworn, deposed — On Sunday, the 12th November, T was at my own premises, Tuapeka Flat. I saw defendant driving cattle on my premises, to which I objected. The cattle belonged to Treloar and others. I drove them away. Defendant again drove them towards my fence. I again drove them back. Then defendant made at me with his horse, aud tried to ride over me. He unfastened the right stirrup leather, and struck me with it on the left arm. From the effects of the blow, I am still unable to work, and for the loss and injuries sustained, I claim £12, made up as follows : — Being unable to attend to my business as a miner and agriculturist, and loss of water. The sum claimed is very moderate. My claim yields sometimes £s— sometimes £20, and sometimes very little per week.

Dr. Halley, being sworn, deposed — That on the day above named plaintiff came to him. Examined his arm. On the first occasion there did not appear to be much wrong, but a day or two afterwards a round black mark became visible, and the arm was swollen. The wo'ind might be occasoued by a stirrup iron. Plaintiff told me such was the instrument with which he was struck. From the effects he has not been able to work since, and will not be able for a week longer to work as a miner satisfactorily. My fee for attendance on him will be one guinea. James Keppel, being sworn, deposed — That on the day above named, certain cattle were in his crops. Drove tliem, away. Afterwards they came back — again drove them away. Saw plaintiff and his mother some distance from me. As T was returning home, I heard plaintiff calling out. He was then driving the cattle towards my fence. When he came up to me he made a stroke at me, and struck me on the breast. Then he took hold of my bridle. To save myself, I took my stirrup leather, and struck him on the arm. He afterwards took a stone and hove it at me, striking me on the breast. When he held my bridle with one hand, he whistled, and his mother came and gave him what I think was a pistol. I then thought it was time to leave.

Mrs. Keddau's evidence went to show that she saw something like a scrimmage between her son and defendant. * She gave her son a pistol. It was a small one, which she sometimes carried with her, but there was no powder in it.

The Magistrate, after considering the whole evidence, dismissed the case. lie would allow no expenses.