WESTLAND DISTRICT COURT.

West Coast Times, Issue 697, 18 December 1867, Page 2

WESTLAND DISTRICT COURT.

ADJOURNED CRIMINAL SITTINGS. Tuesday, December 17, 1867. (Beforo His Honor E. Clarke, Esq., Judge). The Court opened at eleven o'clock this morning. TTCTLAWFIttIiY "WOUNDING-. John Miller, who had been out on bail, now surrendered, and was indicted for having, on 11th October, 1867, unlawfully and maliciously wounded one Eugene Meehan. The prisoner pleaded not guilty. The Crown Prosecutor (Mr O'Loughlin) conducted the case for tho Crown. Mr Rees defended the prisoner, who was allowed to stand on the floor of tho Court besido his Counsel. The Crown Prosecutor, having briefly stated tho case, called — Eugene Meehan, who deposed — I am a miner. On Wednesday, 16th, I came down to Sunday Crock to get some provision. I went into a public houso, and had a drink. Millor was playing curds with the landlady there, and I had a bet witli him. I and' another man had some words, and Miller had some words, and seeing Miller pick up some sticks lying near the door, I picked up one to defend myself. Afterwards Miller struck me with a pick handle, and I fell seuseless. I was in the Hospital for four weeks, attended by Dr. Morris. Cross-examined — I was neither drunk nor sober at the time ; don't recollect knocking Miller down. I havo veiy little recollection of what took place before the blow. I did not, to my knowledge, follow Miller into his store with a stick and try to strike him. Ido not know how many times the prisoner struck. I was picked up for dead. I was not playing cards in the hotel. By His Honor — I never had a quarrel with the prisoner before. Ido not know whether ho was intoxicated. Ido not know how long I was in the hotel. Ido not know whether it was dark or not when I went into the hotel. I do not, to my knowledge, recollect striking Miller. . Dr Morris deposed that ho was surgeon at the Hospital. On tho 16LH October, Median camo to witness' house with a wound in his face. One tooth appeared to have been removed only a short time before. His teeth woro loose, but not from tho effects of the blow. Any blunt instrument would havo inflicted such wound. Tiic wound wj3 severe, but not diiugorous to life. Henry Mitchell, a publican, was called, and deposed that as Miller was going out of the door Moehan struck him and knocked him down. Millor then picked up a switch, and witness said, " Drop that, there has beon enough." Miller then weut into Molloy's store, and witness saw Median pick up a stick and go towards tho store. Shortly after witness heard the cry " You have killed a man." Witness went into the store, and saw Miller standing with a pick-handle in his hand. Witness picked up Meehan, and washed blood from his face. Never saw Miller strike Meehan. " Cross-examined — Miller gave no provocation in the first instance. / Median goes by tho name of " Jumping George." He is a bit of a fighting man. By his Honor — Median was intoxicated when he camo into my house. Miller was quite sober. The squabble arose over a bet. Miller wa3 not playing cards in witness's house. Meehan and a baker wero playing cards. Mcehan cheated the baker. ..

Mary Ann Mitchell, the wife of the last witness, doposed that she saw Meehan strike Miller with his fist and knock him down. About ton minutes afterwards she saw Miller striko Meehan with a pick-handle and knock him down.

Cross-examined — Meehan was not peaceable. Miller gave no provocation to Meehan before he (Meehan) .knocked him (Miller) down. Meehan went to the store for a stick, and then went into tho store to' Miller. Meehan used abusive and insulting language to Miller beforo and after he was struck.

By his Honor — Mcehan struck tho first blow with his fist. Mcehan struck Miller unawares. They "were both running when Miller struck Median. They were facing each other at tho time.

Mr Rees said that he did not intend to call any witnesses.

The Crown Prosecutor summed up tho evidence, contending that tho striking of Miller by Mcehan with his fist did not justify Miller in using a pick-handle. Mr Rees addressed tho jury for the prisoner, and contended that it was a pity such a case had been brought beforo the Court, causing great expense and the waste of much valuable time. Tho prosecutor's own evidence had proved him to bo a liar, whilst that of others had shown him to bo a cheat and a bully. Tho learned counsel then reviewed the evidence, and submitted that the prosecutor had brought tho whole affair on himself by hii repeated assaults on Miller, who at last struck him iv self-defence.

Hiß Honor, in summing up, said that there could bo no doubt that an assault had been committed. The question for the jury to

decide was whether the quarrel was continuous, and, prisoner was so getting the worst of ifc as to justify him in using the pick-handle in selfdefence, or was the blow given under the influence of a revengeful feeling. The jury, without retiring, acquitted the prisoner, who was immediately discharged. This case closed the criminal sittings.