R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1509, 15 October 1883, Page 2

R.M. COURT.

MASTERTON-SATURDAY. [Before Hi S, Wardell, R.M.] THE QUEEN-STREET FRAOAS. : John Roach, a powerfully built man, who was arrested in Wellington on Thursday evening, last by Detective (Brennan, was charged with assaulting 'Edward Windle at Masterton !on -Thursday last, -; Mr Beard defended the accused who pleaded not guilty, -.Richard Price deposed that he saw a number of people in Queen-street,' opposite the Theatre Royal on Thursday who' were evidently having a general row; He saw a stone thrown by some-, one strike one of the combatants, Saw the injured man picked up but did not see him struck either by a stone or by any person and did not see him kicked," In answer to the Court: Would swear he did not know how the man received his injuries. Did not see any cuts ab&ut him.

John IJlkins deposed he saw the disturbance opposite the Theatre caused by a number of men fighting. The accused was among them, and he picked up a stono and struck a man in tho mouth, holding the stone in his clenched hand, The man he struck appeared much injured and was insensible" for some time. The accused was evidently drunk and did not appear tokknotw t what he was doing. In aniwer to Mr Beard.: Was standing on the footpath about four yards from the place when the injured matt was struok. Saw the accused knooked downby.a "friend," but not jumped upon. The row occurred between; the injured man and the accused who were standing up to "fight it out," About fourteen or fifteen persons were sent, Would swear the accused picked up a stone and struok the injured man; It was not a, handful of mud, ;•'"" In answer to Sorgt. MoArdle: The, accused struck a "friend" tftat m :

trying to separate them, M$ general melee took place. Accused was the. only one he saw using stones/ .. \ William Parkes saw among a number of persons 'on T|ffsday last. Saw the injuredman Jjfing on the ground, and saw the accused strike him, but could not say what he struck him.with.. He Mine, accused throw.a,stone and strike, someone, he appeared to bo fighting *ithj < v • x > cused Btrike a'man with]Hisf ; fis\ Bj&Ht wn'a not' th'e injured "Siaii: u SaW e mm 'knockthe.injuredmanidown. Jt war ,a ''free tight." After the accused knocked 'the'': injured' 'niau (iddwn,! Jhe (Parkes) interfered and gave the accused'"! one kick," .-Accused,i .appeared drunk, and wasknocking. everybodyabout; j and everybody waS'|tndblS|ig him about, - j. '"'ln sanswe^\to}, iSergt: M'Ardle: Kicked .the • accused'becaiisej .he .threw a stone!' Called him'/ a aad as ho was .coming as though ,to, strike me I pushed him,and, as he fell, gaye himakiok,: : ;, ■.ua'.iv.:'! " George Piircell, a M about-thirteen years of age,'saw the disturbance, and saw• the injured.mah khbokeddoTrojby accused, Ho did not attempt to get up and was carried tda pump and washed. Saw the aocusedpickup astoneand gave a man-a'A bash" in the mouth with it. Saw Mr Parkes kick the accused, who had previously kicked another man. ' -In answer to the Court: The accused

threw a stone that struck the,," gentleman" he wa» fighting with.' ••■ln ankwe> to Mr Beard: Saw-the - injured mai* kuooked down by accused r with,his fists. They.we!;fightirig'to- < getter,-..-Qnly.saw])ijytorie tlirown, -■; it did notitrike the ." "other "gentlemen" were-'itrjing' 1 )to .■ fight; and'one 'lgentleniah" wasi hold- i; ring=another "gentleman" up.for.the . other'to strike, ■ He' also saw : .-the injured man and accused fighting. before that. ''■'■'■'■■ "vf .Edward Windle, the injured -man, whose under lip, chin; and'throat bore marks of some very'rbitgli usage, ■•■ and who; tried to speak through a handkerchief, and had apparently not .recovered his Benses. He was:speedily v brought to by His Wottmip : threaten- . ing to commit him to prison 'if he' did not address. the Court properly, and ; deposed :' Ho was a laboring man : work- .-. ing on the railway works. Tn'ere'.-was .• a quarrel at a public houso between •• two men, the accused struok him and a : shoemaker-—in fact wanted to strike everybody.,-He appeared to be a maniac. ■' Something occurred to him about then by being struck by accused on the lip,; on the chin, and kicked, in the ribs. (Jot knocked quite Billy, -and . did not'know anything till riextjnoming. , Never got kicked about so much before'm his life. 1 "'<'• i:v - ; >■! .. In answer to Mr Beard: On account of having his senses knocked out;'of lis head, did not know where he was'lasfc Thursday morning, and did not. know , where he had been to-day. Had eaten-; - ,aud drank nothing but "burgoo'' and . milk since Tliurday. Hadhad is no. iWhisky-jn the milk. The "snob": was fighting with accused, he: was not. Did not'think he took off his coat, to fight : anyone. • Supposed he was driink. They cook at the Camp: : was fighting with accused, he was-not. Believed he shaped at accused, but before, hVihad? time to figifc he got knocked down, with a stone, He did -not wish tovdaaccused any harm, and hoped tho'Oo.nrUwould not do anything' to him. ;'He freely forgave him, and would not jrave given ovidence if the police had. not fetched him to tho Court. : -; ■; /Mr Beard briefly addressed the Court on behalf of the accused and called Jeremiah Early, whosaiw; 'the injured man. about 6 o'clock on Thursday morning, and because Jorem'iah would'nt Bhout for him threo times in succession, he wanted to fight him,-. Saw the row subsequently, in ..Queon •• street, in which about ten men wcro mixed up. Saw amanwith a ladder jump upon tho accused when he. was down • and then" use the boot," aftor throwing tho ladder down, The accused.v.. then stood up, the row stopped) and the injured man walked to the 1 pump : and was washed, Saw accused strike" • the injured man, and vice versa- with ■ ' clenched hands. The accused- was drunk, and the other insensibly drunk, '•• In answer to Sergt. McArdle: Sast the injured man walk to the pump and : would swear he was not .carried! to-it."-r 'As.far as he could Bay accused had nothing in his hand, Saw someone... knock up against the injured man and befell down, Accused did not knock -him.down—"certainly not." Was not :- drunk, went in for "soft tack." Stones ■>•. we're so plentiful where the row took place, that a man could get half a » dozen in his wished. Dennis Cronirtw/ tho injured man' and accused )|ilsßheir coats off hug-"'; ging each other opposite the TheateS'3 ~ -They had about six rounds after j the former then left and another man,; fought the accused, and knockedliim ■■■' ; ■ down. Parkes then came along raid- ; • jumped on accused and kicked him.r.The injured man again came up,'and , • "the two fought again; they closed; and - I fell,.the injured man striking;against •: ;" : ih6. kei'bing. -'; !' •' ; -In answer to Sergeant McArdle: . ; Would swear accused had nothing;in-,.. [ his'fand. Saw no stone "thrown, or i: any person struck with a stone,! '. . " ■- 1 Parkes was re-called, and denied the statement raado!about his'"jumping . ion the man." '■ - "••■'"

P'urcell, re-called, stated that Mr Thompson carried the man in,' aid denied the assertion that he " walked" in. : -. v ; His Worship said that there bad been -one of those; scenes which take place- whenever a number of men are employed on works. After the usual pay day they come into the township 'and-by their drinking and rowing bring the town and themselves into disgrace, This kind of thing could not be tolerated in a town where, he kd any control, and he was determined to put a stop to it, -There was a desire on the partofWindle to screen tie accused, that was only natural where men were working • together,; and it 'reminded, him of cases he had heid between "Husbands and Wives," Iho wife, would appear in Court bearingtha majki of ill-treatment from the hnsh&jul anl in hor eyidence would say they&d been caused by her /ailing sgfttot a

• onairpr.iomoiothet piece, t>f furmti^e? swindle's evidence, was.of \that clospiWit outside'evidenceM dlffeVont, and litid 'to bd'tttken as disinterested te&tihiQny. ~,peno^Sa(ipaf^ aceuaecl,' andythereAxaa .noi ( 'dfliuk r»'%fc.itttlie excitement lto iiaddohetliat n <* -w fepiryfoiy f Windlo ;• ■'• evidence agairißt him, if he jmino't b'ein .brought; to the Court iby the polico and .healsosakVheforgftyoacbuaedfor tho , 'injury' he had' done Him.* That ! ■ w'as veryi kind .on.,his,parfc,'jbut Jie (His Worsh'ipj could not ! give'effect'to thit, could he inflict ; a fine; i: ;W- would to pass a sentence that Nyovild} be .;,.^.iwarning to.:thevaccused, and: 'otlidrs creating« disturbances in-. tlie 'Sfcreet;. The 1 accused, \yaS then to soyeii days hard'labor.