R.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4415, 11 May 1893, Page 3

R.M. COURT.

MABTERTON.—THURSDAY. (Before Messrs T. E. Price, H. E. Eton, and T. Hughes, J.P.'s.) POLICE V. UCOUIEU2. Robert and Thomas McGuira (father and eon) -were charged with unlawfully beating and assaulting Jameu Cavanagh. Mr Pownall ap^?o« , .d for Robe:t McGuire, Mr Bunny for Thomas MoGuive, and Mr Beard for the informant.

The accused pleaded not guilty. Mr Beard at length detailed tbe circumstances oi tbe assault, and pressed for a severe penalty. JameaCavanagb, informant, laborer, deposed that on tho night of tbe Oth j of May, be was standing by Mandel's tobacconist shop in Queen Street, when McGuire the elder came up and called witness a thief, and butted biui in the face. Afterwards struck witness several blows in tbe lace and wanted him to fight. McGuira then went nway and brought his eon, who came up and assaulted witness, 3aying " let him have it." Fell down and tben felt some kicks, but could not say wbo did it. Had given no provocation, and only wished to get away. When the police oame, the son went away. Witness' coat woa torn to ribbons.

By Mr Pownall: I did not go up to McGuire and say something to him first. I did not see bim before that .night. MoGuire struck his head' against my face. I am not a fighting man. It is the first row I whb ever in in my life. I have never challenged McGuire to fight over a dispute regarding bis boy's wages. I told MoGuire to send in the account lor the boy's wages and I paid the amount before the assault occurred, Tbe " old man " McGuire did not hurt me much nntil he fetched his son. McGuire struak me aguin. Mr Hathaway and a lot of people were standing by and saw tho affair. They saw me knocked about but did not assist me.

By_ Mr Bunny ; I was knocked about a bit by the father as watt as the eon. There had baen a dispute regarding a matter of the wages of ooe of McGuire'a eons. I paid him accordicg to ottr agreement. I kept pushing the son off, bat did not strike. I did bite him, but I could not help it. I was 80 | much knocked about that I could not tell how many minutes the fray lasted. Father and eon were attacking me together. I did not hit the son first.

By Mr Beard: Nobody assisted me. 1 did not ask for assistance. I

hara paid tbo eon his wages and the receipt produced is the one X got from him.

By the Bench: McGuira accepted the sum I gave. The amount they olaimei was 30s. I paid 12s Bd, the balance being deduced for " tucker. This was for ten days work at 8s a day and find himself. James MuOhee recollected the evening of this 9th May. Was talkSag with Cavanugh in Queen Street wh&n Cavanagh and McGuire began talking about contracts. Witness turned away to talk to a man named Tinslaj/and on turning round saw MoGuire senior butting at Otvi□agh,.' A proposal was made to go down the back street anil settle it. : OuT«nagh declined to do bo. Young MoG-uire came np and aaked what they were doing, Ca?anmghtoMMtn to go away. MoGuire, the elder, then etcuok Oavanagh, the Son pushing! him away and tackling 'CaVaiiagh. V 7 itnesa pulled : the elder McGuire off, as he W6B holding up ;(JaW»gh- st th« back, wbiia thi

yi 1 ia bim in ir«iv' I - I'lih-r McOuir>'3Wl! !i„-t . ; fill tIISLUI.

IS/ M. 1' .. il' . Mi:MnirO WM At tlm M,.!.: s ; i ■!.. t'.ivaimith cmno U|>.

T|», y :, t « ;lu-<l about i)i,l 1 ii I.' tiny difl t»ah Olllt'l' inucli (,:■ < '■.!■'iiiiim, nmiior want>'tl Cuvari.;;ll !■ : i nmi light it 011 l after ■! 1 is h:i wny h«dseparated thom ll|) till, 111, I munition it lUigbt lie !in! . wiy tljii falllnr fltruill! Cavaijivli i 'i nr throe blown in tho TllCJ'.

13y Mr )innn v : Wue eura tho elder MoOtiiri' itiii ■ t! strike arty b!uW3 un til tli» POII r: 1 111" up, Hiiulh I'lioil) the crowil rnmi' n| mni kicked Unvmiugli for biting. AlfreH Ini liy, liriekumher gaveevideuv?" fin:i<!ii 1 1 tlmt of last witnosn Btating 1 Sin 1 .McUiiiro Olid Oavunagh " ri nniid (1 Inin of two rams" the wny tlif*v ii iticd each othur. Not muoli was done while witness vvus pruMjnt.

L. Uevi'iipoi-t mid Charles Bsntloy »ave corrohoriiirc evidence. Sergeiit'l MoArdle on oath tjavc evidenuo that mi proceading to thi' scone rjf iln; al)Vay on (bp cvtjoinp ot the Uib, mnv McG'.iire, junior, run away, »m 1 ikiw the complainant covered with I>luod so that ho did aot at firm know liim. Eventually arrested Kobert MeCmittt tor drankenuess and Thomas McCiuiro for the matter now before the Court, and for being a lopsh, idle, and disorderly jierson. Refused to allow b ii! until £2 hnd been produced for ih- vo'iny.-r McQuire.

The out (vmuvd a'. 15s) alleged to havH been (iiunugcd was here prctlucid.

Mr Pownnll said thatthare waa very little evtdi'ikv Hgaiuai AlcGuire senr., and even 11 [my assault wi<S committed it luainn.

Mr Bunny on behalf of McGuiiv junior uddiesiied the Court.

l'or (.lie Hifonco Robert McGlliro gave iliut be hud a dißjpuio Willi Cuv;tiii»gb about w'»g"B. He wiinn.'tl i.!aviimigh to give lOfla Week mid kwjt, hip (Jumnagb only wimicJ to £LVG Ha |[ wi'l-lf, Oa the night in (|U<:i>Lioii tin had an altercation with the iuforiiJiiM, Hathaway mot them in IVrrv-ntriiot, mid separated them, and witriimd wo»t away with Hutlmwuy. Jin di'i not aeo tho uturt of t)io lighi bi'tw< i'ii McGuirn jiWi and Did not lay a hand on UuViltU/fh Ijiiixwlf, He WiiQ 110 l clrtmli but li,id hml ut fow drinks. Mo wan nrruiiiiMl wlioii going; lo hco Mr I'owituli. His oallocJ OAvanagSi a " menu uiu' " lor doing the boy out gf hix v.'ngi'n. By Mr llinuiy ; IloiAW iho lighting, but did nut inlurfitrc, llj M i Ui urd : Ho wan not Dear whim tliu started. Ho did not any in' would utop hia son lighting, lie could not «« ear wliotbur I ttvatltigh jjgriockcd liiui inio tlio Btrflot, Would (twi'iii Hi hi ho did Dot catoli hold of Uuviii;i|rli by tho board. By Mr lid liny : He onw both his son and Cavauogh with their coats off.

Thomas Mo Guire gave evidence that when lie went to nettle the mutter wiili Cnvansgh ho heard that his father und CWanagh had had n row. He htid a row with Cavanagh the Bume night.

By Mr Bunny: Cavanagh Struck the first blow, aud then witness told him to hit away, which he did. He wus at the Salvation Army that night, but he did not see his father at the Biirraoka on that night. Therfl was not a murk oa him.

A. Hathaway gave evidence that he aaw Cuvanagh and McGuice going up Perry street, together. Ha took McUuire away. McGoire was not drunk, hut be might have had a glass. He had been down to gat letters, and when coming back saw Tom MeGnire and Cavanßgh straggling together. He alio helped to separate them. He was 110 c present vary long but-inter-fered when be "jaw Cavanagh try to hite MeGuire.

By Mr Beard Witness took McGuire nway and told I. AUea to take him home.

William Hogg, called, gava evidence be was a groom. : He ffaa in Queen-etreet on Tuesday night, Ho saw young McGuire go rip to Gavansgh and nek him what ha meant by quarrelling with his father. Cavatiatjb then threatened to bit him, and MoGuire told him to do so.

Hy Mr J^ownall: He saw Mr McGuire, aenr,, standing by. Herbert liarsli eucd he was in Queen street on Tuesday night, aad heard some talking. McGuire said, " You bit me." He also saw Cairancgli attempt to bite bim on the arm. Edward Sayers guva corroborative evidence.

The Beach reserved decision until 2 p.m. On the Court res timing at two o'clock the Bench aaid that, having carefully considered the evidence, they bad come to the decision that the case was a most unprovoked one. Afiaeof ]os each and coeta with aolieitor'a feo 21a, or 1-4 days hard labor in Wellington Terrace Gaol ■would be imposed. A. week was given jn which to pay the fine. -