RESIDENT MAGISTRATES' COURT, WESTPORT.

Westport Times, Volume II, Issue 220, 15 April 1868, Page 2

RESIDENT MAGISTRATES' COURT, WESTPORT.

(Before J. Giles, Esq., M.D., E.M.) Tuesday, April 14. sohner t. harris. The plaintiff sued defendant as secretary of the Church Committee, for the sum of £76 10s, balance due on completion of the parsonage. Defendant had paid £57 3s, and 16s expences into Court —that being the amount he admitted as being due to plaintiff. The plaintiff, on oath, stated—ln November last I was solicited by the Church Committee to make out plans and specifications for a parsonage house. I consented to make these plans free of charge. I made one or two rough sketches, one of which was selected, and the contract was let to a Mr M'Donald, on the understanding that I was to be paid for superintending the building. M'Donald carried on the contract for three weeks. I visited the building during this time two and three times a day. Finding M'Donald was not building according to the specification, I reported to the committee, and I was told by them to inform Mr M'Donald that the contract was taken out of his hands. After I had served this notice the committee asked me what I would charge for completing the job, and I agreed to do it for £255 —taking all the material on the ground. Before I gave in my price for completing the contract. I valued the material on the ground, and made out my charge accordingly. The committee having accepted my offer I started immediately on the work. There was on this a dispute about some bricks which had been left by M'Donald, and he threatened to

give me in charge if I used tliem, aa they were not on the ground. He had purchased the bricks from Mr Beauchamp, and he (M'Donald) ultimately agreed to my using the bricks, on my paying Mr Beauchamp for them, I finished the building about the middle of January to the satisfaction of the committee. I got various sums of money on account of my work, but although I have been repeatedlv promised, I have never been able to" get a settlement of the balance. Last week Mr Harris offered me the money he has now paid into court, if I gave him a receipt in full, and as this would be making a reduction of £2O 10s, I declined to accept it and brought this summons.

By Mr Harris—l prepared the plans and specifications in lieu ef a subscription. I consider the £5 charged for superintending Mr Donald's work, a perfectly fair and reasonable one. I think I made a reservation with regard to the bricks when I sent in my tender. I do not think £9 too much for the tank and fittings. Mr Millen, stated as follows—l remember at a Church Committee meeting Mr Somner saying that if the bricks and other material were given in he would finish the building for the sum named, £250 I think. I believed at the time yonr offer was made that the material on the ground was Mr Somner's, and that the bricks were also his.

By Mr Harris—l believe that Mr Somner made a proposition before he put it into writing. As the defendant was wanted in the Distriet Court, Dr Giles adjourned the case.

(Before T. A. S. Kynnersley, Esq., E.M., and Dr Giles, R.M.) ASSAULT.

kasmtth t. edwabd duffy and patk, o'bkiebt.

The defendants were charged with assaulting one Thomas Nasmyth with stones, on the 3rd April, with intent then and there to do him grievous bodily harm. Detective Lambert, deposed—l am a Detective in the Nelson South-"West G-oldfields, stationed at "Westport. I received the warrant I now produce for the arrest of the prisoners. I went to Addison's, arrested them, and brought them to Westport. By Mr Pitt—They made no resistance.

Thomas Nasmyth, sworn—l am a laborer. I took part in the demonstration in honor of Prince Alfred's escape, on the second of this month. The next day, I, in company with other members of the procession, returned to Addison's. We numbered between 40 and 50. "We reached the township of Addison's about dinner time. On getting about halfway into the town we were singing the " Red, White, and Blue," when we were set upon by a mob with stones. I should think over 200 persons were there—any quantity of stones were flying about. I got a lick on the head with one, and another struck me on the shoulder. I identify Duffy as the man who pelted some stones at me. I met him near the camp with his hands full of stones, some of which he threw at me as I passed down the road. The stones were large, big enough to knock one down ; the other people dispersed to get out of the way of the stones. I did not hear the prisoners make use of any threatening language towards me. By Mr Pitt—l was walking along with a baker in the procession. We were walking two abreast. I was quite sober. I did not notice that any men in the procession were tipsy. I ran with the rest. I was not the first to run. I was the first to arrive in the Buller. I came on horseback. I saw Duffy throw a stone—he threw at me. The words of the song I heard were —" Three cheers for the red, white, and blue." The throwiug of the stones did not last long. I was excited at the time. I saw O'Brien throw a stone at me likewise. I cannot say whether it was the one that struck me.

By Mr Kynnersley—l heard no words before I saw the stones thrown. The men were lining the street as we came up. I did not notice if they had any stones in their hands. I heard no shouting beforethe stones were thrown. The first notice I had was when the stones came amongst us. By Dr Giles—The men who attacked the procession came from the side of the street. Several men were on each side of the street before we got up to them. The procession was not very noisy, only the song I have named was being sung.

John Hooker sworn—l am a painter, 1 returned in the procession to Addison's Plat. "We got there between one and two, I was walking alongside of William Bird, we were singing the song of " the Red "White and Blue."

A good many people were awaiting our coming, they were on either Bide of the street. "When wo got about the middle of the township the people began to throw stones. I saw O Brien at his door as we went past, I did not see him afterwards. I saw Duffy opposite the Camp, he had some stones in his hand, he was in the attitude of t'l rowing. He was standing by a heap of stones, I did nst know JSaBmyth until after this occurred. Two or three hundred people joined in throwing stones. By Mr Pitt—l did not see either Duffy or O'Brien throw a stone- No stones were thrown by our party, no other song was sung but the one I have named.

By Dr Giles —I heard no noise until the stones were thrown, after that a great noise was made. Everyone joined in the throwing. By Mr Kynnersley—l did not see any stones in the honds of the men in the street before we came up to them. The throwing commenced very suddenly. I did not see many windows broken. I cannot say whether the attack was premedidated or nob Kenneth Loulcth deposed—l was in the procession that was attacked. I was about the centre. We were singing the " Bed White and Blue." O'Brien was standing opposite his store. He put his hand on my shoulder and said " don't run." I ran away. A good many stones were thrown at our party. By Mr Pitt—l only know Nasmyth by sight. I saw him going towards the Buller with his head cut. I did not see Duffy at all. O'Brien put his hand on my shoulder in a friendly way. O'Brien was in the rear of the procession when it was attacked. By Dr Giles—l saw the horses rear, and one of the ladies apparently fall off. The stone throwing had then commenced. The first stones wore thrown at the head of the procession. By Mr Kynnersley—A large crowd were in the road as we came up. I did not see any stones in their hands. I heard a yelling as the stones were thrown.

Isabella Newton deposed—l was riding at the head of the procession on the 3rd of this month. A good many people were gathered about as we came up. Another lady rode behind me in the procession, About the middle of the township, some one caught hold of my horse's head and told me to back. I saw some of the men with stones in their hands. I saw none thrown. This was after I had been stopped. I did not see Duffy at all. O'Brien was standing in his doorway as we came along. A greater num er of men were congregated where we were attacked than at any other point. I heard no shouting.

By Mr Pitt —I did not see the procession start. I heard a song sung ; it was the " Bed White and Blue."

By Mr Kynnersley—l saw people with stones in their hands running past me. I was too excited to remember much. I swear I saw no stones thrown. My windows were all smashed. The disturbance lasted about a quarter of an hour altogether. By Dr Giles—l can form no idea as to what caused the disturbance.

Mary M'Norton, sworn I rode next to the last witness in the procession. I saw a good many men in the streets as we came along. I did not see Duffy. I saw O'Brien as we came up, standing in front of his store door. A lot of people rushed the procession, but I saw no stones thrown. I fell off my horse, my foot caught in the stirrups, and some one extricated me from the saddle. I swear I saw no stones thrown.

By Mr Pitt— was at his door, with his hands in his pockets, when we passed, this was before the row began. By Dr Giles—A general rush was made on the procession, by the people who were in the street. Ido not know what provoked the attack. By Mr Kynnersley—The men were singing the song of the "Bed, "White, and. Blue." I saw a good many men gather in from the sides as we came up. This closed the case for the prosecution.

Mr Pitt, for the prisoners, applied for an adjournment, which was granted by Mr Kynnersley, at the same time hiß "Worship remarked that he did not think the case for the prosecution ought to end here. He also remarked that the evidence showed that the procession was composed of over forty people, yet only two of these had heen summoned.

The Inspector of Police, in reply, stated that every exertion had been used by the police to get at the facts of the case ; that the prosecutor, Nasmyth, had been afforded every facility for subparaing witnesses; in fact, that the police had gone out of their

way to enable the prosecutor to substantiate his information. It was very true that the procession was composed of over forty persons, and it would have been easy to have summoned twenty of these for the prosecution, but of what benefit would they be; they would be able to show that the processionists had been assaulted, but would be unable to give the slightest evidence in support of the prosecution against the two individuals—Duffy and O'Brien for it would be necessary to identify these two men to make their evidence of any value. The Court then adjourned until halfpast ten this day.