RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 565, 9 October 1869, Page 2

RESIDENT MAGISTRATE COURT.

Thursday, Oct. 7. (Before J. Giles Esq., E. M.) SERIOUS ASSAULT. Thomas Broggey was brought up in custody charged with having assaulted Peter and Owen O'Neil, aud doing them grievous bodily harm. Constable O'Mara, who is usually stationed at Brighton, gave evidence as to his arrest of the prisoner, assisted by Constable Irwin. He was arrested in the neighborhood of a digger's hut to the southward of Addison's Flat, and beyond the river Totara. The prisoner, on seeing the constables, ran into the bush, but was pursued and captured. On the charge being read over to him, the prisoner said "I was drunk . when that tumbler was thrown."

Dr Thorpe: On the night of the 28th September I was sent for, to 20 to the Oddfellows' Hotel. I found the room in great disorder, and the chairs and other articles smeared with blood. I saw two men —Peter and Owen O'iSeil bleeding profusely from wounds in the head. Peter O'Neil seemed to be most seriously injured, and I attended to him first. On clearing away the blood from his face I found a lacerated wound extending from above the left eye across the root of the nose, and terminating at the inner angle of the right eye. The angular artery had been cut across, and was bleeding profusely. The wound severed the integuments and other structures covering the bone, and I found a depressed fracture of the bone. The bone was driven in a quarter of an inch. The nasal bones were also broken at their junction with the frontal bone. There was also a slight incised wound on the upper lip, and some other small abrasions about the face. The man was ex tremely faint from loss of blood. The frontal bone was driven in, but I am uuable to say whether the depression or the fracture extended to the inner frame of the skull. I was shown some broken tumblers. The wounds were just such wounds as would be produced by these or by a circular-edged instrument. The man was removed to the Hospital, and is still there. He is not at present able, with safety, to attend the Court. The wound he received was a dangerous one. It was a wound which apparently involved danger to life. No symptoms of injury to the brain have yet shown themselves. I subsequently attended to his brother Owen, who "Was suffering from a lacerated wound on the scalp, situated above the right temple, about 2£ inches long, dividing the scalp, and laying bare the bene. He had also lost a large quantity of blood. That wound might also have been caused by such an instrument as a glass tumbler being thrown at him. The wound did not, in my opinion, involve present danger to _ life, though no scalp wound can be said to be free from danger. The wound is not yet quite healed, but is going on favorably. the prisoner : I examined Owen O'Neil's wound within the last hour. By the Court: Ido not think that Peter O'JNeil is yet in a fit state to k'ive evidence at the Hospital, if the prisoner were to be present during the examination.

Owen o'jNJeil: I am a storekeeper at Addison's Flat. On the 23th of last month I was in the Odd-fellows' Hotel, Westport, in company with James Bissett, John Farrell, my brother, Peter O'Neil, and some others. We were playing a game of cards. The prisoner came in after we had played one game, along with some others, and they sat down to play by themselves at the end of the table next the door. M'lnerney took out some money to pay for drinks, when Dan N'Namara said they were only.to play one game, After they had played for some time, there was some "bouncing" among themselves. Broggey said they would have drinks, and he ordered some in. He was talking loudly, and, looking towards me, said he didn't care for any man. When the drinks were brought in, he lifted a glass and threw it at me. It struck my hat, cut it through, and wounded me on the right temple. I was at one end of a table, nine or ten feet in length, and he was at the other end. He next threw of the glasses at my brother, both of which struck him about the head or face. The fourth glass he threw at the kerosene lamp, which was broken and extinguished. Blood flowed profusely from my wound and from my brother's wounds, which were afterwards dressed by Dr Thorpe, After the glasses were thrown, Broggey,

M'lnerney, O'Loughlin, andM'Namara ran put of the house. I cried out for the police, but they pushed Lempfort aside and went out. M'lnerney came afterwards, looked into the room, and went away. Constable Hunter entered about ten or fifteen minutes after we were wounded. I have known Broggey about a year. I have nodded and spoken to him in passing, but I have noticed lately that he seemed to have some resentment against me and did not acknowledge my salutes. I never did him any injury, or had any angry words with him. The Magistrate to the prisoner: Do you wish to ask the witness any questions ? The prisoner : No ; there's no use asking that man any questions. By the Court : The prisoner and the others with him appeared to be quite sober.

John Farrell, who is in the employ of Mr Lempfort, of the Odd-fellows' Hotel, corroborated O'Neil's evidence ae to the throwing of the second glass. He stooped to avoid the others, and immediately afterwards the lamp was extinguished. When a light was brought, he saw that both Peter and Owen O'Neil were bleeding a great deal from wounds in the head. He picked up the broken tumblers, and they were afterwards taken away by Constable "Williams. The prisoner might have had some drink, but was not drunk. In reply to the prisoner, he said he only found two broken glasses on the floor, and some pieces of broken glass. Constable Williams identified glasses produced as those which he had obtained in the hotel after the assault. Charles Lempfort gave evidence supplementary to that of the witness Farrell. He was in the bar when he heard Owen O'Neil exclaim " That's rather hard." He entered the room and saw Broggey throw a tumbler at Peter O'Neil, whom it struck on the head. Broggey lifted another tumbler. The witness tried to prevent him from throwing it, and he threw it at the lamp. The kerosene was spilt, and burnt on the floor. The clothes of one of the party sitting below the lamp also took fire, and the witness tried to put out the flames. By the time that was done, Broggey had left the house. In reply to the prisoner, he said four drinks were served in the room before the glasses were thrown. Inspector Franklyn asked for a remand until Peter O'Neil should be in a fit state to give evidence. The prisoner, when asked if he had any witnesses to call, said he had not; one man was as good as another to him as a witness. The Magistrate considered that, as far as the evidence had gone, there was quite enough to justify a committal, but he had some doubts as to whether he should commit the prisoner to the District Court or to the Supreme Court. That would depend upon the state of Peter O'Neil, and he thought it better to remand the case until that witness was able to give his evidence. He would remand the case for eight days. The prisoner was remanded accordingly, and was removed in custody.