RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 587, 30 November 1869, Page 2

RESIDENT MAGISTRATE COURT.

Monday, Nov. 29. (Before J. Giles, Esq., E. M.) ASSAULT. James Olives was charged with assaulting Donald Nicholson. Olives admitted that he w r as guilty of assaulting the complainant. He supposed he had given him a blow, but the complainant aggravated him so much that he was obliged to do it. Nicholson said that Olives and he were mates in a claim at a place called Nicholson's Terrace, Addison's Elat. The party wanted to send a certain member of the party to amalgamate the stuff. Olives objected, and some words arose on the subject, at breakfast time. Olives got up and "called him all the loafers, and liars, and crawlers" he could call him. On going out of the hut, Olives followed him, and asked him to fight ; adding that when he got him in the paddock he would "take it out of him." He went to get a summons to compel him to keep the peace. Olives followed him on the road, struck him, knocked him down, and used " most fearful insulting language," saying he would disable him from ever going to Westport. He (Nicholson) put his hands in his pockets and said to Olives that he would not take his hands out of his pockets for him. Olives tried to kick him, but did not do so.

The defendant put a number of questions to Nicholson as to him (the defendant) being the first person selected to amalgamate, about " Charley Schwerer," about what " Charley Schwerar's " wife would say, and about Nicholson neglecting the dam. The Magistrate could not see what con-

nection the questions had with the question of assault. Charles Schwerer and Alexander M'Lean, called hy the complainant, generally corroborated the complainant's statement as to the circumstan. ces under which the assault had occurred. Schwerer saw one or two blows struck by Olives ; Nicholson ran round a tree, and Olives struck him again. M'Lean heard the conversation about Olives not putting a sufficient quantity of stuff down. The next time he saw the parties, Olives was running after Nicholson ; and " so far as he could understand, there was every appearance of a fight." He did not hear Olives say that he would take Nicholson's life, but he heard him say he would take it out of him, and he supposed that meant that he would give him a good hiding. The defendant statement was that Nicholson, a while ago, spoke of him (Olives) as a good man —as good as two men—and was otherwise carrying lies about. Now he had turned round, and was carrying lies to Charley Schwerer. On Tuesday morning Nicholson told him he (Olives) was doing nothing, and accordingly he (Olives) turned Nicholson out of his hut. Hearing he was going to get a summons, he gave him a blow or two, but no marks. He called one witness whose evidence was similar to that of the others.

The Magistrate said no defence had been offered to the information. If the defendant quarrelled with mates, he must settle the dispute otherwise than by " thrashing" them. He should be fined .£3, with the complainant's costs, with the exception of the expenses of M'Lean, whose evidence, he considered, had been unwillingly given. Failing payment of the fine, a week's imprisonment. The defendant said he had no money, and would go to prison. In reply to the Magistrate, he said he had property —a share in the claim and the Magistrate said the amount would be recovered by execution.

An information against Ann Connolly by Jane Lockyer was adjourned until to-day, the police having stated that, on visiting her babitation, they found Miss Connolly in a " state of shivers " and delirium.