RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 966, 30 April 1872, Page 2

RESIDENT MAGISTRATE COURT.

Monday, Apkil 29. (Before J. Giles, Esq., E.M.) ASSAULT. Ann Connolly was charged with assault She pleaded not guilty. Michael Gilday, miner, deposed that be was at prisoner's house in Lytteltou street, on the morning of the 23rd instant; somewhat the worse for liquor. Had a few words with her and got a blow either from a tumbler or bottle, which stunned him and caused the blood to flow freely. On recovering himself he hit the prisoner and also gave her one or two kicks. He afterwards staggered away to the Occidental Hotel and was there attended by a doctor; and had since been admitted to the Hospital, where ho is still under treatment. By prisoner: Was at your house before daylight. Was drinking at the Empire afterwards with some boatmen, and then came back again. When first at your place I lay on your bed and said I would not go out until daylight. Don't recollect asking you to shout. You brought in some gin and I drank part of it. Two other men were there. Don't recollect falling off the bed, nor you wiping my face and offering to get some plaster. Have no witness to prove you assaulted me, and never knew you guilty of such an act before. Nothing but words passed between us previous to the blow being struck. Constable Meredith gave evidence as to seeing the prisoner at the door of her house on the morning in question wearing a dress covered with blood. He asked her what was wrong and she replied that she had cut her arm. Witness, afterwards hearing that a man had been nearly killed at her house, went there again and found the doors fastened. Looked through the window and saw her lying on the bed. She refused to open the door, but afterwards came out and witness arrested her. Previously noticed a pool of blood at the door. Examined prisoner's arms, but could find no wound on them. The inside of the house was bespattered with blood; witness followed traces of blood which led to the Occidental Hotel; where witness found the complainant lying apparently asleep, his nose being covered with freshly applied plaster, and his clothing " smothered in blood." Later in the day again saw complainant, who was then bleeding freely from a severe wound on the nose. By prisoner : You did not offer to show me a cut on the arm. When I asked you to open the door you replied "oh no! you don't have me this time." You generally take to your heels when you see me? (Prisoner : Of course, that's my best play.) You did not ask me who had laid the complaint against you. Don't recollect your telling me it v;as Mick the Q-ainbler who had been in your house. Found no bloody dress in your house. You had a clean one on when I arrested you. Don't know that you misconduct yourself in any way except getting drunk.

Dr Samuel Thorpe gavo ovidonce an to the nature and treatment of the wound, stating that a principal blood vessel had been severed, and tho bones forming *he root of the nose broken and depressed ; the injuries apparently inflicted by a violent blow from some sharp edged instrument or missile. The blow might possibly have been caused by a fall on some hard substance ; but witness did not think it probable. By prisoner: Cannot state whether complainant was suffering from the effects of drink. He was extremely faint from the loss of blood. Am not prepared to state that the wound might have been caused by the man falling on the projecting iron foot of a table. Prisoner, who gave a general denial of the accusation, was committed for trial. CIVIL CASES. Dickinson v. Milne.—Enlargement of time for 14 days granted for service of summons. Thomas v. Wella.—Struck out. Thomas y. lludovick.—Ko appearance. Wardrope and Brown v. King.— Enlargement of time granted for service of summons. Thomas Nelson King v. Chambers. —No appearance ; struck out. James Simpson v. Antonio Thomas. —Judgment summons. No appearance of defendant. Plaintiff gave evidence as to defendant possessing sufficient means to satisfy the claim, he having, as boatman, made three trips up the river since the Bth inst. Order for payment in 14 days, or in default one month's imprisonment. Braithwaite v. Kenneth M'Leod and Pierre Boissart.—Mr Fisher for defendants. Claim for £67 6s. Debt admitted with the exception of one item —£36 10s paid for building dam for defendants. Some lengtby evidence was given on this point. Plaintiff stating that at the request of M'Leod he employed three men to build the dam required, who accepted the work only on the condition that he became responsible for payment, and that the work was douo to his satisfaction. In Gross-examination he admitted that the men were indebted to him for goods supplied, and the price charged for the dam was deducted in equal proportions from their current accounts. For the defence several witnesses were brought forward to prove that the new dam, instead of being built five feet above the original dam, barely exceeded three feet, and the stuff, instead of being taken from the inside of the dam, and thus causing an increased area for water, was chiefly taken from an adjoining hillside. After hearing the evidence, the Magistrate decided on deferring judgment until 10 this morning.

Braithwaite v. M'Leod.—Claim for £l9 13s 6d fop goods supplied. Judgment confessed. Defendant adjudged to pay the amount in two fortnightly instalments.