RESIDENT MAGISTRATE'S COURT, CAMBRIDGE. (Before W. N. Searancke, Esq, R M. and Major Wilson. J. P.) Criminal Side.

Waikato Times, Volume X, Issue 546, 18 November 1875, Page 2

RESIDENT MAGISTRATE'S COURT, CAMBRIDGE. (Before W. N. Searancke, Esq, R M. and Major Wilson. J. P.) Criminal Side.

McCall v Haolin, This wasiia inform*tion for an assault Mr Madden for informant mnd Mr Whitaker for defendant John Robert McCall deposed : I was coming down the road on Friday 12, when I saw defendant. He accused me of stealing something from his place. I denied it He repeated it and I called him a liar. He then struck me in the face over th#, right eye and knocked me down. As gdpup he struck me again, and I then struck, at him with my whip. He took it and threw it into a garden. My brother was there. McCann was not there. Ho was 20 chains off I passed him on tha road before I met Hanlin. I gave him no provocation except calling defendant a liar after he accused me of stealing. Cross-examined by Mr Whitaker. Th« horses went on whilst the Altercation took place. My brother was with them. I called him nothing but what I have said. By the Bench. There has been no dispute between Hanlin and myself before this. McCall, (not sworn) brother of informant said : I recollect last Friday. I was with my brother on the Cambridge road. I saw Hanlin hitting my brother. Ha knocked him down. I then saw my brother hit Hanlin with a whip. I was standing before the horses keeping them on the road. Mr Whitaker applied that tha information be dismissed, on the ground that the evidence shewed that the assault was justified. After some discussion the Court decided to hear evidence for the defence. John McCann said : I was on the Hamilton road on the day mentioned. I saw McCall go to Hanlin and heard something about cattla I heard McCall call Hanlin a b y liar. lam sure the adjective was used. McCall came up and struck at Hanlin with his whip. Hanlin knocked him down. lam sure McCall struck first. I was near enough to hear and see. Hanlin v McCalL This was a crossinformation for assault, arising out of the same circumstances. Mr Whitaker for informant and Mr Madden for defendant Michael Hanlin gave similar evidence to John McCalL After counsel had addressed the Court, both cases were dismissed, each party to pay their own costs.