RESIDENT MAGISTRATES COURT.

Waikato Times, Volume XIII, Issue 1112, 9 August 1879, Page 2

RESIDENT MAGISTRATES COURT.

CAiAIBuiDGE, Wednesday and Thursday,

(Before H. W. Norfchcroffc, Esq., R.M). John Thompson., a plumber, surrendered fco his bail fco answer a charge of assaulting John Paul, bootmaker, on the night' of 27th July last, with intent to do him grievious bodily harm. MrW.,M. Hay for the prosecution, and Mr Hesketh for the de-

fence. John Paul, the injured man, was the first witness called, he appeared very weak, and hud his head bandaged up,, and a black eye. Being sworn, he deposed, my name is .John Paul, I am a bootmaker, residing m Cambridge. I remember the 27th of last month. I was m Mr 'Kirk wood's hobel about S.c ] .ra. I left there, .and came up th_ street towards the Masonic Hotel with another man who accompanied me from Mr Xir k wood's, wo went into the Masonic. When Mr Rose saw me he ordered the bar to be closed ; there were a lot. of people m the bar at the time. I left fche hotel and stood outside at the corner of his house for a few minutes. I there saw Makchi Fechan, and bid him good night. He warned me to go home, bnfc I took no heed. I left him and went_ as far asllewettcorner. I stood there a short time and came back again on the other side of the road. I got as far as Mr Jechlin's place, gob through the wire fence, and went into fche house by the back way. I was quite sober ;" it \A-*as about 10 p.m. I was there a short time, aud Malacbi Feehan came m and warned me again to take care of myself, that ii 1 didn't mind Myself I should get a beating. He went out, and returned again, saying they were waiting for me outside. I then .took a tomahawk .up, but Jeehlin took it from me, so I secured a peiee *of firewood as a protection (produced). I Mb then by the back way and went out by Mr Bate's gate into the street and on towards Mr'Keesing'ashop, Avhen just past the shop the prisoner pounced ou 1 ; upon me from a small gate-way besido the house. I did not see him till he avus on me; if he bag been on the foot path I shood have seen him. (A sketch plan of Duke-street avus handed to Paul, aud he pointed out Avhere prisoner jumped out from.) He said nothing to me, but hit me m the face between the eyes, and knocked me down, giving me this black eye. I mado an efforb to get np, when he kicked me iv the side. I fell again, and the stick I had brought was pulled out of my hand, cutting my fingers with the edge. I then gob v blow on bhe bead with a stick, I was knocked senseless Avitli that blow, and dont know if I avus hit amuu. I cried oiifc- murder when I got the kick m the side. I am sure the prisoner is the man who committed the assault. I have not the least doubt that that is the man that struck me first. He also-kicked me m the ribs. I think he is the man Avho book" the stick from mo. I saw no one. else there It -was lighb enough to recognise him. I did nofc see him go away. 1 cant say how long 1 lay, after the' blow, bub when I gob up, I crossed the road opposite Mr Asher's. I got jnsb past Mr B right's house, and then fell. (Paul, here, appeared faint, and asked for some watei.) I fob on my feet again, and got, as far as tho fence, between Mr Gemmell's and Mr R. Kirk wood's, and fell to my knees again. I think ifc must have beeu weakness,- from loss of blood, tha 1 ; m-ide me fall. I was saturated with blood. I am quite sure I was sober then. I gob to .Kirkwood's back don-.. Mr Kirkwood leb me iv, nnd I remember nothing further till after I v/a>?^p bed. There were several m the room than. I described the man who struck me, to Brsnnan. I dont j know if I toid Mr Kirkwood who struck me. I dont kuow whether Mr Wright or Mr Allora dressed the wound. Dr Waddington saw the wound next day (Monday.) Cross-examined by Mr Heskefch : I am still suffering from the effects of the assault. I am perfectly satisfied prisoner is the man Avho struck me. (J. P t ead, brought into Court.) lam sure that is nofc the man. ; (T. Barfield, brought m.) That is not fche man. I know him too. .well. If one of those men swear they assaulted me, I wont believe it, regardless of what any one might say, lam sure prisoner is the man. I am as "certain prisoner is the man Avho assaulted me, as I am that I was assaulted. I brought Barfleld up for assault sometime a^o, and he Avas fined. Ib mighb have been two months ago. T did not consider that a serious assault. Sometime after, he beat ) me again, m the house I was livin"* m. My two children .were there then. He blackened my eyes. I did not briug him to 'Court, as I liad no witnesses but my children, who are too young. Before tho first assault, we had a disagreement about money matters. It was on the day of the disagreement that tlje first assault was committed. Ihe differences about money matterstill remain as they Avere. I gave him no provocation on either occasion. I gave no provoc . vtion to prisoner, on Sunday night. ' I never spoke to him. I do not know if Barfield had any ill foefing against me. The conviction might; have produced iU-will. j; never apoke t«

prisoner, or had any dealings with him? 1 have no acquaintance with him, and can. sugges: no motive for his striking me. When I foil, he came on his knees beside me. My trousers were all muddy and covered Avith blbod. I don't ie mem ber closing with prisoner, but, when on the ground, I struggled to get up, and then got kicked. I had taken four glasses of whiskey, between dinner and 9 p.m., and a glass ot beer at dinner. I don't remember Avhether I drank i.»ny brandy at Jechlin's. On receiving the third warning,' I got uneasy, and wanted to go home. I was refused drink at Rose's, before I asked for any, bub don't know why. I went to Heweti's, but don'fc think I asked for drink there. I remember seeing Heweti's barman, but don'fc recollect asking for a revolver or life preserver. It Avas after 11 p.m. when I took the wood from Jechlin's. It was about 9.30 p.m. when I got; the first warning. I did not ask anyone to accompany mo home, and no oue offered to. I described tho man as Ba.field's mate. It. was a pretty light night, so that I recognised tho prisoner. I have nothing to say against him.

Re-examined *. I am quite sure I Avas sober. I gavo a further description of prisoner: long, black overcoat, Avhite muffler and small tweed hat, Avith very small brim. A tall young fellow. Fair complexion. Avorking at Barfield' s

Henry Kiritapu, a Maori, dejiosed to hearing the row, and .seeing* the men struggling. Hd identified prisoner as the man whom he saw striking Paul. He did not interfere, further thau telling him not to kill his mate, and then the prisoner ran away ; bub, seeing Paul rising, he turned round, and threw a largo stone at him, which fell close to witness' fecfc, and he picked it up, m case there might be a law case. (Stone produced, and identified.) Ho was about 25 feet away from tho men struggling.

The cross-examination elicited nothing, except that witness said, afc one time, ho thought prisoner was the man. Read and Barfield were both brought into Court again, bufc witness said neither of them was the man.

Dr Waddington, deposed : I saw Paul, on Monday, 28th July last. I found him very weak, from loss of blood, with a largo scalp wound on tho left side of his head. It* was right through the scalp, and 3_- inches long, caused by something sharp. The stick, produced, might inflict such a wound. I cannot say if. endangered liis life, bufc had erysipelas sefc m; it would have endangered it.

John Ansclt, painter, sworn> said he saw Paul on the night of the 27th July last, about 9.30 o'clock. He crossed tho road, opposite Hcwotfc's, and went down the footpath, and appeared to turn into a house a short way down. Barfield and Thompson came round Hcwotfc's corner, just after, and stood and talked to me. I told them not to have any of their larks with " Murphy" (Paul), and ono of them said: "Oh, there's no foar." I think ifc was Barfield. I knew of there being a grievance betweeu them. Witness, further doposcd to being m Rose's about 11 p.m., and seeing Barfield and Thompson there. Ou oross-cxamiwation, ho had known Thompson IG or 17 years, aud never heard anything against him. Pie always bore a very good character.

Malachi Fcchnn said ho warned Paul, m consequence of a conversation he heard iv Rose's hotol. He went into Jechlin's to Avarn him tho third time, and then Paul gave him 2s to fetch some brandy. Ke huav Paul going into Jechlin's, and Barfield and Thompson upparently ivatehing him from tho .opposite side of the street. Paul did not drink any brandy. Jio heard Rose say he ivould give any ono £5 avlio would give Paul a v d good hiding. He did nofc leave Jechlin's with Paul, aud heard a noise soon after Paul ldffc, bufc thought it Avas Maoris. Paul was sober.

George Jechlen, butcher, Cambridge, was called aud said he remembered Paul gpinjr to his house on 27th July m the ovoning. Ue was a little excited Avith drink, but not drunk. When Feehari cams m and warned him, ho got quarrelsome. Ho left tbe house by the back door about 11 p.m. and took the stick produced with him. I heard a row down the street a little after he left but did not go oub to sco what ifc was. Constable Bi'onuan oarao about 1.30 aud told me the front door was tied Avith a rope.

Cross-examined : Paul had some of the brandy Feoiiau brought m. We had a glass each about a quarter of an hour befo.ie Paul left. I did not think there was any daugar.

By Court : I heard Fcehan tell him not to go out of the house. I did not fear any danger. I consider Paul a quarrelsome mau at lion m liquor. He did not look like a man who had been on the spree, bufc he had been drinking that day. <

Mr llesketh drew tho attention of the Court to the conflicting evidence adduced, aud submitted that a< prima facia case had nofc been made out ; but if the Bench had the least doubt about it, ho would call two witnesses, who would prove m a few words, beyond tho shadow of a doubt, that the prisoner was perfectly innocent of the crime imputed to him. He further pointed out, that although each witness who saw Thompson that evoning saw him m tho company of Barfield, the procecubion carefully abstained from calling him as a witness.

Tho Court decided that, reliable evidence of identity had not been shown, and dismissed tho case.

A hearty cheer was given for Thompson, by the people m Court, bufc it ivas quickly suppressed. From 11 a.m. till 11.40 p.m., the Court-room (about 22 feet by 12 feefc) was elbsoly packed, and tho atmosphere Avas stifling m the extreme. Surely, some steps ought to be taken to provide a large and rising toAvnship like Cambridge, with proper public offices. The Court-house and Post Office are a standing disgrace, neither being one quarter large enough for tho business transacted m them.