RESIDENT MAGISTRATE'S COURT, HAMILTON. Yesterday.

Waikato Times, Volume XVII, Issue 1439, 22 September 1881, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON. Yesterday.

TiiuE.nvv — B f. re H. W. Noithcroft, Es i , "R M., iii d His Worship tho Miyor.) Drunkenness and its Effects. WiiLNLznii Dick of was charged with being ot un-iound mi'id, brought on by p\co-hive drirtkim.'. Ho wis also charged with diunkeunes>. Sergt. MctJovcrn statel that the ac-cu-ed when brought in on Monday was very wild and ccceritnc, and appeared to ]>ti huftenug iioin lUlnutm traitun,. Since then he had got much better. He had found the accused's character to be good, and had n ) desire to preia the charge, • although home punif-hment should be inilicted. Aftoi hearing tho evidence of C'HJsta'ilo Wild, the Bench influ ted a fine of 10^ aud cost-, 01 4S hourt lmprisonu.cut. Assault. John Ooidon, ATarguet Gordon, Hugh Mi.Nally, jn.d John Brott. weie charged with having ori tho night of the 10th violently a«siulted mid beaten one William Peacock. Seigfc. jM< Govern inosecuted, and the accused, who weie undefended, pleaded not guilty. The h'rsb witness called was William Peacock, a laborer, residing in Huniill on Eust. On being sworn he said he knew defendants. On last Friday night he wat in company with a man mimed Greaves, and went to Goi don's hou-e. He was a little the woise for liquor. To the best of his recollection he was asked to go inside, and There ha found the four defendants. He did not remember saying 1 anything, bnt there was a Miufflo, and he was knocked down, he could say by whom. Af fcerwardb he was shoved out of the front door, he believed. When he got outside the front fence MoNally struck him in the face and knockpd him down. He had a faint recollection that they jumped on him, and McNally moreover tore his coat (produced). Could not say whether he gave any provocation. By Gordon : I 1I 1 do not remember saying anything- to you when I we&t into your house. I do' hot remember hitting you. By Sergeanffc M 6 Govern : I had a small switch in' my.habd' when I went to Gordon's. . John Greaves, a labourer working" in the Piako Swamp", knew the defendants and last witness, in whose company he was lasii'Ffiday 1 night aoo'ut'll o'clock. He left Peacock outside Gordon's house, in the street. Se lodged at Gordon's. When he, gob, in; h^ lay onliia bed in his clothes." Ho liad had a little drop of liquor, ; b,ut w^s.not drunk. The next he saw of Peacock was inside the house, where' wer¥ also the four defendants. Peacock was asked to come in the house .by some of the defendants. When he was on his bed Mrs Gordon an&JMxiNally oarae intojijs pom anjl tpld hjm p. friend wanted "him. ' When'he"' j?ot into the kitchen he saw Goj-don knocking Peacock down. Witness '-ip^erfered ' to aaver him, remarking that if they lef6 him alone he wouldigOjhonje v v He,saw Gordon put his kuee on Peacock's chest, and Mrs Gordon kicking him. 3n t T^te, other fcwo defendants 'were close by. This was in the back yard. Could not swear that either McNally or Brott assaulted-hitri. . < » By Gordon : You did not tell me to cleafcyutf because I tfas.'a thief J. McNally did ridt throw. ae*outi< f - \J George^ Kelly, 'a- darter -i-«,siditfg in /

asf, knew the defendants and the plaintiff. Lived near Gordon. Kemembered last Friday night, about halfpost 11, hearing 1 a ro^in Gordon's house. He heard cries aa- if' some person was being unmercifully, beaten. He then went for the" police*. J Constable : Murray, I 'swornj 6aid that near midnight on the 16th the last witness informed hifcfQiat wag a row in Gordon's house, in Cook-street. Witness went down un<t found things ' pretty quiet. After a little delay ,the door was opened and he went in, and Gordon informed him that Peacock and Greaves had been » fighting in. the house, and he' had bundled them both out. While he was (speaking to ' Gordon, Greaves came out of his bedroom, looking as if he had been severely handled, blood being on his face, and his shirt all torn to ribands. Gordon made no complaint about being assaulted or about stealing money at all. Greaves, who was sober, told him that Peacock > ( had been ill-used^ and he went to his house, where he found him covered with blood. * ■ • - T3y Margaret Gordon : You did not tell me when t arrived that Peacock had knocked Gordon down. You said you thought you could do as you liked in , your own house. To the Bench : The defendants did not make any complaint about Peacock. On the'day I served the summons Margaret Gordon told me that Peacock had cut his face by falling On the bricks in the yard. Greaves informed me that he was afraid to coino out of his room till I got there. This was the case for the prosecution. Another Case. The defendants McNally and Brott were further charged with assaulting J. M. Greaves. The prosecutor on being sworn stated that he was lodging at Gordon's, and on Friday night while he was lying on his bed he was assaulted McNally commenced by striking him in the eye. He gave no piovocation whatever. Biott called him by an offensive name and kicked him while on the floor. Witness was cross-examined by McNally, but he adhered to his former evidence. Henry Tristram, a butcher, residing at Hamilton East, sworn, deposed that on Friday night he heard a row. He went outside and saw Mrs Gordon with a candle in the yard, and Brott trying to pick up Peacock, telling him he had been struck by mistake. Shortly aiterwards Gre,vv«?!> was slung out, and witness saw McNally strike him and Biott kick him. Before this he had heard Mrs Gordon say to someone, " .Sling the out.'"