MAGISTRATE'S COURT.

WiDNISDAV, BEPTBMBBB 16.

(Before Mr H. Eyre Kenny, S.M.)

ASSAULT.

Jm. Fitzsimmons was charged with having on 12th fast, asiaulted Ah Chang. Mr Barton appeared for the plaintiff. Ah Chang said he had been having a discussion with Mrs Bowbery about a well, and told her she had better leave and find another house. At this the defendant had told him to dear out, and after tome words had struck him and knooked him down. He was still suffering considerable soreness from the effects of the blows. Joseph Buokland said Fitzsimmons threatened to strike the plaintiff in the jaw, but the latter stated that he did not Win* to fight. However, the defendant struck him three or four times, and eventually knooked him down. Witness, oross-examined, said he did not hear Ah Chang use bad language, bat beard the defendant use iota*. Jts. Regan gave evidence corroborative of that of last witness. G. fhlllipi also gave similar corroborative evidence. The defendant fcUted he came in and Mked Mrs Bowbevry if.she was going to fill In the well. BheWd "No," and then Ah Chang said he would kick her Out of theb— — place. As he was using insulting language, the witness 1 thought it was time to interfere. He told the Chinaman he would put him oat of the yard, and was about to do bo when the Chinaman rushed him. He (witness) then hit the Chinaman. To Mr Barton : Ooald not say why the evidence of previous witnesses should flatly oontradiot all he said. Jm. Ogilvie, Borough Inspeotor, stated that Ah Chang said to Mrs Bowberry would she fill up the well ? She "Id, » No." He replied, " I'll dwell make you," and would put her out if she did not fill up the well ; also that she was " • b— y nuisance," and bad not paid her rent. Herbert Bevege corroborated the evidence of the previous witness. Mrs Bowberry also gave evidence. 1 To Mv Barton : The Chinaman pro* yoked the quarrel. Constable Boohe stated that he knew nothing wrong about defendant. His Worship sold defendant had made a most unwarranted ansault, j»nd would be fined £8 t and costs amounting to 42 Bs, in default 21 days' imprisonment. Half the fine would go to informant.