MAGISTRATE'S COURT.

Thomas Coles was charged at the Magistrate's Court, io-ilay before Mr H. W. Robinson, S.M., with having assaulted a Chinamen named Tong Chong Qui. The case was heard at the Police Station fn consequence of tlie Court undergoing renovation, and the room was most oppressively ciowded with people. Tong Chong Qui, a Chinese market gardener of New Street, gave evidence stating that he was working in the Vanguard Street Chinese garden on Tluusday afternoon last with th-ee other Chinamen, Ah Kow, Ah Ling, and Ah Chim. Accused came into the garden and swore at witness, who told him to go away, but he refused to go. Accused took a hoe from witness and hoed up some peas which wiincss was sowing. Witness remonstrated with accused, who then went away to Ah Kow, interfering with him and also with Ah Ling, after which he came hack to witness and, after some words between them, accused hit Ah Kow on the shoulder and knocked him down.

The witness also stated that the accused, who had a horso wilh him. struck another Chinaman.

In answer to his Worship accused said he did not know auytluug of the affair. He had only heard that ho had struck the Chinamen.

The next witness wn< Ah Kow and he, like the previous witness elected to be sworn upon the Bible in the customary way. Witness's evidence baiiigiuterpreleu by another Chinaman (Willie Hoik) wus much, to the same effect as the, hist witness. Accused hit witness ou the head end knocked him down, despite witness remonstrating aud saying ho was a small man and could not fi_ht Accused refused to n° away and Tong Choug Qui went f.ir a policeman. Two women called aecnscd asking him to come away from the Chinamen. None ot the Chinamen threatened accused with any implement. Tlie blow witness received did not break the skin.

Athiid Chinese witness, Ah Ling, also gave evidence as to having worked in lhe (■ardeu whioh accused came into and trampled ou as described by (he other witnesses. Witness saw accused hit Ah Kow and T.mu Chong Qui, knocking both down. The Chinamen did not retaliate.

Ah Chim stated that he saw accused in the garden with a horse. Witness heard accused swearinc at the other Chinamen, and saw him strike Ah Kow and Tong Qui. No provocation was given. Accused was merely told by tho Chinamen to go away.

James Holmes, a resident of Vanguard Street, slated that he was riding past the Chinese gardens on Thursday afternoon Witness saw accused (Coles) and four Chinamen in the gardens. Accused shook hands with the Chinamen, and had a pulling competition over a hoe with one of them. Tho next thing witness saw was one of the Chinamen on the ground, but could not say how ho eauio to the ground. Witness thought the Chinaman had been thrown down— but not by a blow. Witness saw the Chinaman get up and strike at accused, and then he started to light. Accused identified Ah Kow as the one who had fought with accused, Several blows were exchanged. Accused either fell or was knocked over, and the Chinaman took up a hoe to strike Coles, hut he dropped it upon witness running forward with lhe intention of sepaiating them. Tong Chong Qui then came forward to separate them, and was stiuck by accused, who was got off the ground and away from the gardens partly by witness's persuasion and his (accused's) sister. Witness did not think accused was sober.

The mother of tho accused, who was present, said that the Chinamen had sat on accused and had hurt him.

iii answer to Sergfc -Major Pratt, Mrs Coles said she did not know that prior to the affair in the Chinese g.trdens accused had fimuht at Richmond and had been knocked about. She asked his Worship to make a prohibition orrter against her son.

Sorgt. -Major Pratt said that the public had a right lo be protected from such a character.

Rc-callcd, tbe witness Holmes stated that as far as he knew accused's sister hail taken no part in tho affair beyond assisting witness to got accused away, This was was the case for lhe prosecution. Accused denied nil knowledge of lhe affair.

His Worship noted that accused had already been convicted for assault, one of which was for an assault, upon Constable l'hiiir. _ It was a matter he could not pass over without a certain decree of severity, and he sentenced the accused to two month's imprisonment.

A second information against the accused in connection with tho same assault was not proceeded with. His Worship remarked that it was just a lucky thing that the witness Holmes interfered when ho did, or something more serious might have occurred. The Chinamen did not know the English ways very well, and possibly would have rc'laliatod to somo effect in their own defence.

Sergt.-Majoi- Pratt said anyone but a Chinaman would have done so."

His Worship said it would be well if when accused oome out of gaola prohibition order was obtained against him.