A sitting of the Court was held before T, A. B. Bailey, Esq., S.M , and G. Armstrong, Esq., J.P., at the
Court, Akaroa, on Wednesday last. R. Paurini was charged with failing to send bis three children to eebool, a breach cf the Education Aot. Mr Blank appeared for the North Canterbury Board of Education, Paurini was fined 5s and costs in euch cage. A cyclist Was charged with a breach of the Akaroa County Vehicular Bylaw, in that be rode a motor Gjcle at Duvaucbelle after sunset. Mr J. H. Williams appeared for the Akaroa County Counoil. Defendant was fined 10? and costs. Judgment by default was given in tbe following cases with costs:—L. J. Vangioni (Mr Williams), v. L. Kingston, £5 Iβ ; L. J. Vangioni (Mr Williams), y. M Din, lla Gi ; Haylock and Davis (Mr Williams), v. H. Hart ley, £1 5s 9d. 11l the judgment summons cast Wardell & Co. (Mr Williams), v. E Paurini, £10 ,19a,1d, defendant wai ordered to pay at the rate of £l pei month. In the case Maliog & Co. (Mt A 1 Donnelly), v. Geo. Irving, £4 83 Id, an order was made for defendant to pay at the rate of 25s per quarter. Assault Ca^e. Arthur Hunt was charged with the assault of Charles O'Reilly with intent to do him bodily barm by striking him in the fac9. Mr F. X Hunt appeared for the prosecution and Mr A. T. Donnelly for defendant. Chas. O'Reilly, blacksmith at Aka roa, sworn, said be was at bis shop on April 13th in the evening, and was getting e>rae harness for Samuel Lelievre when accused and W. Hamtnond, jr., came along Hunt invited Lelievre and Hammond to have a drink, and said to witnee?, " you've got the collar on I" and chaffed wit nasa about being prohibited. Witness Raid he would 'smack Hunt',s nose. Hunt, who was mounted, asked him to come and do it. Witness caught bold of Hunt's bridle. Hunt then took his stirrup iron off and said be would knock witness's brains out. O'Reilly then let the horse go Accused then got off bis horso, and hit witness, and he was unconscious. He did not know how and with what be was hit. Hβ bud been five weeks in tbe hospital since and was paralyped and could not work. He was still under treatment To Mr Donnelly : He had been pro hibited for some years' past, and bad no liquor on April 18th. The hotel was 50j(i3 from bis shop When be first spoke to Hunt be asked him to call ii. Lelievre from- tbe hotel Lelieva and Hammond came out acd went to tbe shop Lelievre walking Witneps. aeked Lelievre for money before be gave him the gig and harness which bad been done up. Hammond and Hunt advised witness to give the gig to Lelievre because they wanted to go home to German Bay. He again refused. He did not then walk to wards Hunt and address any insulting language to him. He did not call Hunt a number of times. Hunt did not ride away from tbe rest of them a little distance; He did not say to Hammond he would give up the gig if that b— — Hunt went away Hβ did not use any insulting language except when Hunt chaffed him about being prohibited. He did not walk after Hunt on the German Bay road, and did not follow him to tbe hotel or use insulting language to him. He did not know whether any of the three bad a drink. When accused turned his horse towards plaintiff be banded a glass to Lelievre. He did not again make use of insulting language. He told Hunt he was a coward for taking bis stirrup leather and iron off. He did not threaten to throw Hunt and hi 3 horse together. When Hunt dismounted the horse was between them. He did not attempt to strike Hunt on tbe horse. Hunt came round the horse to meet plaintiff. He' did not make a rush at Hunt or strike him at all or shape up. Hβ did not "look for tight." Hunt simply struck him, and be knew no more. His broken toe made it awkward to stand To Mr Hunt: It was between the shop and tbe botel be was struck. He did not see accused with a glass. Mrs Annie O'Reilly, wife of the plaintiff, gave evidence that she went' towards ber husband's shop between G nnd 7 in tbe evening, and saw Ham mond end Hunt carrying O'Reilly up tbe road Accused said he was sorry for what he bad done. Her husband was unoon?ciouc, and there was a lot of blood about bim. He was bleeding at the nose. Her husband had not worked since. To Mr Donnelly: Hunt, when be waR carrying O'Reilly, did not pay O'Reilly bad hurt himself. Hum asked if he should go for a policemen, but witness said there was no need. O'Reilly was carried half way up tbe road, and then came to and walked borne himself. He then seemed con eciouß. There were traces of liquor on plaintiff. Tbe doctor saw O'Beilly two days' later, on April 15th, witness thinking he was getting worse. Hunt did not say be was bitten by O'Beilly as be was carrying him To Mr Hunt: Plaintiff had been home for tea, and went down to the shop in bis coat sleeves Samuel Lelievre, farmer, of German Bay, gave evidence that he was in Waeckerles Hotel with Hunt and Hammond on April 13th- They bad one drink together. Witness went to get bis gig, and O'Reilly refused to give it and threatened to punch bim. Hunt and Hammond then came along; Hunt told witness not to hie bim, and O'Reilly then used bad language tc Hunt. Hunt then went away, anc O'Reilly let witness have the gig Witness then called accused back and tbe three bad a drink. Hunt bac hie drink outside, and O'Reilly cami up and took bold of tbe horse's reins O'Reilly wanted Hunt to get off bis horse, and Hunt eaid he would see bim to-morrow. He did not see ac oused take off tbe stirrup iron. O'Reilly said be would throw Hunt's horse, and started to do it. Hunt theti got off his horse and took off his coatd O'Beilly first ail; at accused and missed, and then O'Reilly either was bit by Hunt or fell backwards. To Mr Donnelly; Hunt told O'Reilly
to give witness tbe gig. O'Keilly tb n used bad language to him. It looked as if O'Reilly trippfd when be fell. He . balped Hunt to carry O'Rielly home.' Whpn they gofc half way Hunt dropped O'Reitly'p head, wbioh bf was carrying. Hβ did not see O'Reilly bite Hunt.
Dr C. S. Cantrell, medical praofci lioner, gave evidence that he attended O'Reilly on April 15. Plaintiff wa« then paralysed in tbe left arm and leg and partially paralysed in the face, He was improving when be left for the hospital. There was no sign of a blow, but a blow oouid have caused the paralypis A shock or a blow could have caused hemorrhage of the brain, which caused tbe paralysis. To Mr Donnelly : Hemorrhage of tbe brain may have been caused by anything other than a blow or fell, either by his then condition or aloho lie babifcs.
Mr Hunt said there were two more witnpppea to be called, and asked if tbe Bench would deal with the case summarily.
The magistrate said there waa no case to answer. O'Reilly admitted be waa eggressive, and was probably excited. A blow may have been struck or may not, but this waa not necessary to cause hemorrhage accord ing to the medical evidence. If a blow waa etruok there should have been a mark noticeable after two days. He would dismiss tbe case.
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S.M. COURT., Akaroa Mail and Banks Peninsula Advertiser, Volume LXXV, Issue 3473, 9 July 1915
S.M. COURT. Akaroa Mail and Banks Peninsula Advertiser, Volume LXXV, Issue 3473, 9 July 1915
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