POLICE COURT.—Thursday.

Auckland Star, Volume II, Issue 310, 6 January 1871, Page 2

POLICE COURT.—Thursday.

[Before Dr. Home and Captain Wynyard, Justices 3 Assault.—Edward Nolan was charged by B. Delapiani with haviug violently assaulted him at the North Shore on the 27th December last, by striking him on the head with a stick. Mr. Joy for the prosecution, Mr. Rees for the defence.—B. Delapiani deposed that he .had had a civil summons to serve on Captain Nolan. Had tried for two months in vain to serve. On Boxing-day he went to the Lake, and having the summons in his pocket, when he saw Captain Nolan, who had a large stick in his hand. He was'afraid to go to him, and took Mr. Leaning with him as a witness. Nolan lifted the stick and threatened to knock witness's scalp off, calling him a perjurer and informer. On serving the summons Nolan threw .the summons back at him, and struck him on the left eye with the big stick. Witness fled from the crowd, which had • taken Nolan's side, and raised a small cane to defend his head.—Cross-examined by Mr. Rees. —Charles Lindgran, deposed to the facts preceding ihe assault, and continued : The blows were struck-, by both parties, but who struck the blow first I could not say. I saw blows struck by both parties. I saw I lelapiani't stick bi-oken.—Cross-examined by Mr. Rees.— This concluded the case for the prosecution.— Patrick Nolan (a, little boy) deposed :I am no relation to defendant. I saw defendant, his daughter, on tha beach. Delapiani crossed them there. They then went up to the tent. Dellapiani gave him a paper. Then Delapiani went a few steps away ; then came back and struck Captain Nplan. I w*3 about a yard from the Captain, who did not strike Delapiani before this. lam perfeotly certain

about this. The butt produced was broken off Delapiani's stick by the third stroke ov the Captain's head. The handle was bloody when I picked it up. Then Delapiani dragged the Captain down on the stones, and struck him, and put his knee on the Captain s chest, aud said by , I wish I had my km c here. A young man then d-aggedhmi off, and Delapiani' struck him on the head with his stick, and stunned him. The crowd then attacked Delapiani. Delapiani then ran up among the women, and asked them to have mercy on him and protect him. —He was cross-examined by Mr. Joy, and his statements wavered considerably.—Annie Nolan deposed : After passing and repassing us on the beach, Delapiani came up after us, and gave my father a summons. Dellapiani turned round two or three steps to go, but turned round and gave my father three successive blows on the head with the butt end of his cane. Me then dragged father down by the hair of the head on the rocks. I screamed, and people gathered round, and said it was murder. My father did not strike Delapiani. I a-n perfectly certain of this, for my father had sprained his arm some months ago, and was not well.—Crossexamined by Mr. Joy.—The case was dismissed.