RESIDENT MAGISTRATES' COURT.

Daily Telegraph (Napier), Issue 3664, 12 April 1883, Page 3

RESIDENT MAGISTRATES' COURT.

This Day. (Before Messrs E. Lyndon and E. Tattcn, J.P.'s.) ASSAULT "WITH IXTEXT. Thomas Baldwin, an Arabian, was charged on the information of John Pearcc Smith, of Farndon, with having', on the 11th instant, assaulted the informant with intent to do him grievous bodily harm. Sergeant Bnrtenshaw conducted tlie ease for the prosecution. John P. Smith, being- sworn, said he first .saw the prisoner .some five or six weeks sig-o at liis hotel at Famdon. The prisoner on that occasion wanted to borrow some money, and when refused expressed a hope that the I)lace would be burned down with nil in it. :Ic next saw the prisoner at about 2 o'clock yesterday. He came to witness , house as a customer. About a quarter past ") o'clock prisoner asked witness would he give him any "trust." Witness replied that lie would consider the matter. Prisoner afterwards asked witness in the bar parlor to lend him £1, and witness said he had none to lend. This took place a little after •"> o'clock. Witness then left prisoner and went into another room, where the prisoner followed him. He asked witness, "Have you anything- against me?" At that time the prisoner looked a little bit excited. He had one hand (hi.s right) down by his side, and with Uie other ho touched witness on the left arm. Witness, in reply to prisoner's question above, said, " No, I have nothing n-'ainst you." Prisoner then said, " You have," and raised his right arm. Witness felt a dull prick on his elbow through the folds of his shirt sleeve which was rolled up. He then struck witness in the ribs, when witness noticed a knife in prisoner's right hand partly closed. It was a common pocketknife. The blade of the knife was turned down across prisoner's fingers when witness first noticed it. Witness then collared the prisoner and put him down on his back, and called for Anderson to come in and take the knife out of his hand. When prisoner heard the man coming he dropped the knife, and it fell on his (prisoner's) chest. The knife was picked up by Anderson. The knife produced is the one the prisoner had. Witness sent Anderson for Constable Pickering and gave the prisoner in charge. By the Court: The knife left no mark or scar on my arm. The blow was not a fierce one. It was more like as if the prisoner intended drawing the knife along my arm than an attempt to stab me. The prisoner was sober. The blow I received m the ribs was not a heavy one. By the prisoner : I did not call you into the room. You did say .some months ago that you would not come into my house again. The prisoner here explained that he did not understand all the witness had said in his evidence. Martin Anderson, a carpenter residing at Clive, said ho was at Smith's hotel at Farndon yesterday evening- between 5 and (> o'clock. Mr Smith called out " Mr Anderson, come here quick." Witness went into the parlor and saw Mr Smith holding the prisoner down. Witness picked up a knife (produced) from the prisoner's breast. The knife was only very slightly open. Mr Smith asked witness to go for a policeman. He did not <'o, however, but sent a boy for the constable. Witness closed the knife and handed it to Mr Smith. Did not think the prisoner was drunk, but he looked very excited. He walked away right enough. Mr Smith said the prisoner had tried to use the knife on him. This was said in prisoner's presence. Constable Pickering deposed to having , arrested the prisoner at the Famdon Hotel at about 0 o'clock last night. When witness entered the hotel parlor he saw priKoner lying on his back on the floor held down by two men. Mr Smith was standin" , by and gave the prisoner in charge for having attempted to stab him. Witness conveyed tie prisoner to tlie Clive lock-up,

and subsequently Smith handed witness the knife produced. The prisoner was under the influence of liquor, but could walk. After being locked Tip he became rather violent. By the prisoner: Never heard any person speaking bad of you while you lived about Clive. I heard that you and another man tad had a fight at the boiling-down works. Ton were under the influence of drink, but knew what you were about when I locked you up. This closed the case for the prosecution. The Bench, after a brief retirement, returned into Court with the following decision:—That, after hearing the evidence, it had been decided to dismiss the information, but the Bench orders that a fresh information be laid by the police charging the accused with a common assault. This having been done, the prisoner was formally charged with having unlawfully assaulted and beaten John Pearcc Smith, and pleaded not guilty. The evidence in the former ease was repeated. The prisoner made a long statement to the effect that, owing to a disagreement he had with Mr Smith some time ago, he resolved never to enter the Farndon Hotel again, but yesterday, when passing on his way to Marackakaho, he noticed a man in the door of the hotel that he wished _to speak with, and together they went inside to the bar and had several drinks. Some time afterwards Mr Smith called him into the parlor and told him (prisoner) that he was a bad character, and he would like to give him six months. To this prisoner replied that he did not think ho could do it, when Mr Smith knocked him down and tried to force a knivc into his hand, calling out at the same time for some one to come into the room. There was no person present but themselves, consequently ho had no witnesses. The Bench considered that the charge had been proved, and sentenced the prisoner to fourteen days' imprisonment ■with b:ircll:il>oi-. There was no other business.