RESIDENT MAGISTRATE’S COURT CLYDE.

Dunstan Times, Issue 928, 30 January 1880, Page 3

RESIDENT MAGISTRATE’S COURT CLYDE.

(Before Major Kcddell, 11. M. and Warden.) Saturday, 24 li Ah Tick was charged with assaulting another Chinaman uomed Ah You by striking him with a long-handled shovel. Mr O’Donnell, Inspector of Police said, in consequence of the injuries received the prosecutor was unable to attend, and asked for a remand till Monday. He explained t'mt the prosecutor was in the Duustan Hospital, and that the Resident Surgeon deemed it unsafe to allow him out that day. Remand granted. The prisoner (through the interpreter applied to bo allowed bail, which was re fused.

January 26. Ah Yick was brought up on rem ml. Mr J. F. Wilson appeared for the prisoner. Mr Wong O-ye acting as interpreter. Ah You, being sworn by the blowing out

a match, said lam a minor living at Alexandra. On Saturday morning last f went to prisoner's claim, and told him ho had been telling stories about mo to the Europeans, and th it 1 would make him pay for it. I then raised my shovel to fight him. Prisoner then struck me with his shovel on the head, and on the arm. I did not fall. My head was bleeding I was not further assaulted. I slipped, and felt a blow of a stone on my back, but cannot tell who threw it. No one but the prisoner and myself were present. Prisoner then ran away. I went to the poller anl tai l the information, an 1 I was removed by the p olioe to the Hospital. By the Bench : I thought to frighten the prisoner with my shovel, Imtt d' l not strike him. When I went to the prisoner, he was working, and had the stiovel in his hands. By Mr F. J. Wilson I called him some other name, which T cannot interpret in English, besi les story teller. The prisoner strimk mo when my shovel was raised. Constabl * \| ‘Lend gave evidence as to the arrest of prisoner, and the removal of prosecutor to the Hospital, and described the wound in the head as a very nasty one, and it was bleeding freely Dr Leahv, Resident Surgeon to the Hospital deposed as to receiving prosecutor into the Hospital, and described the wound in the head a severe one, it had, however, healed well, and he did not anticipate any evil consequences. Tills closed the case for the prosecution.

Mr Wi'son said —From the evidence the assault was divested "f its criminal chameter, and suggested if even the Bench concluded that an assault had been committed it should be dealt with summarily. For the defence he would call Wong Gye, the interpreter, who said the other word used by prosecutor to prisoner was a most insulting one, and sufficient to make him angry : lie could not give an interpretation of i* in English. R. Ballantyne deposed to thceharaeter of acused, he being an inoffensive, and qu'ot man, and that prosecutor was most rowdy, and that lie had had occasion to complain of him to the police.

The Bench said that the assault was doubtless provoked, and he would deal with it summarily ; it was, however, necessary as a preventive against the free use of such weapons as long-handled shovels to inflict a punishment. The prisoner wouhl be fined the sum of 20s, and all costs and expenses incurred -1,3 Is, or 21 days imprisonment in Clyde gaol.