ASSAULTING A BAILIFF.

Grey River Argus, Volume XV, Issue 1816, 1 June 1874, Page 2

ASSAULTING A BAILIFF.

; . At the . Resident Magistrate's Court, Hokitika, on Thursday last, before Meslra G.G.FitEGerald/it.ltf,, Tpdd, Qlapp&t, Baddeley, "and DrJJermotf, J, :?.%' A." E. \ Tennant and Mrs Walsh were charged with assaulting with their clenched fists, on the 17th^May, ,T. K. Christian; bailiff of the Court, while in the execution of hia duty. Mr Button for the complainant, applied to/hayje the. cases Jheard separately; as l by ; ipin^ 1 informatid^'the prosecution prevented one of the defendants from being sworn. Thiß,wouldnot be done in a superior .^ourtV and- was /moat unfair. It wasoptionalwith ithejßench' ,to grant the application.', The Bench refused the - The complainanJv>T« r K. Christian, was then called, and the substance of his evidence was, that he received a Warrant, to distrain . Ron ;,the goods of ih'e defendant; ' Terinarit, J 'at £tne suit. t of...E. M'tearf. He q sent,a tain « p named, Nich ol " with A the warrafcfc^tq t^e possession^ ' , pn'SaturSay '^nigiit^aV jux • r o;clpck.. ,; ,On, the; Sunday'^iie; mtfidsew : Nighol, ; and i placed, anp^&^ai^haffligd >» Murtagh, in possession, retaining the warrant. — Subsequently,™Tennant, ejected Murtaghjinsbg^'iiowever, little, or no violence. Christian then went to TennerifcV 'houße,*^and 'the" door locked r on hint 'he' btirat it in, Mrs WeSkh. being alone in the/house.' Te'nhantflhortly after dame'in/'itfd^afterdb^ging'OhrisW round a tableV seized' hM by the throat, .making him ,^ck in-the .stomach/' . whil^ the^^fem^e defendant aita^ked/ihim ih:'the ; rear.: ju^^^a'wneßlpfjagdMes, Christian- ; knocked [ { TennanVs^ head throughA a- wally .tearing v,out> , someiiciof his beard and whiskers^ andstrikincfthim. on theu faoe> seteralitimeß,^ > Ctofstian now became .dubious of the 'result, anticipating being -murdered^ whetf' v hii men came in and his fears were assqa^eß, He tiore u nb i&Will •toTei^M^b'tit, on ' the had asaisted in keeping.him in his office by loans of money foHhree or four r years past. Rpbjart, ratedi^hriistian^ evidence to some exten^* ; and gddrthat f whenhe camerin Chrifl^iaft cried out >': Don't let* man bejnurdertd like a sheep." TennantV-face Vas much cut, and his noße wasbleeding.i^Jhrifltian's ear was also distilling blood, T Christian told' hii^ (Nibhdir^= brainTe^Sftmd Mi*; Walsh; if Ithey ihterfer«a[wiiai-hMi. Mufttgh, ' an assistant bailif,' deposed t to iiay^i. ? bj?en rpat^^Te^aWMpt appeared that very little force !was.jie<»!» sary; to , effect, that object,'Murtagh being of an extremely peaceful disposuron, Mortagh'ahat was handed' to him by^Mr Tennant, through the window. A. F. Etheridge said he heard Terinant^temiftk on Sunday night that he had bundled the bailiff out. Mr Guinness, foffifie 3efeTice7"clsnlendednEhlFain[Ke^ of the legality of the distraint hadlbAn raised, the Court had no jurisdiction}- wit was overruled.' ;icT4re agreed in their statements, of which the substance was^ tha^Tenn&^tiififadmg Murtagh in his house without a warrant, requested him to withdraw, which he did,

after receiving a gentle push. Christian then came in and ti&Mjt 4 ' Oh you drunken ruffian,rwiere are you 1 you had better not try it on, or Til brain you." He also beat Temiant about the face, knocking hishead through ,the J The Chairman of ,, the Bencbjvinift rather lengthy judgment, after holding tbeißenoh had full 'jurisdiction in the case, saidithatiihedidnbtT believe the statements 1 of jilhe- defendants^ and;- could not credit that the assault on Tennant was unprovoked, especially after the great kindness shown to'him by Christian. He, the Chairman, would have inflicted a heavier fine, but the other gentlemen on the Bench were of opinion that a fine of LI was sufficient. The defendants were fined 20s* and 19s costs each.