KUMARA MAGISTRATE'S COURT

Grey River Argus, 2 March 1907, Page 4

KUMARA MAGISTRATE'S COURT

:. WEDNESDAY, February 27th (Before R. J. Acheson Ejq. S.M.) A person for being found on licensed premises, to wit, Stewart's Hotel, during prohibited hours pleaded guilty and was fined 20s and costs. Police v. John Atkinson. The defendant was charged with assaulting a Chinaman named Ho Shang on Feb. Ist by throwing a stone at him. Accused pleaded Not , Gnilty. Mr Murdock appeared for informant and Mr Byrne for accused. ' Lee Tact was sworn as interpreter Ho Shang deposed : lam a miner re siding at Westbrook. I was going home about 3 o'clock in the afternoon of^ February Ist and when going on to I the Kumara end of the bridge the defendant threw a stone at me. The stone was the size of a hen egg, and struck me on the right shoufcter. There were four other Chinese with me at the time/ I saw the denfendant stand ing on the tailings. ,At the time the stone was thrown at me, I was. leading, the other fout Chinamen were following me. I was struck on the back and turned round and saw thedefend•ant. He was the only person I saw on the tailings. Defendant was -about 30 feet fro mmc when he thre wthe stone To the Court — I saw the stone in the defendant's hand before it was thrown. He had it in his hand as I passed by him. I did not tell the other Chinamen that the man was going to throw the stone. Did not see any person but the accused when the stone was thrown. Loo Toy deposed I am a miner aad was with Ho Shang on Feb Ist. I was going to. .Westbrook, it was about 3 o'clock in the afternoon. I saw the defendant throw a stone and hit Ho S&aajj. The accused was the oniy person there at the time. To "Mr Byrne— Defendant had the stone in his hand. I saw him throw it. I turned round and saw defendant"" with another stone in his hand. The Chinese did not 'offer a reward to find out who had thrown the stone. : To the Court — I am certain that the accused hit Ho Shang; with the stone I^saw it in the air. m Bag Yung, Young Yen, and Young Yun and Young Chuck also gave evidence incorroberation of the previous witnesses. Byrne for the defence called the defendant, John Atkinson who deposed : On the day in question I $ was working at the crates. I was excavating above the bridge on a_ley_e! with the river for the crates to be placed., I have never thrown a stone at a Chinaman. They have made a mistake. To Mr Murdoch — I canont say what \date it was that I first heard of a stone being thrown at a Chinaman. I do not Keep a diary. Have been work ing at the approach yj days. I have not thrown any stones. I never went on the road at smoke oh. I work with Gilbert Richardson, wheeling^" and shovelling; we take it turn about wheeling and shovelling in quarter of an hour's spells. Ido not remember five Chinamen crossing the bridge. All the witnesses have said is false. B. Cox, A. Richardson, Faul MorJaunt and Thomas Mooney also gave evidence ' for the defence, and the Court reserved judgment until aftei hearing the second case. Ah Sin v. John Atkinson. Mr Murdoch for informant and Mr Byrne for defendant who pleaded Not Guilty, Ah Sin deposed : On Wednesday last when crossing the Teremakau bridge I was struck on the back of the Eeacl with a stone. I recognise the defendant as the person who threw the stone To Mr Byrne— l was close to the Kumara end of t^e bridge when the stone struck me. I saw the defendant pick up the stone but did not see him throw it. When I looked round the defendant was pretending to be doing something else. Thomas Mooney deposed : I am in charge of the work in connection ,with the approaches on 'this Kumara .side of the river. Yep One in company with thG informant came arid complained that he had been" hit with a stone and pointed to the defendant as the person who Bad thrown it. Yep One and B. Cox also gave evidence Defendant cJeposed : I did not throw a stone at Ah Sin or any other Chinaman on the 20th inst or any other date. The statement made by inform ant is false. His Worship in giving judgment, said "in. the second case there was an element of, doubt in his mind which he would give the accused the benefit of and dismiss the case without costs. In the first case the accused would be convicted and fined 40s with, .costs ; solicitors fee : £1 is and interpreter's fee £1 is; in default, seven days hard labor in Hokitika gaol. Time was "allowed- to pay the amount.