Magistrate's Court, Queenstown.

Lake Wakatip Mail, Issue 1521, 26 February 1886, Page 5

Magistrate's Court, Queenstown.

Thursdat, 25th February, 1886. (Before Messrs J. Reid (Mayor) and W. Warren, J.P.'s.) J. B. Neale v. J. Halbert—An adjourned case in which defendant was charged, on information, with having, on the 26' h January last, at (ilenop'hy (the Invincible Co'a mine, Rees Valle>), assaulted informant by striking him with his (defendant's) first. Mr Smith for informant. Mr Turton, for defendant.

John Frewan, a miner working at the Invincible Co's mine, deposed that, on the day named, informant came into the tunnel of the mine just as witness and defendant were coming off their shift a 5 o'clock. Defendant said "What do you do here?" Informant replied "I have come to see you." The two walked outside, and there was some warm conversation between them—informant putting his face close to that of defendant. Witness went out just after and saw defendant put down by informant. Informant said, iu reply to a remark, that he would not hurt defendant. Witness saw defendant strike informant, but did not see the latter strike. Saw no one else present. It was commonly reported some days before that informant was coming to the mine to kick up a row.

Cross-examined —Met informant about 20 yards inside the tunnel. Johnstone and other men came up after the row, Johnstone saying if they wanted to fight he would see fair play. Informaut replied —"I do not want to fight. I have got all I want, and will make defendant pay for striking me." Informant had the name of being "a bit of a slogger."

W. Mulholland, miner at the Invincible mine, deposed that as he was coming from the mine on the day named, he saw informant and defendant grumbling at one another, but saw no blows struck. Heard informant say he had got what he wanted—what he had come to the mine for—and would make defendant pay for it. Informant was in the habit of coining to the mine and creating disturbances. About ten minutes after witness was struck, but not by defendant's fist. For the defence,

Andrew Johnstone, miner, deposed that, on the day named, he was working in the machine house of the Invincible Co.'h mine, when he heard the parties talking a few minr.tes before the row. He went to were they where, and, after a few words, informant said that he had come to get defendant into Court. Witness said if informant was going to fight defendant, he was too big and should fight witness—who made a blow ut him but missed him. Defendant was a quiet man.

To the Bench—Knew no other grounds for believing that informant was going to kick up a row, except the letter produced last Court day from infoi mint to defendant.

The Bench after a few minutes' deliberation, stated tl.ey had decided to dismiss the case, as an assault of a very trivial character had been committed. The evidence of all the witnesses also showed that informant had gone to the mine for the purpose of provoking defendant to a breach of the peace, and his bearing in the mine tended to this belief. Case dismissed, each side to pay its own costs. (At the request of Mr Turton, an order was made for payment of costs. £3 10s. each to the wituess', Frewan and Mulholland.