MAGISTRATES' COURT.

Nelson Evening Mail, Volume XVI, Issue 12, 14 January 1881, Page 2

MAGISTRATES' COURT.

f ßefore S. Kingdon and H. Buckaridf e, Eiqg., J.J.P.] Thomti Norton wan charged with maliciously stabbing and wounding George Wistrupp od Tuesday last. The following evidence waa taken :— George Weatrupp : I wag «t Tregea's corner on Tuesday afternoon, where I met the prisoner, and an altercation took place between us about some fish, and he challenged me to fight. W« were m Tregea'i yard, when he hit me on the face, and we had a tarn or two, and then I left.' -He fol lowed me and abused me and kicked me on the side, when I smacked his face with my open hand. I then saw a pooket knife m hie right hand, and he said " Coma on you , I'll atab you to the heart." H« struck me on the right breast, and I felt the instrument strike the boue, and it nearly knocked me down. I was taken to Dr Porter's, who has been attending me ever since. I believe the knife produced is the one with which be struck me. The cut aDd blood on the shirt produced show where the ktaife struck me. Cross-examined by the prisoner : I was m Tregea'B when you came up and told me to hook it out of town with my barrow of stinking fish. I did not call yon names. I did not try to pull you out to fight. I struck you on the eye after you struck me. Your fcye was not bleeding when you cam* m. I told you I did not want to fight, wh»n yoo said, " I've only got one arm, but I'll give it you for all that." You shored me out of the door and kicked me, and then stuck your fiat m my face. I then struck you with my open hand. You did not put yoir hand m your pocket to get your knife io cut tobacco. You snatched the pipe out of my mouth. I did not knock yon down. Dr Porter stated that Weatrupp was brought to him suffering from a stai m the right side two inches below the nipple, half an inch broad and three-quarters of an inch deep. It did not enter the ch«st cavity. The stab was caused by a sharp instrument, such as a knife with a blade about half an inch broad. He could not saj whether force bad been used. The position of the wound was such that if it penetrated any further it would bare been very dangerous. It might or might not have been fatal. A knife tuch as that produced would cause the wound. There was n« danger at present if Westrupp kept quiet. Charles Itowe Silcock said he was present at the altercation. Prisoner insulted WestruDp m the bar, and called him a liar, and challenged him to fight. They went out and bad a round m the yard, and prisoner got the worst of it, and when Westrupp found he could knock him about aB he pleased, he walked away. Prisoner followed, and used abusive language, and said he would meet Westrupp on the Beach some day and mark him. Westrupp walked away, and prisoner kept on following and abusing him and (truck at him again, when Weetrupp knocked him down. When he got up I saw tbe'knife m his hand, and he said " I'll drive this into your b heart." Westrupp tried to trip the prisoner up when he Eaw the knife, and the prisoner then struck at him with it, and I saw Westrupp put his band up to his right tide. I then collared the prisoner, and he put the knife m bis pocket. Cross-examined by prisoner : I hare been Westrupp's mate for a week or two. We have not add we would give it you when we caught you. Weßtrupp got off his seat .When you called him a liar, and told you you had better be careful, You obal|ooge4 West-

rupp to go out. lam not sure whither you were filling yo\ir pipe. I could »cc you lift the knife to stab Weatrupp. Constable O'Brien deposed to arresting the prisoner and finding two knives on him, one of which was that produced. On being asked whether he had any statement to make the prisoner said that the prosecutor a"nd his witness had perjured themselves, and had not spoken a word of truth. He then called W. H. Tovey as a witness), but the evidence he gave was far from favorable to the prisoner, who was committed to take bis trial at the next sittings of the District Court, to be held m the first week m March. Bail was allowed, the prisoner m £200, and two sureties m £100 each. It was not forthcoming, however, and the prisoner wits removed to gaol.