RESIDENT MAGISTRATE'S COURT. Yesterday Morning. (Before H. A. Stratford, Esq., R.M.) ASSAULT CASE.

North Otago Times, Volume XXXIV, Issue 7783, 22 November 1890, Page 3

RESIDENT MAGISTRATE'S COURT. Yesterday Morning. (Before H. A. Stratford, Esq., R.M.) ASSAULT CASE.

Michael M'Laughlan wn« charged, on tlu* information of Patrick Kino, with assault. Mr Butt appoarod for defendant and pleaded guilty, with extenuating circumstances. Patrick Kane stated that defendant and ho had had words, and dofondant struck him. Dofondant was fined 10s with court coatu 7s, in default 48 hours' imprisonment. Patrick Broo was charged, on tho information of Francis Bannatyno, with assault. Mr Harvey appeared for informant, and Mr Leo for tho dofondant, who plonded not guilty. Francis Bannatyno stitod that ho was tho agent of tho New Zealand Express Company in Oamaru, and as such had to dnvo tho Company's exprcbs. On tho ovoning of tho 18th Broo hit plaintiff over, tho hoad with his overcoat. Plaintiff look tho overcoat from Bree, and ono Mills took tho overcoat from pl.u'ntift and hit witness across tho faco with his whip, Broo showing light while Mills held witness's horse. At tho Northern stables whoro witness puts up his horse, Mills drovo into tho yard, followed by Broe, who hold plaintiff while Mills from his express hit plaintiff with tho butt end of his whip across tho back of tho neck and shoulders. Ho was stiff for two days after and his back was vory scro for somo timo aftor. Broo and Mills camo to him on Thursday afternoon offering to aquuro tho ease and keep it out of Court, but ho (plaintiff) said ho could do nothing without tho consent of his employers, and ho received a telegram that ho must go on with tho case. To Mr Leo : Ho did not think Breo had assaulted him till ho tackled him in Bolshor's yards. Robert Leishman corroborated tho evidence of informant, save that he thought Breo was trying to got at Mills. William GallnMhan said he saw the whole affair in Bolshor's yard, and stated that ho belioved that Bree hold Bannatyno in order that Mills might strike him. ( For the defence, Patrick Broo said ho wont up to Belcher's yards to atop any row between tho parties. Ho admitted to Mr Harvey in crossexamination that ho had a drink or two in his hoad at tho timo of tho row in Bolaher's yards. J. Mills said Broo wont in to tho yards, and witness followed him in his express. Whon witness ontored Bannatyno rushed lm oxpross, and Breo caught hold of Bannatyno and held him back. Witness struck Bannatyno over tho back with tho whip. To Mr Harvey : Breo and ho wont up to square it. Ho had struck Bannatyno twico at tho railway station with his whip. Hifl Worship reserved his decision till ho had hoard the charge against J. Mills, Thia ciioo was then called, and Mills pleaded guilty, and admitted having followed Bannatyne up tho stroot and struck him twico over tho faco with his whip, besides hitting him at the station and in Belsher's yards. His Worship said that had Mills shown a defiant spirit and had tho case been fought out thoro ho did not doubt but that ho would have had to send Mills to prison. 110 thought Broo's conduct was to bo commended in trying to square tho case, and not allow it to come hefore tho court, whatever his other conduct might have been. That kind of thing could not bo tolerated, and Bunuatyne was entitled to tho protection of tho law. Mills'conductwaadisgracoful.andhejwould bo fined Li, and court costs L 2 7s, in dofault 7 days' imprisonment. Breo was convicted and fined 10s and court costs LI 10s Cd, to be recovered by distross it necessary. Inspector of Nuisancos v. Frederick Neiss, on a charge of hawking coal in tho borough. Mr Leo appoared for tho Corporation, and Mr Butt for tho defendant, who pleaded not guilty. Thomas Rodgors, Inspector of Nuisances, said that on tho 15th of Novombor defondant camo to his house in Ribblo street and naked witness's wife to buy throe bags of coal. Witness was present, and saw defendant going from door to door, Mr Butt submitted that tho beiaw was not explicit, and was defective, and that a conviction could not be given. Tho case was adjourned till Wednesday next at 11 o'clock.