DISTRICT COURT.

Oamaru Mail, Volume II, Issue 398, 7 August 1877, Page 2

DISTRICT COURT.

THIS DAY. (Before his Honor District Judere Ward.) CIVIL CASE. WILLIAM OGILVIE V. ALEXANDER THOMSON. This was a claim for L2OO damages for an assault. Mr. o'Meagher appeared for the plaintiff, and Mr. Balmer for the defendant. Mr. Balmer asked that the ease might be adjourned until the next sitting of the Court, but eventually withdrew the application. Some legal points having been argued, Mr. O'Mergher opened the case, and briefly stated the circumstances in connection with the alleged assault. He then called William Ogilvie, who deposed that he was a labourer residing at Kakanui North, and knew the defendant. Previous to the 18th July he owed Thomson and others money. Prior to the 18th July he had been laid up with a broken leg, and before that he had suffered from a severe attack of inflammation of the lungs. On the 18th July he met the defendant at his shop in Kakanui North. Defendant asked witness if he had any money to give him, and witness replied that he had not. Defendant tiien said, "You were in Oamarii yesterday, filing your schedule." Witness said he had been there for that purpose. Defendant

then called him a scoundrel and said lie, would have the worth of the money out of his body. Defendant then struck him and knocked him down, and afterwards struck him several times and kicked him. Witness believed defendant kicked him in the mouth. Ho then caught hold of witness the leg which had been broken, and pulled him about, saying he would give anyone a shilling who would bring him a bucket of water. Defendant then left, making use of improper language. Owing to these blows and kicks witness was unable to come out for some days, and felt his head sure for a week afterwards. His mouth was so sore that he could scarcely eat anything for some time. His mouth had nut quite healed yet. Witness gave no provocation. At tlie time defendant struck him, his hands were, he believed, in his pockets. Dr. De Lautour had been attending him. He saw Dr. De Lautour on the da}' following the assault. Cross-examined by Mr. Balincr, witness said that he owed defendant about L2O. The account had been running from tho time of his accident. He had been working for about eight weeks before tho assault. He had received L 8 for that work. Ho had not ollered to pay defendant any money out of this. When defendant struck him, the blow stunned him for some time. He was not in tho habit of getting drunk. Ho was not aware that the defendant had raised a subscription for witness. The people of Kakanui had raised about L2O for him, and he heard that it was Mrs. Thompson who raised the money. Tho doctor ordered him to bathe his face with cold water. It incapacitated him from work for some time.

To Mr. O'Meagher, witness said ho was not aware whether or not Thompson had given anything to the subscriptionlist. Dr. De Liu f our deposed that he had seen the plaintiff the day after the assault. He then hail one or two bruises on the forehead, a black eye, and some cuts on his lower lip. A cut in the corner of Iris mouth had not yet quite healed. Cross-examined by Mr. Balmer : Witness said that the injuries were not sufficient to incapacitate tho plaintiff for work. He was in a very shaky state, but this might have been caused by the injuries or from drink. He had seen tho plaintiff the worse for liquor on one occasion. William Smith, a tinsmith, living at Ivakanui North, deposed : He remembered seeing the plaintiff and defendant together, but he could not say whether they were fighting or kissing. He saw Ogilvie sitting on the ground, and Thompson on one knee. Thompson appeared to be trying to lift Ogilvie up. Ho was some distance from them. Henry Stock, proprietor of f he Devonshire Hotel at Kakanui North, gave evidence as to having seen the plaintiff and defendant together. Ogilvie appeared to be drunk, and Thompson seemed to bo persuading him to go home. Cross-examined by Mr. Balmer : Witness said he had seen Ogilvie drunk oil several occasions. This was the case for tho plaintiff. Mr. Biilmer then called the defendant, Alexander Thompson, who deposed to having met the plaintiff on the day in question. He was shaking and trembling very much. Witness went up to him and told him that it was time ho . was giving him some money. Witness said, " You got over L'2o from the Meat Preserving Company," and plaintiff replied that lie had-, and intended to stick to it, saying that he meant to go through the Court. After some further conversation they got to words, and plaintiff held up his hands, and lie (witness) struck him somewhere on the face. He either fell down or laid down. He then crawled to the fence and caught hold of the palings, and hid his head under his hands. Witness caught hold of him and tried to lift him up in order to strike him again, but he refused to get up. He (witness) was very much annoyed, as plaintiff had promised to pay him some money on tho previous Saturday night. About five days afterwards he saw the plaintiff driving a team of horses. Tn cross-examination by Mr. O'Mcairher, witness stated that when he struck the blow the plaintiff was stupid from the effects of drink. He would not swear that he only struck one blow ; he only struck plaintiff twice. This was all tho evidence for the dofence. Mr. Balmer then addressed his Honor on behalf of the defendant, and pointed out the great provocation which his client had received. He also said that tliero was nothing to entitle the plaintiff to tho tremendous damages claimed. Even supposing that his Honour arrived at tho conclusion to give damages to the plaintiff, they should be of a merely nominal character. Mr. O'Meagher said it was perfectly evident from Thomson's demeanour in tho box that he had committed an aggravated assault upon the plaintiff. The learned counsel spoke at considerable length, and said tl.is was certainly a case for exemplary and vindicative damages. He asked his Honour to give the plaintiff substantial damages. His Honor could not say that this was a case for heavy damages. There was no doubt that there was no justification for the defendant acting as he did, but was unquestionably some provocation. He would give judgment for plaintiff for LlO and costs. Mr. Balmer asked that execution might be stayed until such time as the defendant had time to bring on his action against tho plaintiff. His Honor said he could not grant the request, as it would be relieving the defendant of any penalty.

Mi-. O'Meagher applied for permission to issue immediate execution, in order that the plaintiff's creditors might get the benefit of the LlO, and the defendant not allowed to place this sum of LlO as a set off against the debt which plaintiff owed him. His Honor said he certainly intended that the fine should be paid, and placed as a set off against the debt owing by plaintiff to defendant. After some argument, his Honor made an order for execution to be issued unless the fine was paid before 3 o'clock. IN BANKRUPTCY. IN EE THOMAS HILLIKEE. On the application of Mr. O'Meagher his Honor made an order for the discharge of the bankrupt, remarking that this had been an extremely hard case for the debtor, owing to the neglect of the trustee. Mr. O'Meagher applied for an order calling upon the trustee to pay the costs of this application. After some argument the consideration of the application was postponed. IK BE WALTER C. F. C VR>'CP*OSS. Mr. Creagh applied for an order for the discharge of the debtor, wliich was granted.

IX EE JOHN HAGGIE. Mr. O'Meagher applied for an order calling upon the trustee, Mr. J. Liddle, to call a meeting of the creditors in the estate, and for a -written order for the trustee to pay the costs of this application. The learned counsel said lie had served notice upon the trustee, calling upon him to convene a meeting of the en di tors for the purpose of passing a resolution that the debtor be discharged. notice whatever had been taken by the trustee of the matter, and the only reply which he (the learned counsel) had received was couched in filthy and insulting language. His Honor having read the language referred to, said it was disgraceful and disreputable. His Honor granted both applications.

PROBATE. Mr. Creagh applied that letters of administration should be granted to Margaret Scott, in the estate of Alexander Scott, deceased. The Court then rose.