HISLOP VERSUS MACKAY.

Oamaru Mail, Volume II, Issue 458, 17 October 1877, Page 2

HISLOP VERSUS MACKAY.

[by telegraph, from our own corre spondent.j "Wellington, October 17.

Mr. James Mackay was charged on remand in the .Resident Magistrate's Court this morning with assaulting Mr. T. W. Hislop, M.H.R. Mr Stout, in 'opening the case, said that Mr. Mackay had ignored law. If he had any gaievance against Mr. Hislop, instead of seeking legal redres«, he had committed an assault in a public place. Such conduct was unworthy of a Justice of the Peace. He (Mr. Stout) would ask the Bench not merely to impose a tine, hut to inflict imprisonment. If Mr. Hislop had sued in the Supreme Court, he would have got substantial damages, but he diil not desire money. He would adduce evidence to prove the assault, and if the defendant endeavoured to show justification, he would be prepared to contradict if.

The Hon. J. T. Fisher deposed that he had heard that the defendant was a mauistrate. He was in company with Mr. Hislop when the defendant approached as if to speak to Mr. Hislop. He heard the defendant say in h>ud tones, " I demand an apology." Mr. Hislop replied, " This is no place for such a discussion." The defendant then said, " I will horsewhip yon ; put up your hands." He (witness) believed the defendant struck the complainant with the whip ; at all events it went very close to him. Mr. Hislop closed up, and a ensued, the whip being broken. M'\ Hislop got the defendant jammed against the shutters of a building, and allowed great forbearance in not punching Mackay's head. He could have done so.

To the Bench : The time of the assaultwas between 3 and 4. After the scuffle Mackay walked away a short distance, and said, "I have horsewhipped you; you are a d—d scoundr.l." Someone said, " You had better go home." Dr. Butler, for the defence, called Mr. Mackay, who admitted the assault, and that he called Mr. Hislop an unmitigated liar and scoundrel. Mr. Mackay also tried to show that he had endeavoured to keep Mr. Joyce sober, but admitted having drunk with Mr. Joyce, and afterwards'told Captain Morris and Dr. Henry where Mr. Joyce was, and accompanied Dr. Henry in a cab to the hotel, where they found Mr. Joyce asleep on a sofa. Sir Robert Douglas and Mr. Rowe were examined.

'J he prosecution will call Mr. Hamlin and others as rebutting evidence. The case is proceeding. 4k.45 p.m.

Mackay has been sentenced to seven days' imprisonment, without hard labour.