RESIDENT MAGISTRATE'S COURT. TOKOMAIRIRO.

Otago Daily Times, Issue 2559, 20 April 1870, Page 3

RESIDENT MAGISTRATE'S COURT. TOKOMAIRIRO.

(.from a cob.respondent.) 18th April, 1870. (Before J. P. Maitland, Esq., R.M.) HORSE-WHIPPING A PUBLISHER. Charles Hilgendorff, storekeeper, Waihola, appeared in answer to a summons issued aaainst him at the instance of Joseph Mackay, proprietor and editor of the Bruce Herald, for unlawfully assaulting him in the Bruce Herald office, on the 14th inst. Each party conducted his own case.

I Joseph Mackay, sworn, deponed: lam proprietor and editor of the Bruce Herald. On Thursday last, abont 11 o'clock a.m., defendant came into my shop with a copy of the Bruce Herald and a horse-whip in his. hand. He appeared to be excited. He pointed to a paragraph in the paper, on Sabbath desecration by a contractor conveying stones across the Lake on Sunday, at Waihola, and asked me who was responsible for that. I answered that it was a "local", and should not say who was responsible for it. Defendant then said that he would knock the [responsibility into me, and immediately began striking me on the head and shoulders with a heavy whip, using the handle, the lash being wound round it. I sprang over the counter and laid hold of him, and tried to secure the whip, but in doing so he struck me with his fist. 1 ultimately had him ejected from my shop with the assistance of my shopman. Mr Tait. . George C. Tait, called in support of prosecutor's case, deponed: I was in the shop when defendant entered, as described by Mr Mackay. I saw him strike several times very heavily with the handle of his whip on Mr Mackay's shoulders. I also saw him strike with his fist when Mr Mackay laid hold of the whip. 1 assisted to eject him from the shop. Cross-examined by defendant: I consider the blows you dealt were very heavy. I should not like to have received them. It was a very heavy whip handle you had, but I could not say if it was loaded. I should suppose the handle would be an inch and a-half in circumference. I am quite sure you also struck with your hand. Alexander Aitchieson, constable, called and examined by prosecutor, deponed : I was riding along the Main South Road on Thursday fo-enoon last, and met defendant driving in his spring- cart. He told me he was going to call on the editor of the Bruce Herald, and take him to task about a paragraph in hia paper. H^ showed me the whip, and said he would fetch shim to his senses with that. I advised him^ if he did go to speak to Mr Mackay, to leave his whip in the cart. Defendant said he would not deny having Used hiawhiponMr Mackay, but heconsidered he had received great provocation, and that there was no room for any doubt that he was the "certain contractor " referred to in the paragraph, as no other contractor was taking stones across the lake at the present time ; and that the way which Mr Mackay had abused him was more than any ordinary mortal could bear.

The Magistrate, in reviewing the case, said h.e had certainly heard, of thia mode of treatment having been resorted to on various occasions, and it was, no donbt, a pleasant relief to the feelings of the party aggrieved, but that it could not be tolerated, as it was an outrage on all law and order, and consequently he would inflict a fine of L 5 and costs, or in default 14 days' imprisonment.