RESIDES MAGISTRATE'S COURT.

Otago Daily Times, Issue 6501, 13 December 1882, Page 3

RESIDES MAGISTRATE'S COURT.

MILTON. Tuesday, 12th December,

(Before J. N. Wood, Esq., R.M.) ASSAULT.

Daniel Bannatyne vyas charged on the information of Sergeant Finnegan with that he did, on the 25th November, at Waihola, maliciously assault and beat James Borthwick.

Mr i\ R. Chapman appeared for the prosecution, and Mr D. Reid for the defence. Sergeant Ifinnegan deposed that when he visited the complainant after the assault he found him lying in his bpd and moaning. He appeared to be suffering a good deal from a wound on his forehead. Witness saw accused afterwards. He said lie was sorry for what he had done, admitted hitting complainant with a stick, but denied that he had thrown a stone at him.

James Bovthwipk stated that ho was a bricklayer, and that on Saturday, the 25th November, he went down to the blacksmith's shop at Waihola 011 business, and saw the accused there. The latter went out for a short time, and on returning struck witness, without a word of warning, on the forehead with a rough stick. The blow felted him to tlie ground. Witness rose, and accused followed him to the door and tried to again strike him, but did not do so, as witness knocked the stick out of his hand. Witness then started for home, and accused picked up a stone, followed him about three chains distance, and then threw it at him. The stone struck him above the right eyebrow. The wound still caused him a good deal of pain, and affected the sight of his right eye. He gave the accused no provocation, and he had not spoken to him for two years. After accused inflicted the blow with the stick he said, "You : Chinaman, it served you right." . {Witness here produced a piece of bone, which he stated JQr Reid took out of the wound.] To Mr Reid: I wrote a letter to the accused about two years ago, after I heard he had keen calling me names.. He had nick-names for all the people in tho district, and called me "Le Guy, the Chinaman." Mr Reid ; " The Chinaman ?" Mr Chapman: Lee Guy, the Chinaman. Lee Guy is an historical character, your Worship. Re-examined: After throwing the stone accused threatened to murder me. Daniel M'Gilvray, blacksmith, Waihola, deposed that he saw the accused hit Borthwick with a stick. The latter staggered, but did not fall. When tho two men got to the door there was a bit of a struggle between them, and Borlhwick struck Bannatyne iwice on the left arm with a stick. To Mr Reid : When the two men went outside Borthwick called Bannatyne "a thief" and a "decrepit old ." He then challenged him to come on and he would "give it to him." Bannatyne was under the influence of liquor at the time." To Mr Chapman : Borthwick gave no provocation for the first blow. I never said to the sergeant, " I never saw Borthwick strike Bannatyne." I did not know the statements I made to the sergeant would be again referred to. Dr Reid gave evidence regarding the nature of complainant's wounds. Only one, an incised wound over tlie right eye, called for attention on his part. He found a fragment of bone—a portion of the skull—loose in tho wound. Afterwards two or three small splinters of bane came away. The bone produced was like the first piece which came away. Tlie testimony of Dr Stewart, who examined tho wound after it had partly healed, agreed with the statements made by Drlleid. ' Mr Donald Reid opened'the case for the defence, and called ' . . ■ Alexander Reid, a farm labourer, who stated that he was in Bannatyne's company on the day of the' assault: He stated he saw Borthwick strike accused twice on the arm with a stick. Witness watched the two men all the time till Borthwick threw away the stick, and he did not see Bannatyne pick up a stone or throw any tiling at Borthwick. Had lie done so witness would have seen him.

To Mr Chapman : It was to Hugh Yorston accused said, " How much rice will it take to feed a Chinaman ?" —not to complainant. Mr'Reid \yas proceeding to re-examine the witness, When ' ' ' ' '" "

His Worship remarked that he thought the case was one which should go to a jury. He then committed accused to take his trial at the next sittings of the Supreme Court in Dunedin. .

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