RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 305, 3 October 1857, Page 5

RESIDENT MAGISTRATE'S COURT.

Monday, Sept. 28, 1857. (Before A. C. Strode, Esq., R.M.) Henry Glenny, chief mate of the barque " Lord Hardinge," was charged with assaulting and beating "William Hallett, oook of the said barque, on Tuesday, the 22nd September. The defendant had his upper lip adorned after the true bandit model (!) The complainant, on oath, stated, that on the day libelled he was on duty in the galley of the said barque, when defendant came to him and demanded the reason why he would not get water for the men to drink. Complainant replied that he could not supply them, as he had at the time only enough to serve the cooking next morning. Complainant had previously received strict orders from the master to have the pump shipped only once a day — the first thing in the morning. Defendant thereupon gave complainant a push on the left shoulder with his fist or open hand, seized him by the collar and shirt, dragged him out of the galley, and threw him across a spar on to the deck, thereby hurting defendant's side very much. Defendant then said to complainant, " D your eyes, come out of the galley and keep out," and at the same time called one of the men, named Morgan, and told him to take complainant's place. In the course of the evening the master, on coming on board, called complainant aft, and asked him why he was walking the dock with his hands in his pockets, when complainant informed him what had occurred, and asked permission to go and prefer an information before a magistrate. After this defendant ordered complainant forward, and told him he would twist hie d d neck for him. On the following day complainant came to Dunedin and laid the present charge. "William Churchill, a boatman, and residing at Dunedin, being sworn, stated — He was sitting oh the deck of the Lord Hardinge on the day libelled, when two seamen of the barque came to the hatchway and complained' that they had been at the galley for water and could not get any. Defendant went forward to the galley and told complainant to get up a couple of buckets of water. Complainant replied, " I can't, for I've got my own work to do." Defendant then caught hold of complainant by the front of his shirt, and hove him down on deck. Defendant then said that a boy could do complainant's work. Cross-examined — Heard defendant say he would smash complainant's i- d face in. Defendant was excited j perhaps it was his way, as it appeared to witness that he could not be otherwise with any other man. Witness did not hear complainant use any provoking language. The men had previously had their water. Some other witnesses on the part of the complainant were in attendance, but the defendant stated that if the acts above deponed to constituted an assault, he would admit that he pulled complainant on deck, and put his foot on his hind quarters. The Resident Magistrate, for the information of defendant, quoted the law of assaults

from "Burn's Justice," which did not seem to tally with defendant's previous knowledge of the subject. Defendant treated the Bench with his definition of the law, -shewing lucidly that the law so laid down in Burn became inoperative " in blue water," and contended that the water was as deep a blue in the harbour of Port Chalmers as at the line. The defendant's aTgument, which was characteristically embellished, and expressed with great force and animation,. appeared to make no impression on his Worship, who imposed a fine of £2, with costs ; . in default of payment 14 days imprisonment with hard labour. The lesson on the law of assault cost defendant £4 10s. 6d.