Friday, 10th September. (Before Mr Taylor, J.P., and Dr Drysdale, J.P.)

Otago Witness, Issue 1242, 18 September 1875, Page 5

Friday, 10th September. (Before Mr Taylor, J.P., and Dr Drysdale, J.P.)

Drunkenness.— Robert Scott pleaded Guilty to a chai-ge of drunkenness, and was fined ss, with the customary alternative. Assault. — D. M. Logan was charged upon the information of Richard Allen, -with having committed a wanton and unprovoked assault upon him on the 4th inst. Mr Joyce appeared for the complainant, and after stating the circumstances of the case, called the Bench's attention to the fact of the defendant having been before the Court on a former occasion for assault. He then received two months' imprisonment, with hard labour, for assaulting the police in the person of Sergeant Neil ; and if he received such punishment on that occasion, he (Mr Joyce) respectfully submitted that double as much should be meted out to him for assaulting a civilian. Sergeant Neil made an involuntary gesture of astonishment.

The complainant, Richard Allen, then deposed that a fight between two men took place at Crickmore's Hotel on Saturday last, and whilst he was looking on defendant came up and struck him, and followed up the blow by further assailing. He was knocked down, and defendant picked him up and tried to throw him down upon his head. Had offered to fight him on a former occasion ; came to his bedroom one morning and called him out. Complainant gave him no provocation whatever. T>. De Maus deposed to having witnessed the disturbance, and saw the defendant violently assault complainant in a most unwarrantable manner. He gave him a chance to defend himself. So far as he (witness) observed, it appeared to him that one of the other two men, who were fighting, fell against complainant : and defendant, thinking that the latter was interfering, struck him. In his defence, Logan stated that he had just come ashore from work, and seeing a fight between two men named Burt and Gall he stopped to look on. Presently a policeman interfered and seized Burt, and then defendant noticed the complainant rush in and strike and kick Burt, and Mr Crickmore also kicked him behind whilst he was in the hands of the police. Upon this defendant interfered. Charles Corkney, a waiter at Crickmore's Hotel, deposed to witnessing the row, and saw Burt, one of the men fighting, try to hit Mr Crickmore. Then Allen rushed in and struck Burt, and Logan took the latter's part. Did not hear Allen say anything provoking to Logan. John Thomas was also present, and saw Allen, the complainant, strike Burt, and then Logan interfered, whereupon Allen threatened to serve him the same way. After reviewing the evidence, the Bench decided that the defendant had committed an unprovoked assault upon the complainant, and fined him 40s, or in default, 14 days' imprisonment, with hard labour.