MUNICIPAL TROUBLES AT MOSGIEL.

Otago Witness, Issue 1834, 14 January 1887, Page 15

MUNICIPAL TROUBLES AT MOSGIEL.

At a sitting of the Resident Magistrate's Court, Mosgiel, on Saturday, before Mr E. H. Carew, R.M.,

John Hardie Murdoch was charged with having, on the 15th December last at Mosgiel, wilfully assaulted and beaten John M'Kenzie.

Mr D- D. Macdonald appeared for the complainant. Defendant conducted his own case, and at his request all witnesses were ordered out of court, until called upon.

The complainant deposed that he was a member of the Mosgiel Borough Council, and that the defendant was also a member of that body. On the date in question a council meeting at which they and six or seven other councillors were present was held. During the course of the proceedings he was speaking to a subject, aud the mayor, in order to avoid dealing with that subject, closed the meeting. When councillors were dispersing, defendant said " I had something I would have brought forward had not that M'Kenzie monopolised the time." Witness remarked to defendant, " Don't effervesce." Defendant turned round and said f-harply, "What's that, what's that?" (meaning what had witness said).*, Witness was then coming out of the room, and when between the table and a form defendant rushing towards him, said "I'll put^a head on you," pushed him against a form, and placed his left arm around witness's neck. (Mr Macdonald: "As it is called had you in chancery.") Defendant struck him on the head several times with his right hand. Ho caught defendant by the collar, pushed him off, and struck him, but could not strike hard as he (witness)* was then off his balance through being pushed against the form. Defendant then caught hold of bis beard — which was considerably longer then than now. They fell, defendant uppermost. Witness could not 6ay who got up first, but when they rose defendant still bad hold of his whiskers. He asked defendant to let go, caught him again by the collar, and gave him a " pelt " or two. Some one took hold of witness's hand; then as defendant •would not let go the beard, he tried to get hold of defendant's. In witness's left thumb there were still teeth marks, and defendant either tried to bite that thumb or it accidentally got into defendant's mouth. When witness was coming out of the room, after getting away from defendant, the latter sang out to him — "By Mac, I'll punch your head for you," and then said — " I will get someone to punch your head for you." Witness called tbe attention of several persons present to the fact that Murdoch had so threatened him.

Cross-examined by defendant : I did not say as soon as the council rose that there was not a man among them lit to be a councillor. I admit that this letter published in the Taieri Advocate, and in which the term "effervesce" is used was written by me; the letter contains ordinary comment upon public matters. You did not ask me what I meant by calling you names. I do not recollect saying that you were a panderer to Peter Dey. When you let roe up you did uofc ask me whether I would be quiet. Blows were struck before we were down on the floor. Wheu we fell a second time I was uppermost.

Samuel Young, farmer, in his evidence stated that when the council meeting closed the complainant said they were a fine lot of councillors to be sat upon by one man (the mayor). Defendant and complainant then got into an argument, and then into a fight. William Smith, a borough councillor, and Walter Camcross, journalist, also gave evidence. The latter said he did not write an account of the row which appeared in a Dunedin newspapar. Defendant called Robert Findlay, clerk of the borough council, whose evidence in the main corroborated that given by other witnesses. He said defendant pushed complainant, who fell over the form, and when the latter got up he struck out at defendant. He had known defendant for a goed many years, and did not consider him a fighting man. Defendant asked Mr Findlay whether he considered M'Kenzie gave provocation, but Mr Macdonald objected to the question.

His Worship in giving his decision said what he had to deal with was : Who commenced the disturbance? and he thought defendant did; but at the same time complainant used language which he knew would be irritating and offensive to defendant. Murdoch, however, was not justified in commencing the fight. A fine of £1, with costs (£2 13s Gd), would be imposed.