I THE HORESHOE BEND ASSAULT CASE.

Otago Witness, Issue 2009, 25 August 1892, Page 21

I THE HORESHOE BEND ASSAULT CASE.

The District Court, Lawrence, presided over by Judge Ward, was occupied the whole of Tuesday in the hearing of a case of assault which took place on the 15th July, in which damages were laid at L2OO, the plaintiff being Thomas Roughan, miner, Blue Spur, and the defendant John Eirkpatrick, of Horseshoe Bend. Messrs J. F. M. Fraser and A. Crooke appeared for plaintiff, and Messrs S: Solomon and David Finlayson for defendant. Plaintiff alleged that as he was leaving defendant's raining claim at Horsehoe Bend on the* 15th July, the latter called him back and demanded 2s which he owed htm for a pipe. An altercation followed, and Kirkpatrick struck plaintiff with a saw, severely wounding him about the face and head. He was removed to the Lawrence Hospital ou the same night, where it was found he had sustained a wound 3in long across the bridge of the nose nud right eyelid, partially severing the iris from the tissues, besides a straight wound on the bark of the neck. Defendant denied that he used the " saw to Roughan, who fir-t a<svtlct?<l him, and in self-defence he used his h-uids, giving Roughan a blow on the tuotj, Whioh knocked him down, causing him to, fall over a bank about 51t deoe, whuro there were some mauuku stumps and broken b ittles. He gave Roughan two or three lucks while he was lying on the ground. Defendant's evidence was suppoited by a number of iho men* who worked in his claim, nil averring that Uoughan, before leaving the claim, biuf threatened to give Kirkpatrick "a good bid'ng." His Honor, in summing up, said it vns clear. that plaintiff had threatened to thr..sh defendant, but the latter had taken th« jib out of his hauds. Hud he contented himstlf with knocking him down, it was only what he deserved ; but he went further — ho foil »wed him over the bank and proceeded to Hick him and box his ears. As Kirkpatrick was foolish enough to let his temper get tbo better of him and kick and strike the plaintiff whilst down, judgment would be given for plaintiff for 20s. with Resident Magistrate's Court costs aud witnesses' expenses.