MAGISTERIAL.

South Canterbury Times, Issue 3106, 15 March 1883, Page 3

MAGISTERIAL.

TIMAEU— THIS DAY. (Before T. W. Hall, Esq.) drunkenness. Six inebriates were fined 5s eash, for first offences. Thomas Cox was charged with being drunk at the railway station. As he had been up for drunkenness on the 13th inst, he was fined 10s, in default 24 hours imprisonment. ASSAULT. Joseph Lukey was charged, on the information of A. McDonald, with assaulting him on the 22nd ult. Mr White appeared for the complainant, and stated that the assault was committed on the return from the ■carriers’ picnic. The following evidence was token : Archibald McDonald said he and defendant were at the carriers’ picnic on the 22nd ult. On the way, he offered to trot witness for a sum of money, and at the Old Bank corner defendant aimed a blow at him as he sat on the express, and subsequently tried to pull witness off the express. To defendant—l afterwards drove over towards you for the purpose of remonstrating with you. You struck me on the mouth. To the Bench—He struck me with his hand. To defendant—l never struck you, I merely shoved you away, though I could easily have done so. Walter Pierce said he was with complainant on the occasion. McDonald was trotting his horses home from Saltwater Creek and Lukey was galloping. At the Old Bank Hotel Lukey got down, seized McDonald’s reins and struck him in the face. McDonald was a very quiet man. To defendant—l saw you strike complainant. Leo Pastorelli gave substantially the same evidence as the preceding witness. M. Hobbs said he was driving behind Lukey and.saw that he was galloping. He saw Lukey trying to pull the reins ■out of McDonald’s hands at the Old Bank. McDonald was quite quiet. This was the case for the complainant.

For the defendant — Joseph Lukey, defendant, said, at the Old Bank he was letting his passengers down when McDonald drove close up, challenged him to trot for £SO, and persisted in annoying him. He also struck witness. From the height of the box from the ground, it was plain, witness thought, that he could not have struck complainant. To Mr White—l put my hand on McDonald to pacify him because he' was a little intoxicated. McDonald is a very quarrelsome sort of man, I never make free with him. I am not afraid, of him. Robert McComb said he saw McDonald drive towards defendant, quite close. Afterwards the two got talking, hnt ho did not see a blow struck except that complainant hit defendant with a whip. ~ ~ To Mr White —Lukey said nothing to me. I was sitting in the body of his express. There was an offer of a wager between them. I am sure Lukey never struck McDonald, I cannot swear that he did not seize McDonald’s reins. _ X saw McDonald strike him with a whip. To the Bench—As to their being sober, they appeared to be little bit happy ; they had been enjoying them* selves a bit. W. Howley said he did not see either party strike a blow. He knew hardly anything about it. To Mr White—Lukey was jolly on the occasion, and I think McDonald was too. I did not see him drink much, only a glass of porter at the picnic, and a glass of beer at Saltwater Creek. s The Bench were of opinion that the case was proved, but was not a serious one, and fined defendant 10s, and costs 13s,