RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 3312, 31 January 1879, Page 3

RESIDENT MAGISTRATE'S COURT.

payment 14 days' imprisonment. The case against Falkner his Worship regarded as doubtful, and dismissed it.

-. . ... --■" -,v,T. .;.. .;../<■ . . / . ,/\ /-.-" Thursday, January 30, -: (Bef ore v H. TMcCulloelV ESq?, R.MO ■? 7 John Cavanhagh was charged with a breach of the Municipal Bye-laws, at the instance of 7. the : inspector of .Nuisances, Invercargill, on the 2nd Nbvernber,* and fined 10s, with" 7s costs.'". Übhn. Kingsland was also charged with a breach of the same bye-laws, at the instance of th'e j "inspector ■at -Eas^ Inyercargill, on the 2lst curt., aud fined in ss, arid Is costs. /.;' Sabniel Gray, charged with the larceny of a. sum of money, and whose . case was previously noticed, was . discharged? from the bar. '■■ X '■; • '' ■'--■• ' Mra Hannah O'Brien', who had applied fpr | protection? of her earnings against her husband, received, intimation ; that ? the - same would be granted the. following morning, provided that by that time she saw no cause to withdraw the. application. Cases concerning Chinamen next occupied the attention of the Court. Hbiig,* Lum, Strang, and Fom, charged at the instance of ''Wong Mcc Chang with a breach of the peace and; "the smashing of a window,' value- £5, were bound over to keep the peace for six months, finding one surety in £5 and selves in £10] and mulcted in £2.lssand 13s-9d costs each. John Ah Tong charged John Ringrove and Charles' Falkner with having Tcbihmitted an assault upon him on the 26th inst. by striking, kicking, and knocking hirri -down within Wignall's boarding-house in Dee street. -? Complainant was represented by Mr Finn, Falkner by Mr Reade, and Ringrove conducted his own case. .7 '---i ■'-"•-•••". The complainant was examined by his "counsel^ and spoke to. the particulars of the assanltupon him. '. - ; Examined by Ringrove, complainant said —You "struck" me-twice; I- did hot strike yon first. I was asleep on the sofa when -yo«i andanother came into the room "jawing" the Chinamen./ During the scuffle I was never on your back- •; but you were on mine. ; .irheyer said I would "cut -your throat. "You struck me twice before?! struck you. Since yon came to the boarding-house you have > been a, great annoyance; to the? Chinamen ; you would never leave me; albne. Examined by Mr Reade— Falkner did not attempt to prevent Ringrove? and witness fighting. Falkner 7 struck 7 witness andgave him a; black eye. After the affair was over he came up.. to .witness : and said,---x" Ah Tong, I've been helping you all the time, my -boy." Witness never said that Falkner had' nothing at all to dp with it.' Witness had been in the house for a number of -- weeks, during which time Falkner had : shewn bad feeling to him.T . ; 7 • ; A -William Wignall,: examined by Mr Finn, deposed— He was present onlyat ihe finish of the xOw. : He tried to separate Ah Tong and; -Ringrove when" on the ; sofa, and partly loosed them. Falkner. went over to the sofa, tood- hold of Ah Tphg, and tried" to get him off, but did not see.him: strike. -Falkner aid something which "he: did not see.. AThTong, when on the ground, was struck by RingroveAhTong^as a very>quiet man, and he had not a.word to say >agairist him.- There had been a.great deal of Tprejudice shewn against • the Chinamen Of late', owing to their bringing down the price of labor. Examined by Ringrpye— He did not hear Ah Tong say that he would cut Ringrbve's throat, or ever hear Ringrove say anything against i him. Witness rated Ah Tong jas equal tb & European, and above the common.: run of Chinamen. /? . >v /: Examined by Mr Reade-^After the fight Falkner came up. and said to -Ah r,Tpng P .You have nothing to say against r me, /Thaye you" ?". and Ah Tong replied t^ce?" No/ .nothing at all." This happened outside the. kitchen. Peter Ramsay deposed the disturbance happened about half past" 12 o'clock last Saturday night".? He had gone to bed upstairs. He could hear everything that went on quite plainly, and came dpvra immediately. , Rin-r grove was using bad language tp.Ah Tohgl When he got down theYtwo whereyin grips, andhetriedTtoTseparate them. ivFalkner had his coat bf£ but put it oh immediately -when . witness said that if they were going; tp.hahdle Ah Tong .he (thewithess) would tiy'' to separate them." Falkner caught hold of Ah Tong, struct, kicked, and threw him down, Falkner saying something about a f Chinaniah striking an-Englishmah. ''•"'■'• -'.;..' 7 ' "'-■'. ■-. Examined by Mr ftinn,— After-, there were many in the ; robin Falkrier did hot.do anything, he was too much of a coward. There was not a quieter man in the house than Ah --Tong. . -,-... /7. ..... '-:" '[' 4PPX : XP~' Examined by Ringrove^— Witness neverheard Ah Tong .threaten to- cut Ringrove's' throat. "" t Complainant had a black eye, ahd ? Was bleeding all oyer the face. He heard him say. something about: cutting; ;his own j throat.: xAp.-yy; 7aPA::.P. *•'?" ■?.' Examined -by : -..Mr Reade— Falkner struck intentionally and wilf nily. After the fight he got; timid,' and said; to Ah Tong .?' I am your friend, arid always was." Witness there,/upon replied ." Yes, you assisted? in knocking him down." John Cameron,, examined; /by ;/Mr Reade," corroborated the .evidence of the last witness. Falkner. struck Ah Tong when he/was down, and did not try 'to separate the two. By .'---life ;/yvbrship— Witness was present; at the beginning of the . row. Ringrove , struck, first,- arid twice before A:h Tong returned It.^T Examined by Rihgrove-^-Ah Tong tried to get rid of you, ybu went down. John Latta, examined by his Worship, deposed he was present at the row,, heard Ringrove use bad language.tp AW Tong, -who. answered by saying something about? cutting - /every Englishman's throat. Ringrove gave ; him- -a blow 'in the face, 'and'? then the; scuffie/tOok place ; saw Ah Tong? on the -top • • of iihe. other m; ; the sofa, and Falkner - come and -pull hinr poß. and throw him to : oneside. .Witness then left, but afterwards/returned • ahd saw mOre tusseling.- • / A .-A AXpx iExamined/by -Ririgrove— -Witness did . /hot X see vFalkneristiike or-kick Ah tong, he only" pulled him off. '7 ?7'T" //. . John Rin^ove^depbsed ; -tbat at the "com- -.-. mencement; of 'the^bWj/hpancl Falkner had; some cohversatic^ipn'the-jqaestipn of 'Chinese cheap-labor. ' w^present, ■■ .threatened to cuteye^;?Engiishman's throat, '-•'■ and this led tawords.;^?Ah .Tong Tthrew him ' on the . sofa, aad strack.;.liimi /7He< got/him (witness); down oh the.-flopr, ahfligpt/holdof his throat, saying he wohld /cut it. 7 Falkner then came forward and . endeavored tp separate ' them. ; 7:7? 7" ; : AXA;PxAPiX xppApAA-A i : Examined by, Mr. Fhin-^Vitaess.wbuldnot say thatf he . did not use bad /language. /Ah .; Tong first caught Thpld. pf lnmpp;pp;:XxyA; Examiheiby Mr Reade----Falkn.er/did riot? .use more force than /was hecessaiy tb/get i c^plaahant oS, X . x'.A-p.-A-p-. '"-'- 'P %r. Reade then briefly addressed the Bench?- --: fo^^kner/lcontendihg that all tha/parfr be - play e Hn tiie scuffle was merely to try and sep^at^ingj^g j^; Tong, and; that - nothing wSld- have been said or done against ? ; ¥alkne^^_Jt^^ e^ith^s^ ppX- .:.•;.;. C^^l^-K^^r wais then eiamiried_ speak-. 7 ing veryifavpiaw^ _ t o Ah ffon^ and stating^ that there.was^no^ quieter? iriahihythe house r and; that ; all A^fa -^ do 7i n ..ftie ■■A A scru^^s^separate^^^- :^ 0T v.y His Worship saul W^/fche Evidence - v '.-:' itappe^ed^at^c^^^K^- disturb-/^ pp ance 7;was/ mAM^mpX^X^M^, : ? i^bbr^ % were^mte/ent^^^-^; 'V t T^pihibhs; they chose, >: '- " :,^(^ " ; ' : ' PvxxiA- XpA^&ma. ■ aj/ Equality p<& lighia /w^, '- Px^ l^ men ""«V"tM-1aw8. .-• Heliadidb/aonbtTA -PAa- A^ta assaulthavJDg been^^c6mmittbd;a,hd?with--44 .A99b ptoyocaiioii;by Ringrove 'otf^'Tcmg »pa fi»e4 tiwAM, »<i costs # faiija=