POLICE COURT.-Tuesday.

Taranaki Herald, Volume XVI, Issue 822, 25 April 1868, Page 3

POLICE COURT.-Tuesday.

' AS3AVI.T. x •, ■' Michocl Alexander. Was charged with having asp;u)!ted John ' Bland, soii.i by knocking him "\iown with ,his fist., Tho.flQfoiidarit allogod thafc , the assault was committed in.'self-defonco. r • - .; John Bland, sen *.^s worn : I purchased a horse. 'from defendant about six weeks since, and was to givo him tho scrip' of two town sections and. '£3 for the horge, saddle, and 1 bridlo. I had only one land order in my house, ■tvhich I gavo.tO' defendant, aud.l was to givo.hira tho otbet on tho.Wedhcsday fpliowing. I ga'vo him ,ss..and. .and 'wad to givo htm the balauco on ! Tlinrsday. ■ lie. .delivereid; tho',horsej saddle, :and bridlo fo'ino. Ou tho day following tho purchase, I put tho horse' into a, dray to bring sotno oats from Kaitaki!, when I found' he gibbet!. So wjion I got. homo I sent fbr Alexander. ''lie camo Jono evening about ih rea weeks , after. ■ I then a|ked him to lake tbo horse' back. 110 said ho c'pnltl not as ho had dealt with tho jand , or.der, ' but promised 'to como down daring Ltie middle of the next week to try tho horse. lFti ; b'a'mc on Easter Sunday [eveuing/iand said if I' bttjuf'ht tho liorso to his ]>laco tho next day, ho would, sottlo with me. My sou and I went to his placo aa he re(1 qu93tcd the next evening, wo could, see npbody. Wo" -wciii'to ''MclCrty's, aHd^'thcto w6 'fomidiMr. Aloxtmilur. rAle"slandi>r, McKay, and Mol\il (.lion came out to us, and wheu we yoL to Alci-audor'a

! gate, ho asked us in. Wo went in and backed tho two horses to tho fotico. I wont into tho lionso to light my pipe, and as I camo outsido I saw Aloxnniloi* ttiko tho ropo od' tho well and put it on Iho horso. 110 bogan to lake oCTtho saddlo and bridle, when I told him not to raoddlo with them nntil wo had had a settlement about tho horse, for they woro my property. I took hold of the saddle and said ho should not tako it. 110 replied,' c f Aro j'ou a bisttof man J,hau mo." ITo then lot tho Hadcllo go, cursed mo untl knopkoil mo down with his fisb. 1 boliuvo my son stiiick him-anrl said "Von cowardly A^llo.v whit did you striko tho old man for." McKs'y and JRilvil unmu out just as I was going to alrika d.'Ajml.infc with a whip, and stopped me. When [ got up my son and dofoiulaut woro lyinj; on tho ground. •'• tfolin fjland, Jim.,- sworn : lam son of plaintiff. T rocoJlecfc Alcxandor coining tcJ onr honso on iCjis»^er Suiulay ufiornooii. 110 said to my iiithct" if Iki wotilil bring up tho horso, ho (dofonilant) 'wonKl sottlo with him. On Easter Monday wo Wont to defendant's placo, 116 \Vas iiofc at homo, but wo found him a,o John MoKny's. Alexnndoraskcrt mo if.[ had, brought tho horso np, I siud vrp h;>d and would loavo it a.l his placo. Wo went up with him to hid honao, and ho asked 113 • in, tolling n& to fasten- tho horses to tho fenco. 110, then took tho rope off tho well buokot to put oil, fcbo horses neck, wheu my father said to him " Alick, do not touch tho horso till I havo had a proper scttlom'ont, with you." Alexander imme-diately-^ushod forward, barred tlvcgnto and said c ',You will bavo/to prove yourself a better man than mo, to ,tako tho, hovrio out of this.", Alexander took tho snddlo and bridlo off tho horse. Father caught hold of ono sido of tho saddle- nnd. Alexander tho olior. Th6y had hold of it ("or one or. two seconds. • Alexander, cursed my father, and struck hiirt in tbo face. I then struck, (lofentla'Mt with tho whip in thofapo. Ho knocked mo down, t was about threo yards olf .whon defendant strnok my father. '" I won't' swaro who •Btrpoktho first : blo\\', but! don'tthink my-fathor could from h,is position. Ilonry Mouaghau, swoi^ : I saw complajnan.fc on Eiistor Monday üb'do'fondanl'^ honso, aucl saw Mr. Blami'piok a saddle np tlmfc'was lying' on tho' ground. ' Alexander took it from him and shovod liim.avray, and I boliovo knockod him down. , I was a,bont a chain .off.. , - . ' John. McKay, sworn : I romeinb'ov Mr. Bland coming on Euster Monday to' 'my place:' We' .then cell wonfc up to Albxandor's hut, (Alexander, Melvil, I, and John IJlandj jun.,) and wo wont insido. Alexandor and couyjlaiuaut after a whilo \V6nt outsidp tho 'hut,' whoa I heard Alexander say ha would toUier otit' tho'"rior'so.' Ih'cakl no' objection from Eland, but a 1 fow tniiuilcs afcor Alexandor culled mo by name, and Bland, galled, Molvil.,; I wenl out, and saw -Bland and. Alexander holding a saddle, 'which thoy'wbro struggling for the possession 'of, • at last' s Aiex;inaor got it. Bland then- raised his whip aud strndk defendant' over tho head./ • Defendant seotnod. stuuned for a second ior two, but on icoovering himself, he knocked Bland down. Bland," juti., "Llien ran up ami slr-nok flotonclanfc with hig Whip. Dbfond.int then knocked Bland, juu. 'doVvn. I 'positivoly 'swear tUat '.both of tho Blaud's, struck • .with ■whips.. , ', , ', - John Molril, nwom : ' I ro'mombor tho : 13th instant I' was in defendant's houso. I was called onfydiy. plaintilf. . Aloxandor • and plaintiff were struggling for the possegpion of.a saddlo, I can't say who .struck, tho first ■blow, . I sajy plaintjff^ si v'iko dofondanb' with a whip. ' IJcfcndan'tknocked plaiutifl'down. Tsoparatcd thorn. I did riot sco a' stick usod.' I'laintiff struck "defeadaat oil the t head before ho. was knocked down. Tho Court suid that the cvjdenco ,in ,this case was so conllictin'g that it could nob_ possibly ; con'vicL tbo defendant. There could btfnd'cloabt ■ that tho parties wore onga'gbd in a disgraceful eqiiabblo, and even if it woro; tho oaso. that tho .defendant .struck tho 'first blow,- ib would soom ihat bho. prosecutor lost no time in vqtuvning it with intevcstV inatoacl of Booking- rudrnss in a lugal mannor as ho ought to have do no. Caso diHtnisaod. ; - .