POLICE COURT.

Taranaki Herald, Volume XXXIX, Issue 8754, 16 April 1890, Page 2

POLICE COURT.

Tuesday, April 15.— Before C. 0. Kettle, Esq., R.M. Stiiuck Out. — The case Jane Trigger v. Jolm Trigger jim., was called on, but as there was no appearance of either party the case was struck out. Rival Coaciiks. — James McCullum was chr - gcd with assaulting Thomas Moore at Okato on April 9. — Mr Samuel for complainant, Mr Roy for defendant. — Defendant pleaded guilty under extenuating circumstances. — Mr Samuel called Urn complainant who said lie was driving a coach for Mr Roebuck on Wednesday April I) from New Plymouth to Rahotii. It was a four horse coach. Mr Blake, Mr Roobuck, and Miss Thomson were on the scat with him. Past Oakura McCulluni's co.ich from New Plymouth came up behind him on the near side of his coach. This was the wrong side. There was not, besides, room to pass on the road. He whipped up t-nd got clear of McCullum's coach, and kept the lead to Okato. lie never spoke to Mc(Jullnin then. Going up another hill he looked behind and called out, " How are you coming up, Mac?" and McCullum replied thai it took him (.Moore) all his time to get up, and that the passengers had to get out to enable him to do that. At Okato he stopped, and the ostler had just got hold of the leaders, and he was putting the whip on top oL" the co.ich, when McCullum dro\e up. As McCullum passed he hit at him with the double of his whip and struck hint on the head. McCullum then got up and lashed at him with the full length, and struck him on the face. 110 then said something, and looked back and hit out with the whip again and struck Miss Thoimibon and a Maori who was getting out of the coach. He was quite sober at the time. McCullum never asked him for the road. — Robert Frederick Roebuck, proprietor of the coach driven by Moore, gave evidence, in Wii : ch he stated that Moore said, •' How are you coming up Mac. ?" to McCullum on the hill, where McCullum was driving up. McCullum came up on the wrong side, and never asked for the road. He heard since that one of his wheels had grazed the hoof of one of McCullum's horses. When McCullum passed at Okato he heard a swish, and on looking round he saw McCullum leaning overwind slashing at his driver. He saw a red mark on his driver's face from the second lash. The third lash hit a Maori on the hand. lie did nothing to irritate McCullum. — Rubina Thomason also gave evidence. She said McCullum's whip hit her on the head with force at Okato. She saw a cut on the driver's face afterwards — For thedefence, Mr Roy called James McCullum, who stated that he came up with Roebuck's coach at Betts' hill. His leaders were at the tail of Roebuck's coach going up the hill. The load was good. He told Moore to move on, and Moore looked round and replied, " Plenty of steam left yet." Previous to this he called out for the road three times he was certain, but he would not give way. Moore also asked him how he was coming up, and he replied he was all right, which did not appear to be the case with him (Moore). Moore kejit the road at the top of the hill, and would not let him pass on the right side. He then tried to pass on the left, and had partially passed when Moore started off again, and Roebuck called out to him " Steady." He then eased his horses down, as he saw there was danger. They might have gone parallel for fifty yards. Moore then pulled into his leaders, one of which was injured just near the fetlock by the near hind wheel of Moore's coach. Ho then pulled in. The horse that was injured limped, lie admitted striking Moore with his whip, but it was on account of the jeering way he had treated him, and on account of the aggravation he had received. He was sure that he did not strike Moore more than once. — A witness named Blackburn got into the box, but said, " I decline to give evidence," and he was then ordered to stand down. — This was the evidence. — After counsel had spoken, His Worship considered that a dangerous assault had been committed, and lined defendant £2, and costs £3 2s. The Court rose.