AN ASSAULT CASE.

Thames Advertiser, Volume XXVI, Issue 7879, 28 July 1894, Page 2

AN ASSAULT CASE.

A J.P. FINED £5.

(BY TELWIAPU PRKBB ABSOOIATJON.)

Dunedin, July 27. Considerable interest was taken in an assault'caso lieard at the Police Court yesterday. D. D. McDonald charged John Toomey, J.P., and a City Coun« cillor, with assaulting him. It appeared that when McDonald got into the last car for Valley, Toomey, who was sitting r some distance from him, became excited, and declared that he would "thump" him or "kill him." 1 Toomey,instead of.getting, off near his own house, remained in the car till McDonald got out, and he then followed him, and, it was alleged, struck him on the head and hand with a stick, and tore his coat' and overcoat. McDonald, who is lame, defended himself as well as he could, and finally got away. For the defence, it was alleged that Toomey had gone to the Valley, to get the key of a house, and got off to remonstrate with McDonald for persecuting him, by keeping away from him, some hotel valuation business. Toomoy. alleged that McDonald first raised a stick. Mr Carew .theStipondary Magistrate, said that, in his opinion, the assault was premediated, Hβ would inflict the highest penalty allowed by the Act, £5 fine, and £5 costs, or in default one months' imprisonment with hard labour. The defendant was also ordered into recognisances, himself in £50 and two sureties of £25 each, to keep .the peace for six months. Qn a. chargej of malicious injury, the defendant was fined Is, and ordered to pay damagos £3, costs £1 Bs, or in default seven days' imprisonment, cumulative on the provipus soutonco. ,