RESIDENT MAGISTRATE'S COURT.

Timaru Herald, Volume IV, Issue 97, 23 March 1866, Page 3

RESIDENT MAGISTRATE'S COURT.

TlMAßU— Tuesday, Makcii 20, ISCG.

[Before B. Woollcombe, Esq., R.M., W. C. Beswick, and T. \V. Hall, Esqs., J. I'.s.] The Beach granted an application for tlie transfer of license for Royal Hotel from Mr. C. Green to Mr. E. Hooper. William Butterworfch was fined sa. and costs for neglecting to keep a light burning at the Queen's Hotel on the uiglit of 12th instant. J. Hawley v. William the Blacksmith. The prosecutor stated it was his wish that this case should be withdrawn, which was allowed by the Bench. [Before W. C. Beswick, Esq., J.P.] Zachary Patterson, a man of colour, was charged with having unlawfully stabbed one Henry Pritekard. Mr. Perry appeared for the defence. Henry Pritohard, sworn, deposed : I am a butcher residing at Mr. Waklen'a m Timaru, and know the accused. I sasv him this morning at Melton's, Timaru HoteL He aasaulted me and called me a vagabond. I went into the dining room to know the meaning of his calling me such a name. He said if I meddled with him he would knife me. He then struck rae with a knife m the arm. I then ran away. Dr. Christy attended me. I was stabbed m two places. I ran out and said I was stabbed m the arm. The accused came to the door with a knife m his hand, I believe to follow me. I did not see the knife. By Mr. Perry : I saw the accused m the street some time before the assault. He insulted me by calling me a vagabond, not only once but several times. I might have struck him m the street some time before he struck me. I will not swear I did not strike him. I believe then he went into Melton's house. The door of the room was shut m which I found the accused. When I went into the room he was standing behind the door. I asked him what he meant by insulting me every time I saw him. He told me he would knife me if I meddled with him. 1 never put my hands upon him m the room or iv Melton's house. He rushed at me without any provocation and stabbed me m the arm. There is iio reason for our not being on good terms. I remember being m Melton's last night. The accused was there also. I did not strike him last night. John Melton, sworn, deposed : I am a publican and landlord of the Timaru Hotel, and know the accused. He was m my house this morning. I know Pritchard was stabbed m my house, 1 saw him afterwards. I heard a scuffle and opened the t;ip-room door. Saw the accused with a knife m his hand, the blade of which was open. He said a knife was the only thing he had to defend himself with, aud that if he was struck again he should use it. The butcher said he had been stabbed. The accused was m a very excited state. I saw him rim into my house this morning when I was m the bar. Shortly after the butcher came running m. The accused said he had been struck m the street and was not going to be insulted by a blackguard. This was said m front of the bar door. [ heard the butcher use bad language. He came through the fence that divides Walden's place from mine. He must have overheard what the accused said. I saw them meet m the steefc. The accused was walking dowu the street as if going to his shop. He had just had his breakfast. As he was passing Walden's I saw the butcher run out and "shape" m front of him. I could not swear he struck him, but he was m a fighting attitude. I could not see if any blows were struck as the accused's back was towards me. The accused ran directly after into my house. I remember both being' m my house last night. I saw the accused leave the room and go into the i>assage. The butcher followed him and I heard them talking, the accused saying something about the butcher being a "lag." I have always seen accused avoid the butcher whenever they have had any words. By the Court : I have never seen the accused try tn provoke the butcher. Thomas George, sworn, de]>osed: I am a writing clerk, residing m Timaru. I know the accused by sight. I met him about 9 o'clock this morning. Mr. Masaey was with him. The accused spuke to Massey, but I only heard a few words, to tin: effect that the butcher's man had been following him and that he had been giving it to him. I did not see a knife m his hand. By the words ** giving it to him," I should infer that he had struck him.

George Poison, sworn, deposed : lam a Police Constable, stationed at Timaru. The plaintiff m this case came to the police station about halfpast nine this morning, and wanted to give the accused m charge. He had a wound m the left arm, which" he said had been inflicted by Patterson. I went to the accused's place and arrested him, cautioning him m the usual manner. He then told me he was going from Melton's after having breakfasted, down the street. He had a penknife m his hand cleaning his nails. The plaintiff met him and struck him. He ran into Melton's and closed the door. The plaintiff forced the door open and made a rush at him. He said the wound must have been inflicted during the struggle, he still having the knife m his baud [Kuife produced] By Mr. Perry : The accused seemed very sorry for what he had done, m fact he cried. I saw him last night He told me about the persecution of Pritchard. About half-past nine o'clock last night 1 was going past Mr. lnglis' house and passing by the artesian well, heard some one sing out "Poison." On hearing my name called I went towards the artesian well and found the accused seated on one of the planks. He told me lie was taking a quiet walk m order to avoid Pritchard I asked him why he wanted to avoid him ; he replied because he had annoyed him at Melton's. He had told Pritchard he would summons him if he annoyed him again. By the Court : The accused gets his meals at Melton's. Ido not kuow whether the plaintiff does or not

W. B. C. Christy, sworn, deposed : I am a Doctor of Medicine, residing m Timaru. I saw the prosecutor to-day. He shewed me a wound m his arm. It was an incised wound, an inch and three-quarters long, on the outer part of left arm, about two inches above the elbow, produced by some sharp pointed instrument like a small knife. It was possible it might have been done by a piece of glassi I stitched the wound.

There was a small scratch as well, but of no moim-nt. It is quite ]>ossib!e that the wound was inflicted by t!ie p-.-iiknife produced. | By Mr. Perry : The wound mi^ht have been i inflicted by falling against a knife iv another person's hand. The second wuuud was a mere scratch, about one-third of an inch m length, quite superficial Mr. Perry, for the defence, said he was instructed that the accused had been very much persecuted by Pritchard. He was sorry he could not put the accused m the witness box. All that tiie Bench could go by for the defence, was what the accused had told the arresting constable. The accused had told him the same. There was evidently great animus shewn. The accused was a man ot color. He would wish to bring before the notice of the Bench the way m which the prosecutor bad given his evidence, which was not at all straightforward. There was no doubt on his mind but that the prosecutor had rushed into the room and committed an assault on Patterson. Ho (the prosecutor) might have fallen on the knife which the accused put up m self-defence. He (Mr. l>rry) would bring a witness forward who would prove that the prosecutor assaulted Patterson, and would call Robert Morgan, who, on twing sworn, deposed : I am a butcher, residing m Timaru, and know the accused by siyht. I saw both m tiie street this morning, m front of Melton's. I saw Pritchard strike at the accused, but could not swear if he hit him, as 1 was not close enough. The accused hit out at Pritchard who shaped at him again, and prisoner ran into Melton's. The case was remanded until Tuesday next, bail being granted.