MAGISTERIAL.

Timaru Herald, Volume XLVII, Issue 4381, 3 November 1888, Page 4

MAGISTERIAL.

. -« TIiIARO— Fhidat, Nov. 2nd. (Before C. A. Wray, Esq , E.M.; DRrNKBNNBSS. A first offender was dncd 6s. / ABBACLT. Thomas Williams, with an alias or two, and a record of three convictions for vagrancy and playing games of chance, was cnarged with unlawfully asiaulting a lad named Alfred SJtocker on the racecourse about 8 p.m. yesterday. Sergt -Major Mason prosecuted, ut.d Mr Hay defended accused. Harry Laing and Williams, two " teachers of boxing," had a boxing tent on the racecourse, and were a good deal annoyed by peisonß who wanted to see what wtint on inside with mt paying the shilling asked for admis'ion, and who cut slits in the tent to enablu them to become illicit spectators. The coiuplainai t, Mocker, and a boy named Baghurst snore they were standing toge'her for some time by one of ths ropes o£ tha tent, not interfering with it at all. but listening to the noise inside, wheu some boy went past tbem and looked thr,.ugli one of "khe slits and then ran away behind them. Immediately after accused came out under the tent and saying " I have got you now," struck Stocker three times in the mouth, knocking out one tooth and loosening two others. A third lad named Brayden, who said he was standing at the next corner ot the tent swore he saw Williams come out twice, and the second time saying something about a " bov in a blue tie," he struck .-toekrr. There w*s aooth-r boy about with a blue tie, with red spots. Consiable Kgan. who arrested accused, said he did not deny the assault, bm remarked that the boy had no right to damage his property. He had seen both Laing and Williams hit at people through the tent from inside. They were a good deal aunoyed by boys trying to look in. Complainant's father, who was called, said be vra< a very good boy. For the defence, Harry Laing swore that while engaged in boxing, he saw a slit being madtf in the tent with a knife, and immediately a face which he recognised 83 that of t?tocker, with a blue tie »ho.ving beneath it. appeared at the slit. Hecilled William-' attention to it, and he saw him push the boy away He had h rasalf driven a«a> a boy with a blue tie whom he thoughi was Stocker, several times. After the assault be asked complainant to come into the tent and show his knife ; ho denied that he bad one, but other boys said he had. Accused swore that when Laing drew his attention to the Doy at the siit he went and lo' ked through it and sang out : " You boy with the blue, lie keep away or you'll gel hurt." Th» bjy, with others, was about three yards away. Ten or twolve seconds after a face auaiu appeared and he went up and struck at the canvas and hit the boy some wheie — it must have been on the face as it had been there. He (hen went but and said to the boy, " See wh:it you've got, it serves you right " Did not strike him at all outsid*, but pushed him off as Stooker caught hold of him. ■ .is Worship : Three witnesses say you did sirike. him "iitside. Why did you strike hi'ii at all You did not see him cut the tent? — No, but Laing told me someone was cutting it. Tho complainant was recalled, and re peated that the assault took place outside the tent. J. F. Nelson, the money taker, stated that hearing Laing tall Williams that someone was cutting tbe tent he went round outside and saw a Roy " pushed " from the tent. He was not struck afterwards. A youth named D. £. Elliott swore he jaw complainant cut the tent, heard Williams tell him to look out or he would get hurt, saw Williams push the boy away once, and when tie went buck saw him struck through the tent and come away with his mouth bleeding, a^d then Williams came out and said it served him right, but did not strike him again. Mr Hay having drawn attention to the conflict of evidence, and suggested that there was some excuse for an assault upon a wrongdoer caught in the act, His Worship said there was something to be satd on both sides. It was very annoying no doubt for boys to be making holes m the tent »nd looking in. At the same time if the bos did really cut the tent the proper cour3e wu% to h»ve him arrested. They had no business to take the law into their own bands, and it m*de it worse when a Btrong man struck a lad «o as to loosen his teeth. That sort of thing could not be permitted. Under the circumstances he would impose a fine only, of 20s and costs, or seven days imprisonment. sergeant Major Mason asked that half the fine, under Beciion lbi), should be awarded to the li jured boy Bu Worship declined to do this. He did not consider it proved that the boy actually cut the tent, but lie waf banging about making himself a < uisance. , J he fine was paid.