MAGISTERIAL.

Timaru Herald, Volume XIIIC, Issue 14152, 11 March 1910, Page 6

MAGISTERIAL.

.TIMAIIU—THURSDAY, MARCH 10. I (liefurc Mr V. G. Day, S.M.) | CATCHING A TRAIN. | John JJurko, who was charged with ! having boarded a train while m motion ' at Tnuaru on February -6th, did not j appear, out sent a letter admitting j tin; oifeiiee. William Duncan, foreman at the Tim i am Railway [station, gave evidence in ! support of the eharue, and defendant ■ iva. fined Id.-; and <■•-•.,ts 7s. i THE DEN KF IT OF THE DOUBT. ! Charles Edward Jlaitt was charged j with breach o'.' pi .l.ibitiou order on j March Oth, and pic -i..d not guilty. j Constable liar hi ..aid that he- had) Keen defendant dnni-.iug beer with another man on Can Bar on March 6 tli. Defendant iaid :a was siiaply sitting on the cliff, read.'. / a ;k when aiK.iin.r iu;u . C::i'i-::r.a.-, came tip with a. bi'ttle, lu: ho d:d not a drink. 11m 'ad >v. t- Cliristnuis lor the liquor and i:e threw the bottie away. I Us AYorship said that he would give defendant th" hi-ne)i- of the doubt. NO LIGHTS. Hope Lewis was charged with having driven a horse and spring vehicle i*t night without a light, and was fined 10s and costs. CAVE ASSAULT CASE. A ease in which Thus. Kelliher (Mr Perry) preferred a charge of assault against- William O'Neill (Mr Johansen; came up for hearing O'Neill appeared with his right arm in a sling and pleaded not guilty. Mr Perry said that his client was a surfaceman near ( ave and defendant was a, fanner near the railway line at Cave. The parties had been before the Court last year when defendant was convicted and lined £l. Mr Johansen objected to this statement, but His Worship said that it had a bearing on the present case. Mr Perry continuing, said that the bad feeling had continued after the conviction, and plaintiff had complained to tlie police. Defendant appeared to boa very violent man indeed. On the evening of February 16th Kelliher was passing O'Neill's place on his trolley, when the latter said "Now I've pot you."- Kelliher pushed on, O'Neill followed and endeavoured to get at complainant. Kelliher used a stick to keep O'Neill off, and thou the Utter throw some shingle at Kelliher and partly blinded him for a time. A stuggle ensued on the line, ICelliher eventually getting away. He returned later on with another man. who saw evidences of a /struggle, and v.ould give evidence to that, effect. If r.n assault did take place on the line defendant must have been the a««r r essor for he had no right there at all. Complainant had tried to keep out of O Nodi's way, and had not the slightest motive for getting milxbd up in a row, whereas O'Neill, had the motive of revenge. Complainant gavo evidence to tho above ''fleet, adding details of the as--8 i Vv'i' os ;, stn 'M:gled for some time, and O'Neill clutched his throat hurting it very much Witness caught one of fingers in his mouth, then Mrs O'Neill came up hitting witness with a stone. After more blows witness remounted Obis trolley and went o.n to the Cave. After the asMihlt witness found that his forehead was bleeding and that his neck was Scratched and bruised. To Mr Johansen: O'Neill tried to get the stick from him, and witness might have hit liim with it a few «,'5t os . - „ llc mado no attempt to bite O Neill. David Mackenzie gave evidence that Jic saw Kelliher that evening, and noticed blood running down "his face, wlnle his clothes were partly torn n-v fi> °f tho , raii ™y lin e near UNcdls place l ro saw s ; f stnicjdo. Martin Condon and J as. Shepherd corroborated complainant's evidence in >'crtam details. Dr Gabites gave evidence that he had examined Kelliher on February mil. and found several superficial bruises about the faco and neck. There

was also a lacerated wound, 2J inches long, but quite superficial on the right side of Kclliher's neck. lu defence Mr johansen submitted that' there was no case against iiis client. His Worship: AVhat! No case? Mr Johansen: Yes. There is practically ;io evidence in support of Kellilier. The evidence points just as much to an assault by Kelliher as to an assault by O'Neill. Mr Day: 1 d,o not think so. The evidence at present is that O'Neill was the aggressor. Mr Johansen then intimated that one of his witnesses, defendant's wife, who could give important evidence had not turned up. His Worship: Well defendant knew that the case was coming up, and there is no ground for an adjournment. Mr Jo.hanseii said that he was prepared to proceed. .Win. O'Neill, farmer, residing at Cave, said that on February 16th he was working a horse near tne railway crossing and knocked off at 4.20 p.m. He had see;i Kelliher passing but had :,aid nothintj to him AVitness was going to cross the Hue and Kelliher said to him "Go off the line." Witness did pot stop, as he wished to get over the crossing, and then Kelliher hit liim with a stick. This led to a struggle and Kelliher bit witness's finger. Tliis was so painful that witness scratched complainant's face, and at last got away from liim, after Mrs O'Neill had given him assistance. To Mr Perry: Ho did not call out to Kelliher when ho saw him passing on the trolley. He did. not pick up gravel and throw at Kelliher, and was not the aggressor. He had not a dislike to Kelliher, but had not spoken to him for two years. Kelliher assaulted him, though defendant was a bigger ma». Dr Paterson, Pleasant Point, said that he had examined O'Neill on February 16th. and found a, bruiso over the left shoulder and one finger lacerated. His Worship said that on the case before him he could only draw the conclusion that O'Neill went out of his way to get at Kelliher. It was apparent that _ O'Neill had suffered more severe injuries than complainant, or ho would inflict a heavy fine. He would fine O'Neill 40s and order him to pay costs—solicitor's fee £1 Is and witness' costs £4.