Magisterial.

Star (Christchurch), Issue 223, 29 January 1869, Page 3

Magisterial.

CHRISTCHURCH. This Day. (Before C. C. Bo wen, Esq., R.M.) Drunkenness. — Peter Lynll was fined 10s for having been drunk and incapable yesterday. Violent Assault. — John Smart, David Smart, and Thomas Smart, father and sons, were' brought up in custody charged with having. violently assaulted Thomas Mason, on the night of the 27th inst. The last-named prisoner was, to some extent, a cripple, and carried a crutch, but the other two were ablebodied men. Sergeant Jeffrey proved arresting the prisoners at the Miners' Arms Hotel, on the Coal Track, and to the tomahawk produced having been identified by Mason as the one with which he was struck. Thomas Mason, who appeared in a very we-k state and with his head extensively bandaged, said: T am a ca-rier on the West Coast Road. The night before last, I was driving a dray from Christchurch, with Machin, my mate, a little in advance. When near the Harewood Hotel, I overtook the prisoner, David Smart. He asked for a ride, and, getting in the dray, we travelled together as far as the Miners' Aims Hotel, where I was to stop for the night. When we went into the house, we found the other two prisoners there, and Machin had also arrived. It was about 9 o'clock when we got to the hotel. I had supper with D. Smart, and we were afterwards all in company together. About eleven o'clock I wished them good night and left. We had had one or two drinks together, but I was sober, and there had been no dispute. The prisoners were not drunk, but a little inebriated. When I got to my wagon outside, the thrca prisoners surrounded me, and I was immediately afterwards knocked down and kicked, but I could not say by which of them ; I was kicked in tr-e bowels and struck on the head and all over the body. I tried to call for Mcßae, and then became insensible. They did not say anything when first attacking me. _They used their hands, with the exception of Thomas Smart, who used his crutch. I am still suffering inwardly as well as outwardly from the. blows. I had not given them any provocation, nor had we had any dispute. By prisoner John' Sma'rtT I was not intoxicated, nor did Mcßae refuW'to let me hare more drink. By Thomas Smart: I did not take the candlestick off the counter in the bar and flourish it threateningly over your head. I did not strike you, or break your crutch on your back. We had no quarrel. Simon Mcßae : I keep the Miners' Arms Hotel, on the West Coast road. I recollect Thomas Smart and his father being at my place on Wednesday evening, and also last witness and David Smart coming in about nine o'clock. Mason was driving a wagon. They had tea together, and afterwards a few drinks. Thomas Smart tried several times to create a row with Mason. He used very insulting language, but Mason said he would not like to strike him for a pound. About eleven j o'clock Mason said " Good night boys," and went away. I then told the others it was time they did the same, but they replied that they would stop as long as they liked. I then put them out by force, and closed the door. I Shortly after, I heard a scuffle, and my name ! called ; and on going out to sre what was the matter, I found Mason on the ground and the other three kicking him in a violent manner. I tried to get them away, and after sme trouble succeeded in doing so. The tomahawk produced is mine, but I did not put it on Mason's dray. I was about the house all the evening. I never heard Mason give any provocation whatever. By David Smart : You were helping the others in the assault. By Thomas Smart: I saw Mason take a bottle in his band, and tell you that if you did not desist from insulting him he would knock you down, but he did not strike any of you, nor did he provoke you. John Machin : I was at Mr M'Rae's on Wednesday evening, and my dray was clo^e to Mason's. I was sleeping in it, and heard Mason calling out " murder," about eleven o'clock. I went towards him, and saw one of the three prisoners knock him down, but I could not say whether he had been down before or not. Aa I was going up to Mason, one of the prisoners ran towards me with a tomahawk in his hand, and aimed a blow at me. I tried to evade it, but was struck on the arm. By David Smart: Mason was not drunk. I do not know how the disturbance commenced I was not in the bar with you. Samuel Alexander Patrick, surgeon : I was called up early yesterday morning to see a man who had been assaulted at the Miners' Arms. On arriving there, I found Mason lying on a mattraßS before the fire with his head covered with blood. I washed his face, and found that he had four incised wounds on the right side of it, and one on the left temple. I then examined his body, but could find no discoloration. He complained of considerable pain during the process. There was a swelling and one discoloration on the right shoulder, and he particularly complained of tenderness on the right side in the region of the spleen. He had evidently been seriously hurt, and the wounds appeared to have been inflicted by a sharp instrument. I could not say positively that Mason is out of danger, but 1 do not apprehend any serious result. In defence, the prisoners each made a rambling statement, to the effect that they were all drinking and quarrelling together, and that Mason commenced the row first, by taking Thomas Smart's crutch and striking him across the back, the cratch breaking with the force of the . blow. Kach showed one or more marks of blows received in the scuffle, but they were trifling. Simon Mcßae, recalled by the Bench, said the prisoners were not drunk, and that Mason did not attempt in any way to molest the prisoners whilst in the bar, but Thomas Smart tried several times to quarrel with Mason The prisoners had to be put out of the house by force. Mason went away quietly by him-

self before the prisoners were put out. His Worship said the assault was one of the moßt brutal and unprovoked that he had heard of for some time, and his only doubt was whether or not he should send the prisoners for trial. Drunkenness was no excuse tor their con«» duct, and they would each be sentenced to three months' imprisonment at hard labour, besides paying all costs of the case.