THE COURTS.

Tuapeka Times, Volume XXV, Issue 4252, 26 June 1895, Page 3

THE COURTS.

MAGISTRATE'S COURT. TUESDAT, 25th JUNB. (Before B. S. Hawkins, Esq., S.M.) ASSAULTING A CHINAMAN. Thomas Kelly, a youth about 18 years of ' age, was charged, on the information of Looh Young, with assaulting Mm on the Bth inst. in Irvine-street, Lawrence. Mr Dalziell appeared for complainant, and Mr Crooke for accused. Mr Dalziell, in opening the case, stated that the complainant was proceeding home along the Wetherstones Road about midnight on the Bth inst., and when opposite Browne Bros.' timber yard he was assaulted by the accused, who knocked him down and afterwards Btruck him on the thumb of the left hand with a stone, wMch incapacitated him from work ever since. Two companions of the accused were met by complainant riding on horseback, to whom the latter complained. These witnesses would say that they had parted with accused at the Bailway Hotel about 11.30 o'clock, and again met him near the railway crossing. Counsel hoped his Worship would, if the case were proved, inflict a substantial penalty, because conduct of this nature was becoming too common. Only recently two of the local justices had fined offenders similarly charged and convicted Is, which was simply farcial and inadequate for such conduct. He oalled Isaac Pellatchie and G. P. Gooday, who gave evidence of the accused having spoken to them on the night of the assault, but both witnesses denied seeing the assault committed. They parted with accused at the Bailway Hotel stables, and again met him near the railway crossing, Wetherstones Boad. The complainant, in his evidence, said he was going home when he was struck from behind and knocked down, and afterwards struck on the left thumb with a stone. His thumb was still very much swollen, and he was unable to work. He recognised the accused, although he had not seen him before or since the assault until he saw him in court. After the assault complainant went to the Bailway Hotel, and Mr Laffey told Mm who had gone along the road. Mr Crooke contended that there was no case to answer. No person saw the assault, and the complainant could not possibly recognise his assailant, as he did not know Mm. Complainant did not see or hear anyone until he was knocked down, and it was impossible for accused to say who had assaulted him. He contended that the case must be dismissed, as there was no corroboration of complainant's evidence. Counsel recalled G. P. Gooday, who said he did not see the accused until he was witMn a yard or so of Mm. The night was dark and cloudy. Sergeant Conn, who was in Court, stated that the night was clear and frosty, and it was moonlight. An almanac was consulted, and the time the occurrence took place was proved to be about full moon. His WorsMp said he was quite satisfied that the assault had beeqjoommitted, and he had no doubt as to the identity of the accused. The evidence satisfied him that the accused committed the assault, although the witnesses, accused's own companions, tried to disguise the true facts and to suppress what they knew of the matter, and one of them had told a wilful and deliberate falsehood. The whole of the facts were sufficient to show that a moßt wanton, cowardly, and unprovoked assault had been committed. Accused would be fined £3 (half the fine to go to the complainant) ; coßts of Court, lls ; interpreter's fee, 10s 6d; and professional fee, 21s; or, in default, one month's imprisonment in Dunedin gaol. Mr Crooke asked if tune would be given the accused to pay the fine. His Worship replied in the negative. Accused could get the police to go with him to get the money, but he declined to show any leniency, as it was a most cowardly assault, which was aggravated by accused's companions telling lies. He (the S.M.) had to try a number of such cases arising out of the conduct of colonial youths, and he was determined to suppress such conduct, and the only way to do so was by making a substantial fine and penalty, so that the parents of the offenders would be taught to bring up their children differently. Mr Crooke said that accused's parents were dead, and besides that his Worship had no power to award half the fine to the complainant, because there was no evidence of a credible nature as provided by the Act to support the evidence of the complainant. His WorsMp said that was so, but the penalty would stand just the same. However, he was averse to sending anyone to gaol, hut these wild spirits pertainly needed suppressing. He would take into consideration the fact that accused had no parents, and would reduce the fine to £1 10s and costs. CIVIL CASES. F. Oudailie v. Wm. Stevenson (Palmerston S.)— Claim of £17 5s Id for goods supplied. Mr Dalziell for plaintiff.— Verdict for the amount claimed, with costs (£1 155.) ' ' Deputy. Assignee v. J. L. Booney. ; Edina Gold Dredging Co., sub-debtor.— -Motion for attachment absolute. Mr Crooke for plaintiff. —Order granted ; sub-debtor to pay the stun of £9 15s sd. WARDEN'S COURT, LAWRENCE. Tuesday., 25th Jujjb,. (Before ». $. flaw^'Egg,', Warden.) AIEHOAWOKB, The following applications were dealt with: — Shun Quin and another : Extended claim i of two acres at Devil's Greek, Waipori ; also, i UMmc four ctaeuUeo^.— Granted

W. J. Stewart: Water -race, one mile in length, commencing ia Eooky Gaily, Lammerlaw. — Granted for five years. Jas. Bolton and others: Water-race, two I miles in length, commencing in Shepherd's Creek, Waipori ; also, extended claim of two acres in Shepherd's Gully.— Granted for five years. Jas. Simpson : Water-race 20(9ds in length, commencing in No. 10 Gully, Curry's Flat. — Granted for five years. Jas. Parker : Extended claim of three acres, situated at Post-office Creek, Waipori.— Granted. Winchester Mais : Extended claim of one acre, situated in Rooky Gully, Waipori.— Granted. J. C. Arbuckle: Water-race, commencing in Beaumont River, three-quarters of a mile above the bridge.— Granted for eight years and nine months. Jas. M'Corkindale : Occupation lease of 12 acres land at Beaumont. — Adjourned for information from Land Board. William Clark's application for occupation lease was similarly dealt with.