ESIDENT MAGISTRATES COURT STAFFORD.

West Coast Times, Issue 3146, 4 November 1875, Page 2

ESIDENT MAGISTRATES COURT STAFFORD.

Wednesday, Nov. 3. (Before tf. G. FitzGerald Esq., R.M.)

UNLAWFULLY WOCNDIHG. Joseph Stephens was chargad with unlawfully wounding Patrick Talloa by striking him on the head with a billiard ball. The police prosecuted, and Mr Button appeared for the defence. Patrick , Tallon, miner, being sworn said— l know the prisoner, and recollect the 26th October last ; on that day I saw the prisoner at Kelly c Miners Arms Hqtsi Stafford, about two o'clock in the afternoon. I was standing on one side of a billiard table, and the prisoner was opposite me on the other. I was abasing the prisoner, when he struck me on the head with a billiard ball. I cannot recollect what I said to the prisoner. He told me ' if I came near him, he would let me have [it with the ball. I was five or six yards from him. The ball struck me on the forehead, I did not fall down. The blow made my head bleed. The doctor dressed the wound, To the best of my recollection I did not kick the prisoner. Prisoner was not playing billiards at the time. He had the balls in his hand before he said he would throw them at me. By Mr Button : I did go to Low's shop where the prisoner works some time before we went to Kelly's. I believe. I did abuse him there. The prisoner was working in the shop. I might have ! threatened to kick the prisoner. I did not threaten him more than once until he followed me into Kelly's. I did shape at him in Low's shop. I don't remember him telling me to leave the shop, as he was shoeiug a horse. I dou't remember coming back to the shop after I was cut. I was drunk. After I left Low's shop I went up and down the street in front of Low's shop abusing prisoner and his employe]?. I know x\lr Drummond.. I did not kick him, I said 1 would. I know Binny the baker and I think I did kick at iJrummond when he was going into Binny's shop. I was sitting on a bench at Kelly's when the prisoner came in. The prisoner was throwing the balls up and down the table, I abused him, and got off my seat to go round to him. I shaped to hit him, and if he had been in my reach, I would have hit him. lam not aware if I tried to kick him. I did not catch him by the collar. I swear I did not lay hands on him. After he hit and wounded me he ran out of th,e room. I ran after" him and threw one ball back at him. ' I don't know what door he went out by. Thomas Kelly, publican, said — I saw Tallon in my billiard-room on the 26th October last. About fifteen minutes afterwards the prisoner came in. Tallon was talking to me, and then prisoner and Tallou had some nasty cross talk. Tallon was the worse for drink, and abused the prisoner a little. He said to prisoner " Will you either fight or wrestle,." Prisoner was rolling the ball up and down the table, and told Pallon if he did sot keep away he would hit him with the ball. Prisoner then hit Fallon with the billiard ball, and Fallon followed him out to- the blacksmith's shop next door. By Mr Button: Tallon went up to prisoner before he threw the ball. Tallon was striking at the prisoner. 1 was quite sober at the time. They were both at the same side of the table, Tallon made mo ions to kick. I did not see him actually kick the prisoner. I "was abafit three feet behind the prisoner. This was the dinner hour, and generally a$ that time the prisoner and myself have, a gvjie of billiards. When Tallon was hit, he picked up one of the billiard balls and threw it at the prisoner. Dx Peers deposed that Fallon had received a contused wound on the lett side of the forehead. He probed the wound, and found it to extend an inch underne^h, leaving the skin bare. Mr Button applied to have the charge dismissed without hearing evidence for the defence, as it was perfectly clear that Tallon was the aggressor. The charge was dismiseea. There being no other busine**, the Court adjourned. On August 24th, Agnes Beckv|ith, aged 14, swam, frp.m, Lo,nd.o« Bjtfdgs "to Greenwich, a distance of five miles, in one. hour and five minutes.