MAGISTRATE'S COURT.

West Coast Times, Issue 13091, 23 January 1904, Page 4

MAGISTRATE'S COURT.

Wednesday, January 20.

(Before V. G. Day, Erg., S.M )

A charge against Robert Million, of being found on licensed premise?, to wit, Stewart's hotel, he being a prohibited person, was adjourned for one month to allow the evidence of Constable Kjan to be taken.

Jno. Steele v. J. Murphy charged with using abusive language.

Mr Murdoch for complainant, Mr Byrne for defendant.

Jdo. Steele sworn, said- 1 remember the sth January last. Saw Murphy that day at Dillman's, I was coming to Kumara. Tbos. Stephens was with roe. Murphy called me a b— — y cur, saying "I have been putting beef into you and you have tfe*er paid me." Never said anything to' t him. Gave no provocation whatever! Owe him no money.

Thomas Stephens, sworn (the witness corroborated the evidence of Steele gene - rally. :': ' This concluded plaintiff s case. Joseph Murphy, sworn^said — I remember meeting Steele on the day in question. Never used any mor^ff nsive language than I should have used. Steele never paid for bis beef. It was really the father who owed the money, but tbe sods bad paid from time to tine. I had no intention of having a fight lam suing Steele to-day for the account. Steel said he did not owe the money. When I oiled the fellow a b— — y cur I wanted io show him up.

Accused was convicted and fined £2, solicitor's fees £2 2s and costs 15s.

Police tH. FiiEsimons charged with being found on a lk-ensed premises, he being a prohibited person. Mr Murdoch for accused. Accused was convicted and ordered to come up for sentence when called od,

Fitzgerald v M'Mahon, charge of assault. Mr Murdoch for complainant, Mr Byrne for accueed. Pat Fitzgerald sworn, said— l am driver of Government horses and overseer of men on the road. M'Mahon is an assistant paid to do as 1 tell him. He has been employed for about 3 years. On Monday morning M'Mahon came into my yaid and I ordered him out. Had two horses in the dray. Accused got into one of the drays. As we turned into Church street, M'Mahon said -'It's a b y good job you insulted me in your own yard." I told him I did not want to hear anything from him. He then struck me a violent blow on the face, knocking me out of the dray. M'Mahon was also thrown out of the dray on to tbe street. He then rushed at me again striking me in the face. We both struggled together for a little while. Just then Messrs Benyon and Ellery came up and separated us. I sent for Adair add he took the horsea away and told us to take a holiday that day. I lost much blood and am not fit to go to work yet:

By Mr Byrne— M'lntosh gave me authority to say I wan overseer. If Adair instructed a man to do any work I would not question it. M'Mahon has been coming to my place for about 3 years. I objected to him coming late, reported the matter to Adair. If I shift the drays from one work to another I always notify the men. Told McMahon to go out on the road and break stones. I have the right to suspend a man if he does not do as I tell him. McMahon drove a particular horse and dray. I harnessed the horse and got into McMabon's dray so tbrt be should have no more to do with the horses. lam not suspended. Had a fight with McMahon previously at the Arahura. I cbal'enged him to fight. Ordered him out of my yard because of the abuse he gave me.

.Rev J R Clark deposed to seeing the row take place. He had no donbt McMahon strnck the first blow. Dr Morkane sworn said: — I attended Fitzgerald; tho bone on the right aide of the nose was broken. Thete was also s bruise on the upper lip and I told him he would have to lie up for a couple of days. John Ellery sworn said: — T saw the as* sauU, Told McMabon he Bhould not have struck Fitzgerald in th« position he was in. Tba horses plunging fotward would account for McMahon falling out of the dray. This concluded the cisejfor the informant and Mr Byrn« opened the case for the defenco. He called J McMahon sworn siid: — Had been working about 2 years and 4 month* witb the drays. Hare a particular horse and dray I drive. Have been on bad terms for 3or 4 months. Had a row at Arahura. Fitzgerald treated me liko a dog. Un Wednesday last went to work aa usual and he told me there was no work with the drays and I was to go out on the road and break stones with Steele. I went to stable, took a horse and went to work. On Friday went to work , as usual when Fitzgerald told me I was late and I would hare to be earlier. I said I will come when it suits me, and Pat vent for the dVay again and he told me to go away had Do notification that a complaint was lodged. On Monday went to Mr Adair and he told me to go as usual for the hor?e; when 1 went for it I was ordered out. The horse I usually drove was driven by Fitzgerald. He took my foot to chuck me otic and I struck him to defend myself. By Mr Murdoch — Mr Adair ordered me to go to work. Fitzgerald sat un the dray ; he tcrned bis head round ; I struck him In self defence ; when we got out of the dray 1 struck him again ; I swear Fitzgerald wrenched a ptck out of my hands on Monday morning.

Wn Adair, sworn, deposed be was Inspector of Roatii. Fitzgerald acted under him, and had no rigLr, as foreman of the men, to dismiss acy man. Fitzgeraki told witness he would not work witb M'Mahon again, nor have him come to his premise?. Witness told M'Mahon to go to work with the dray on Monday, and Ft zgerald had no right to stop M'Mahon from driring bis own dray. Witness re jorted the tniUer to his superior office".

J Jones, sworn, deposed he saw some tr< üble in a Government dray between tb^ men, who were standing up. He then saw M'M»bon coma topplicg out of the day, fro-n which he must haze been shored, and he got a nasty fall. M'Mahoo then got up and •truck Fitzgerald. By Mr Murdoch— He did not see Fits-

gerald strike M'Mahon. It was impassible for a man to come out of the dray without being pushed.

To Mr Byrne— Fitzgerald's nose was not bleeding when he came out of the dray. Had no doubt both men were «tuid ing up.

This closed the case for the defence,

II is Worship held the charge proven and inflicted a fine of £5 ; Fitzgerald to be allowed £2 of fine ; two witnesses, £1 7s ; Court costs, 9s ; and solicitors fee, £2 2s ; or, in default, one month's im« prisonment

The fine was paid

A prohibitin order was granted against Gregory Henham on the application of his father.

Joseph Murphy v H Steele, claim £12 16s 3d. Mr Murdoch appeared for defendant and Mr Byrne for plaint' 1L Defendant produced a pass b_ook and receipts to show that a considerable portion of the account had been paid. Judgment given for £2 and costs.