RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume III, Issue 391, 31 October 1868, Page 6

RESIDENT MAGISTRATE'S COURT.

Monday, 26th October. (Before J. Giles, Esq., R.M.) ASSAULT.

Mrs Hayne was charged on remand with having on the 18th inst., assaulted William Dale. A cross summons was also taken out and heard at the same time, in which Mrs Hayne charged Dale with assaulting her. Mr Tyler appeared for Mr Dale, and Mr Pitt for Mrs Hayne. William Dale said —I am a carpenter residing near the Royal Oak, in Wharf street, Westpor":. On the 18th inst., I received certain communications from Mr Russell, and in consequence, went into the Eoyal Oak Hotel. Mrs Hayue, at the time, was sitting in the parlour by the fireside, and Messrs Sutherland and Russell were also there. I asked her what she had to say to me, and she replied sh had nothing to say to the likes of me. I asked her what the likes of her sent for me then, and I had not the words out when she took up a baby's chair and threw it at me, striking me on the arm. She jumped up then and gave a baby she had in her arms to Russell, seized me by the throat with one hand and gave me two or three blows in the breast with the other. I told her to keep her hands oil' me, and at the same time gave her a hard push, when she flew at me again and struck me two or three times more. I gave her a blow on tho breast and told her to keep her hands off me for I would not stand it. She said " get out of my house" and I refused, saying that it was a licensed house, and I wanted to know the result of it. She remarked " I'll do for you" or something to that effect, rushed behind the bar, brought out the " neddy" produced, and made a blow at my head with it. I put up my arm and the end struck me on the cheek bone, inflicting a wound. I seized the "neddy" and Sutherland also seized it as well. She told me to let go of it, but I refused. Sutherland said, let go, both

of you, and I will take charge of it. I said all right and let go. After that as she could not get it from Sutherland, she ran into the next room, and came out again with a rifle bayonet pointing it towards me, straight towards my breast, aud when I saw that I went into the street. Sutherland followed and gave mo the neddy ho had taken. I came down and lodged an information at the camp the same afternoon. I gave her no provocation whatever beyond what I have stated. By Mi- Pitt:—Defendant did not tell me to leave the house when I first went in. There was nothing further aid than what I have stated. I did not strike her first in the face, she gave me half a dozen blows before I struck her. liussell had the baby at the time, Sutherland only interfered with the neddy.

Ee-examined by Mr Tyler;—The cook came into the passage at the time we were scuffling with the neddy. By the Bench :—I was sober at the time. I cannot say whether she was sober or not. The room was'a public room where she was, but I only went to the door, and all this occurred in the passage. Alexander Bussell proved that when complainant came, defendant threw a chair at him which he warded off. Only three or four words passed before the chair went. A scuffle took place as she endeavored to go behind the bar, he pushing her, and she pushing him. During this time witness was not paying a great deal of attention, but was keepiug the youngster quiet. He did not see Dale strike her ; but he saw him push her back. Subsequently he saw her with a neddy and the bayonet, and heard her say that if Dale did not go out of her house she would put the bayonet through him. After the scuffle he saw no blood on her face, or any mark of injury, Cross-examined by Mr Pitt: —There was insulting language on both sides. She called him a thing, and he said "what does a thins; like you send for me," and the chair then went. The pushing lasted two or three minutes, and during that time she had hold of him by the whiskers. "Witness did not see her strike complainant with the neddy, Sutherland took it from her. She did not run at Dale with the bayonet, for he was out then.

Daniel Sutherland who was present on the occasion, corroborated the evidence of the last witness, as to what took place,

' Mr Pitfc addressed the Bench on behalf of Mrs Playne, and called her in defence. She said that when Dale came in he called her a by thing, and, after some further conversation, she told him to leave the house. He also said that she had poisoned her two children that died of diptheria. On this she took up the child's chair and told him if he did not leave the house she would strike him, and he gave her a blow in the mouth, which cut her lip. He added that she had been to the Magistrate's private residence, and had advised him to give Mr Hayne a month. At the same time he struck her in the breast, and she had never been able to suckle her child since. She admitted taking up the noddy, and Sutherland taking it away from her and putting it in his pocket. Dale subsequently took it out of Sutherland's pocket, and said, " Now I've some evidence against you," and she then went to the bedroom and brought out the bayonet. When she came out, Dale was outside the house, and challenged her to come out. She showed her cut mouth to the doctor and the constable.

Cross-examined by Mr Tyler—(Sutherland and Russell were present, and could hear what passed. She never used such an expression as " "Why did a d d thing like, you come here." Eenwick, the cook, heard what Dale said. Sutherland had been twice since to ask her not to prosecute. He laid no information against her till she had been first to the Camp about his conduct. James Eenwick corroborated Mrs Hayue's evidence as to Dale first striking her both on the breast and mouth prior to her taking up the neddy. He saw her lip cut, and blood coming from it. Cross-examined by Mr Tyler—He did not see the chair thrown, but he heard her order him out.

Dr Bruftri proved that he had examined Mrs Hayne's mouth on the day in question, and found a slight laceration on the lov/er lip. There was also a contusion on the eye and discoloration on one breast as if from a blow.

The Magistrate, in reviewing the case, said that up to a certain point he thought both parties were equally to blame, but Mrs Hayne was more culpable in producing the bayonet as she had done. He did not think that she intended to use it other than to in-

timidate, but it was. necessary to let people know that the law would not tolerate resort to such weapons, if only for the purpose of threatening. This aggravated the offence on her side, and he should, therefore, line Dale £3, and Mrs Hayrie £5, the costs of Court to bo divided between them.