NELSON SUPREME COURT.

Westport Times, Volume III, Issue 418, 2 December 1868, Page 2

NELSON SUPREME COURT.

APTED V. KYNNERSLEY. The following is the Nelson 18x* aminer's report of the evidence given in connection with the civil trial of Apted v. Kynnersley : —- William Erancis Apted, sworn: I was editor of tho Westyorf Times on the 30th of December last. I saw defendant that clay. He was commissioner of the Nelson South-west GroldFields, a liesident Magistrate, and Justice of the Peace. About four o'clock in the afternoon Mr Kynnersley came into the office, and asked for Mr Munson, the proprietor. He then asked for me by name. I never had any conversation with him before. I knew Mr Kynnersley from seeing him. He then asked me if I was Mr Apted, and I said "Yes." He then asked if I had seen that morning's paper, and I said " I had." He then asked if I had seen the article entitled, " Bohemian on the Christmas sports." I said " I had." He then asked me who wrote it, and I refused to satisfy him. He then asked me if I wrote it, and I declined to inform him. He said it contained an attack on his character privately; whereupon I asked him if the statements it contained where not true; because, if they were not, he had his remedy at law either by a civil or a criminal action. He said, " That is not the question ; I am not going to have my conduct commented on in a newspaper." He asked me to accompany him to Hamilton's Hotel. I refused. He had a heavy riding whip in his hand, which he placed on the table. He then came alongside of me and asked me for a copy of the morning's paper. I gave it to him. He then referred to the article or letter before mentioned, and asked me to read it. I commenced to read it. He then said it commented on him in his private capacity. I said I differed from him, and told him he went to the sports as patron of the sports; that he went there not as _Mr Kynnersley but as Mr Commissioner Kynnersley. He said he did not recognise the difference, I said there was a great difference. He placed his hand on a certain portion of the article and asked me to read it. While I was doing so, without any words or any warning on Mr Kynnersley's part, he struck me a violent blow between the eyes, knocking me backward to the bench. Before I could recover myself, he spran"- on to me, and struck me about the face with his clenched hand. I called out for help, and the proprietor hearing the noise, came running in, and pulled Mr Kynnersley off me. I was then covered with blood. I then got away from him and the doctor was sent for. He came and examined me, gave me some medicine, and ordered m 9 to go to bed. I was quite faint at the time and was helped to bed. I was not able to go out of doors for more than a week. My face was swollen, and my eyes blackened. I had to pay for medical attendance.

Cross-examined by Mr Conolly: I was at the Christmas sports at West-

Sort. I saw Mr Kynnersley there. I o not think I am mistaken in believing that Mr Kynnersley was patron of the sports. lam not quite sure that he was advertised as patron, but he was asked to act in that capacity, and I believe he did. I was then editor of the Westport Times. The letters Bigned " Bohemian," in that paper, were written by me. I was the author of the one in the paper of the 30th instant. There was this difference—l wrote names, but they were not printed. The proprietor of the paper struck them out. Ido not know that I was known to be the author of those letters, but I believe it was suspected I was. [Mr Conolly here read certain portions of the letter in question. It stated that there were two booths —one, Morey's filled with the rank of the place, including Mrs Giles and Mrs Harris, and others , and the other, Corcoran's, with the fashion, the derrii monde ; and it went on to say that our worthy was seated between the gay Florence and the equally gay Mrs R .] The gay Florence was a notorious woman; Mrs R was a woman represented as not of respectable character. Mrs R was seated beside Mr Kynnersley; and the gay Florence was on the seat behind. She appeared to be conversing with Mr Kynnersley. I believe from the appearance he was in conversation with her. These two women were notorious persons. There were some hundreds of people atthe sports.and a good many were in the booths. I would bynomeaus go so far as to say that there were not respectable persons in Coreorau's booth. On the morning of the day the assault was committed, and before it was committed, I wrote to the proprietors stating that, understanding they objected to the letter signed " Bohemian," I placed my resignation in their hands. Mr Kynnersley had a heavy handled i*iding-whip in Ids ! a id when he came in. He cam° down on horse-back, IT think. He laid the whip on the table and did not use it. He may have said "I am not going to have my private conduct criticised ;" it is possible he may have said that I could comment on him in his public capacity, bat not in his private capacity. I stated I was not able to go out for a week. I do not mean that I was physically unable to go out. I was weak, but I was not disfigured. The articles, after I resigned the office of editor, were not written by me. I remained in the office as a book-keeper and reporter, and made up the paper. Mrs Russell's husband was then in gaol. He was often in gaol. I believe it was a nugget-riug Mr Kynnersley had on when he struck me. [A ring shown.] Ido not know that that was the ring. It cut a gash on my face. I had no malice against Mr Kynnersley. He-examined: There were Mrs Harris and Mrs Giles and other ladies in Morey's tooth. I saw none in the other booth. There was another woman besides Mrs Russell and the gay Florence. She was a well-known character, too, and sat close to Mrs Russell. I believe it was Mr Kynnersley that sent Mrs Russell's husband to gaol. Thomas Alfred Sneyd Kynnersley, examined by Mr Button : I was Commissioner of the South-west Gold-fields, a Resident Magistrate, and a Justice of the Peace. 1 know the person who is spoken of as Mrs R . At the sports in Westport her husband was in gaol. I had not sentenced him at that time. I had frequently seuteuceu him before that. [Witness did not answer a question as to the character Mrs Russell bore at "Westport, and counsel said he would not press it.] Cross-examined by Mr Conolly: I have never spoken to the gay Florence to my knowledge, unless it may have been"in Court, if ever she was brought up before me. She did net come into the booth until ten minutes after I was there, when she sat down behind me. The booth was open for anyone. I never spoke to this woman to the best of my knowledge. It is not true that Mr Apted was sitting when I struck him ; he was standing up. I had the same ring on as I have now. It is true that one of the proprietors of the paper interfered. He caught hold of me by the arm. Apted went out of the room entirely without any assistance.

In re-examination by Mr Buttok, •witness hesitated to reply to the question as to whether Mrs. Eussell was his houskeeper, and, after repeated questioning, said he had another housekeeper at the time, and he might therefore say she was not. He was aboul an hour at the booth, and waa at the sports more than one day looking after all the arrangements. He thought it his duty, as Commissioner of the G-old-fields, to be where there was a large number of people, and there was more than a thousand people there.

This closed the evidence. The counsel's addresses, and the finding of the jury, we published yesterday.

"We hear from the Fijis that at Lovuka building operations are progressing, the Catholic Mission being in process of re-erection, and considerable improvements being made in two of the hotels. A school has just been established under the management of Mr Mall, formerly a teacher under the Board of Education in Victoria, who announces his readiness to receive a " limited " number of boarders. A reading-room, also, has been in existence for some time past, aud lectures on medical subjects for the benefit of the funds of the institution, are announced to be delivered by Dr. J. Do Boebui, late of Melbourne. The authorities of Jaazeberong, Hungary, attribute the shocks of earthquake lately felt there to the oaths and blasphemies common among the population. Such iniquities are now prohibited on pain of a fine of 2511., to gether with twenty blows with a stick. JN"o offender is to be exempt from the infliction of this punishment. " Ho you charge envbody for the eddress, when yer sends a inissege by tillergreft ?" inquired Michael. "Ne\er," replied the operator. "Do yez charge for signing the name ?" " Never." "Then sind this, and my brother will know I am here : To John MFlin, New York, signed Michael M'Flin."