RESIDENT MAGISTRATE'S COUTR

Inangahua Times, 9 January 1880, Page 2

RESIDENT MAGISTRATE'S COUTR

Friday, JAKtfAiiyt? 1880. (Before W. H. Eevell, Esq., E.M.) POM^IB V. DAMON. Thomns Dalton was charged with, fighting in a public place, at Black's Point. Defendant admitted the charge, hut snid it had been committed under great provocation. SAMS V. BOTTRKG. Michael Bourke was similarly charged by the police. Mr Cowan, who appeared for the defendant, pointed out that the proceeding were informal, inasmuch that no summons had been served upon defendant. • In answer to the Bench Sergeant Neville admitted that such was the case, as he did not think it was Heces*aiy to ilsue a summons against either of thepjtrties. His worship said fflkt the police ought fo have known that it was necessary to summon both parties. Let the smmouses be issued at once. ASSAULT. Michael Bourke was charged with assault" ing Thomas Dalfon, by striking him on the head with bis clenched fist. Wr Cowan appeared for the defence. Tlioma* Dalton : T am a miner livin* at Black's Point- On the 30th December I was in Dawsw's Hotel when Bourke came in and hit me on the head. 1 told him to eo on, that I wanted nothing to do with him. He called m« out of my name, and was going to strike me again. He then began to jump round. Th«>n at L'oyd's Hotel he tried to put thp crook round my neck. I again told him I wanted nothing to do with him. Again opposite Dank*B Hotel he made a cTout at me and k looked my hat off. Nothing else happened. Ciws-pxaminefl s I was not playing "Under and Over with defendant. I lent bint about 30s. He played the game, but not with me. Tie won some money at the gnme — a *ew shillings. H« never asked me at Diwson's (or money he had won hem me. I did not to my knowledge call him a b— — swine. I have nevnr been before the Bench as a rowdy character, 2 know a man nmied Jerry Powpr, but never got convicted over him. I know Bavne, was not fighting with him. Bourke struck me on t'ie head and hurt me. T was not. tfvtng to arrange a fight with him. I know Mat, Bradbury, but did not to the best of my belief instruct hhft to arrange a match between myself and Bourke. T did not wish to make a blackguard of myself. lam not a Card-player or gambler, »nd 1 defy anyone in the place to put a stain on my character. John Dawson t 1 am an hetfelkeeper in Reefton, and recollect Dalton being at the bar on the 30th. Boui'ke came in and asked to shake hands and Dalton told him to go away, that he would haye nothing to do with him Bourk then hit him on the head, and Dalton aasd he would inform the- police. Dalton gave no provocation. Cross-examined t Bourke seem?d to be excited. I believe he had » little drink. Hp was without either a hat or a coat. Dal ton told him to go awati that he did nnfc want to have anything to do with him. The row commenced in my place. I never saw Dalton have a stand up fij»ht with any one. What I have seen of him I could not say anything bad of him. By Dalton : I know nothing of Burke's character. I have seen him tbe worse of drink a time or two, but cannot speak as to . his general eharaetpr. Henry Lloyd : I have never seen aoything wiong about Dalton's character. This closed the case for the prosecution. Mr Cowan bavin? addressed the Court for the defendant, called the following evidence i Michael Bourke : Dalton was plt-ying Under and Over in Smith's paddock on Boxiu£ Day and he said I had better have a game. I did *o, and in the end won 103, end ssked him for the money. He gave me 5s and said he would give me the balance tint night, but Uo afterward.? acted as if he panted to chea^

me out of if. After that four or fire of them gets me at Campbell's Hotel and leads me astra? to Black's Point. I admit !hat I hi* him on the head. This closed the case, but as there was a further eharge against the parties demanding sureties of the peace, the Mas istrate decided to hear (he whole of the evidence. Oon«f ahle Bennet said that on the morning of New Year's Day he was at Blnck's Polut. Feard that there was to be a fight, and on going round the Slip »aw a crowd of people in Trenneryxstreet, and two men stripped. Crossed the river and went ud to the buck of | Craig'*, and then on to the Point, and as I arrived the crowd sang out " Police," and the people scattered. I went after them and eaw both Bourke and Dal ton, both being stripped and having black eyes. Cross-examined : T saw them fighting, and was not more thai 20 or 30ft awav. Did not see who struck the first blow: Believe it was a | regular stand-no figh*. j William Smith, hairdresser, said that he was present at the fight, and taw both the parties. Cross-examined : The fi^ht took place in a square. Did not see the commencement, as tt.ey were both stripoed when t got there. DaU6°n had his shirt off, but Bomke had not. It was all hub-buh, hella-bulloo, and you couldn't tell who was who or what was what, j | Bourke seemed as if he had been up nil night | boosing, and one was as, bad as the other. ; There was about 100 people present. This closed the case for the prosecution. Mi hael Rourke ! I was brousht to Black's Point bv Dalton and three of his friends, and as soon as we got there he stripped to a state of nudity s>nd came out in a pugnacious ats tifude. Had mv clothes on, a* I am not a fighting mnn and nev>r take oft" my flmnel. He caught, hold of my hand and hit me in the face with the other hand, and the people all cried out shame, and foul, Ihomus Dalton ; I w ; sb to contradict that. He followed mo to the Point and forced me to fight him. I bad no other resource but to fight him. : Wil iam Richardson : Recollect the fight and was there at the corommencement, but" cannot swear who struck the first blow' Hea<-d Dalton offer to bel 6 to 1. . John;M J Qu« II » n! Saw the commencement of the tfg¥t Da'ton ttruct the first b'ow, and was off Mini; odds on himself. The fight lasted about three -quarter* of an "hour. This closed the case, andjMr Cowan having addrea«ed the Gbumjtia Worship ord 'red boih parties to be bound over for months, and upon the charge of: assault »ent the defendant Bquj|&t<* gaol fat -on* month, with b*rd laborT , *'4 "'\