DISTRICT COURT.
Tuesday, November 27th. (Before Judge Hardcastle.) • THE ASSAULT CASE. ; [ConUniutiori of evidence*] , fcrWecntor (Jno. G-alhgfrer) 4*rossexamined by* Mir Hawkins, Knew a uvm by the oaine of Gaivio, but Aid n>t B>eak to him about this affiir ; I rtid not take lol«J of the bridle and accuse prisoner of having a stolen horse. The horse did not kiik me; cannot give any reason for the assault ; , did not 86) prisoner c>mmit assault; would not swear prisoner is the than who ass'uilted m«. ' R. jSixon d^poßedii-Remembered meeting prosecutor on 18th October m tho evening about 10.80 or 11 o'clck; was m Hdwei>, ? Foxlon Hore! ; went oat to go to earnp ; prosecutor c une aso ; met a man on h rs u b ick ; bel'e? Ed it wai the- prisoner. H>i spoke to Ga!iagW; fte sai^ he Had met him on sortie statfon 4 or 5 years ago and they had been old chaws; Gallagher spoke to jhirn back; h» stopped -alkin^ to Gallagher,' and I wa'fcpd on • had not gone far wh«m I heard "murder' 1 sang out ;^wne back and found prosejcutor on tv« ground .and prisoner- wa. kicking ; hini. Saw him kick him once; went for a policeman ; lold prisoner to knock off. I saw Gallagher next m the boarding house, he was covered wi^h Wood and cut about the head. v By Hi* Hawkins — We met prisoner op jhorsebaek ; he seemed sober enough ; -they both ..seemed to know one an- ■ other;. It wa? about 5 minutes after t .Jvftj tliem .tjjat I .heard prosecutor sing . out murder. ... By the Court— Prisoner left off kick T ingj when I spoke to. him,. but remained standing pver prosecutor. ,I)o not -kn^w^ accti.sed ; never saw the man ;b*ipre; it was, moonlight. John Collins stated he wa« a. carpenter); rememberetl seeing pioseculpr Ja*t niohthju Foxton; on Saturday night tliei^lSth he was lying on his face m Main street; it whs about 12 o'clock; Ft! lought he was dead ; this was m the froi itqf jhe Temperance Hotel ; *•' Fe< k with me, ; Arthur Reeves al?o anc Mr pox; 1 saw:* man running fiwsy from Gallagher. There was a poojl of blood around proseciitoifj head ; I called ont the man was killed.
VV"i«. Feck remembered seeing progecptor last month; do not remember the day. He then was lying., on the road. I sayil a .man running . away, I did not recognize Jbini, he was running to a horse atitlVe, fence near "Whytc's Hotel. I fc llowed him a little^ Hi? hat fell ptf, Ip: eked it' up (hat proijliced) that is the hat. I gave it to : Constable McINulty..,,^thought I fcnew the. man, 1 had seen him seveial times previously, 1 .call ed out Dan, I thought it was the prisoner, ?::.'■.': X. i Constable McKultj] Remembered the 13tji October last,' inevr the prisoner, ■did not arrest bjim, recognised hat ■(produced) ■& was, given me by Feck. Wlen prjsonev.gpt to tho. station lie ask ;d me how I got. his hat, I told him and showed him the hat, he said r not iiing further. I washed Gallagher's •faC(, and cut his hair. There was a cut on the left, pides of the head, a cr.t over the right temple and another on the right side of the. head. His mou»h was swollen, do not thiuk kick from horje would produce such wounds. Br Rodkatrow-. When I first' attended prosecutor, he was covered with bruises, two on head and one on temple, ona two inches long; H^sli wounds upper lip entirely cut through. The .upper por tiori of the body was covered with brn Lses ; he was laid up for about a wee k but not entirely. ] ty Mr Hawkins : If wounds had. been received, by kick /from 'horse the horse would not have been shod. This ended the case for the prosecution. i ifter the adjournment three witnesses, Jfljacalisteiy DufEy, and G-alvin wei c called far the defence. They each gaveevidence totheeffect that Gallagher haj stated to them separately that all he •eracnibered of the transaction was kic ring the horse. . 'he jdrytb'eri retired and returned m i bout 10 minutes with a verdict not gui ty on the first count ill the indict* me it viz, assault with intent to commit grievoiiH bodily, haim, but guilty on the 1 second count, yia., 'common ■ asss.ult. , ; .accused sentenced to four months' (hard labor m the IVanganui gaol. This ended the en mi mil sittings, and the jury were icliscliar^o'l. "' '
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Manawatu Standard, Volume 4, Issue 306, 28 November 1883, Page 3
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744DISTRICT COURT. Manawatu Standard, Volume 4, Issue 306, 28 November 1883, Page 3
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