MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2108, 6 February 1908, Page 1

MAGISTERIAL.

WEDNESDAY. FEBRUARY 6. (Before Mr W. A. Barton, S.M. HAITI ASSAULT CASE. Hearing was resumed of the charge against Ernest Lind (Mr T. Alston Coleman) of having on February 3rd assaulted Sidney Old with intent to cause grievous bodily harm. Annio Burton, 13, daughter of M rs Old, stated that on February 3rd slits was playing in the yaj'd when accused came to the house. She followed him in. Tliis was a little after 1 p.in. Accused spoke to Mrs Old, but witness could not hear what was said as she was in the front room. Witness substantially corroborated tho evidence of previous witnesses for tlio prosecution. Describing tho scuffle in the yards when Old put accused out of the house, witness said accused picked -up a ilat-iron and aimed it at her mother’s head, but she caught it in her hand. In tho house accused endeavored to cut oil Old’s hand. The iron produced was the one thrown by accused.—By Mr Coleman : When Old came into the house and hit accused, he (accused) was talking to her mother. Her mother was not objecting to his presence. When accused arrived he walked into the bouse without being invited when the door was opened. Was in tho kitchen for about a quarter of an hour before her father came in. It was about 5.30 p.m. when her father entered the kitchen. Saw accused giro her mother some whisky. At the house there were tlireo irons liko the one produced. The other two were on a shelf in the kitchen. Tho one produced was at the time used to keep the front door open. Her father put accused out through tlio front door. At the time of tho . ull'le in the yard the iron nroduced was on tlie edge of the verandah. When her mother saw Old and accused struggling she took it from tho door. When ho was hit by File, accused was sitting down holding her mother down and endeavoring to hit her. Just, previous, accused and Old had been fighting and her mother catching hold of them the wliolo three fell on the ground. Her mother did not hit accused on the top of the head or on any part of his body with the flat-iron. The boy Periston was in the house when tho incidents occurred. Porston came up with accused and was in a position to see and hear everything tliat hap-pened.—Re-examined: When tho trouble was over, File said lie became excited and hit accused, but he did not, say he struck the blow because Mrs. Old was being maltreated. Sergeant Williams said that Airs Old was still too ill to appear. He would, however, dispense with her evidence, relying on tho evidence already given. Accused reserved his defence and was committed to the Supreme Court for trial. Bail was allowed—ac-cused in £SO and two sureties of £25 or one of £SO. ALLEGED'ASSAULT ON A CHINAMAN. Robert Chas. Brown was brought forward on a charge of having assaulted Cliing Poo with intent to do grievous bodily harm. Detective Maddern asked for a remand for a week. He understood that it would probably ho a month bet'oro Ching Poo could appear. Mr Stock representing accused, said that the charge had' been pendino- against accused for about six weeks. Tlio polico should tender some evidence to show that there was some justification for the charge. The S.M. said ho saw no reason why the majority of the evidence could not bo given at the next hearing. . J . . Detective Maddern agreed to .sis course and a remand to February 14th was granted, bail being reUe ALLEGED HORSE-STEALING. David Johnson was charged with having about September 9th last stolen .a roan gelding with saddle and bridle, the property of George Smith. Detective Maddern asked for a remand for a week. The horse m question was at Wairoa. The S.M. granted the application bail being allowed—accused in £SO and two sureties of £25 or < r.o or ■CHARGE AGAINST MATE NO A. The charge of theft against Dare Matonga of having stolen a horse the property of Hobena Kahuroa was mentioned, but was adjourned ill Hie following day to enable .McUUc,- ~])!(> junior, to whom the horse Mas said to have been sold, to attend.