MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2554, 15 July 1909, Page 6

MAGISTERIAL.

WEDNESDAY juLY 14. (Before Mr. W. A. Barton, S.M.) DRUNKENNESS. Four first offenders, who admitte< being drunk on Tuesday, were con victcd and fined 5s with 2s costs, ii default 24 hours’ imprisonment. UNLAWFULLY ON i-REMISES. Hugh McLernon and Joseph Edward were charged with being found b] night upon the premises of Waite: Burnand without lawful excuse. McLernon pleaded guiity and sai< he had been drinking. Sergeant Hutton said the men wen to the stable to get a shakedown am refused to leave when requested to d< so. He did not think the men wen there for any dishonest reason. His Worship said he would give Me Lernon another chance and discharg him Edwards also pleaded guilty and wa cautioned and discharged. MAINTENANCE. The case of Mary Godfrey versu John Godfrey claim for maintenanc wasi adjourned until August 16th. ALLEGED Edmund Thomas Harries (Mr. Kirk proceeded against Andrew and Han' Kinnimont for assault on Saturda; night last. • Mr. F. W. Nolan appearei for the accused. Mr. Kirk said the evidence woul< prove that a cmel and unjust assaul had been committed upon the inforinan by the two accused. At the time of th assault, which took place in Brigh street, on Saturday night, the inform ant was walking along when youni Kinnimont asked for a loan of £l. Har ries handed the man the money who: the elder Kinimont struck him. Bot men then assaulted him. The informant said he was a butche carrying on business in Gisborne. 0: Saturday night last he was passim along Bright Street from the Cosmc poiitan Club. He turned towards th Empire Hotel stables and when on th road met Harry Kinnimont, who ask ed for the loan of £l. Witness hande< the £l, but Kinnimont caught hi hand. Two other men, one of whoi was Andrew Kinnimont, came up. Ar drew then struck witness with hi fist and said, "I’ve got you now.” Kin nimont senior continued to assault wil ness, and the son joined in the fraj Witness was badly knocked about b both accused, and was given a blac eye and received many bruises on tli face. He defended himself as well a he could. Witness next met Mr. J B. Lcydon and told him of the oocui rencc. Ho had known both defendanl six or seven years and he had not th slightest doubt the two accused ;issue 11 ed him. Andrew Kinnimont said tha if he ever lost his job at the abattoir he would fix witness up. To Mr. Nolan: Ho had not had row with any one else during the week Kinnimont did not call witness a snea when the money was handed over. Th third man took no part in the rov he never spoke. Witness did not r< member using any bad language. Sergeant Hutton gave evidence tha on Saturday night the informant cam to the police station and complaine that ho had been assaulted by the tw Kinnimonts. Harries was badly bruise about the face and had blood about hi mouth. His injuries were recent. J. B. Loydon, coach builder, said li knew the informant. Ho met Harrie on Saturday night, and Harries sai lie had been assaulted !><• the two Kin nimonts. Harries had been bad! knocked about and was covered i: mud. Joseph .Henry Norcross said lie knei Mr. Harries and the two defendants He met Harry Kinnimont on Saturda; and Kinnimont said he was going t settle with Harries. John Edward Charles, butcher, sail he know Harries and the two Kinni monts. He had heard Kinnimon senior theraton to "deal it out” t Harries. Mr. Nolan said it was not deniei that the two defendants were in th row, and that there was bad feeling ho tween the parties. The evidence wont .show that Harries struck the first blow and that only the elder defendant tool part in the assault. A third persoi would bear out the evidence of th two accused. Andrew Kinnimont, me of the do fondants, gave evidence that he me Harries in Bright Street on Satu-d.r night. Witness was in Die company o his son, and a man named Roderick His son said that Harries owed him ; pound, and asked Harries for it. Har ries handed over a £1 note. Witnes; said to Haries, “You are a sneak Ted,” and Harries pushed him, ant used bad language. Witness fell cn t< the road, and after getting up struct 'Harries. He caught hold of him, ant a scuffle ensued. There was no stand off fighting. His son tried to sepantc witness and Harries, and acted the part of a peacemaker. To Mr. Kirk: He did not give flu informant a black eye. He had nol Upon drinking on Saturday night. Harry Kinnimont, the other defendant, said that lie mot Harries on Saturday night, and asked him for the £l‘ he owed witness. His father called Harries a sneak, and a row started. Witness acted the part of peacemaker. John Roderick said lie was m the company of the Kinnimonts when the row started. Harry asked Harries for the loan of £l. Harries handed over a £1 note. Andrew Kinnimont said something to Harries, and a scramble took place. Harries used bad language. His Worship said the evidence showed that a cowardly fnd premeditated assault had been committed. i lie elder defendant was chiefly to blame, and the penalty in his case won id ic the heavier. Andrew Kininm-.v.t womd ho fined £3, and Harry Kinnimont S J. with costs £3 Is. in default, m the case of Andrew Kinnimont, J-l days imprisonment, and in the case of hi an y Kinnimont 4 days’ imprisonment.