RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume VII, Issue 1107, 30 June 1882, Page 2

RESIDENT MAGISTRATE'S COURT.

WfcfJftlßUAY, JtTKK JU||& • i (Before &^akeT| BJd^j^Jkj •• % Wa»v. GitflßjflW* ' Thi|was an information ipßfig upon, defendant to find surities of the* peace. Mr Jones appeared for the informant, and Mr Lynch appeared for the defence. The following evidence was taken :— Harriet Ann Wade : I am the wife of Mr R. Wade, and live in Shiel-street. Mr Gardner is my neighbor. I recollect the 2nd day of June. On that day defendant began to pull down the dividing fence. He made an attempt to come on to my ground. I objected, and he called me a long tongue and a lag, and he said he would burn the house down. Don't know what he meant, but next morning my house was on fire. I thought he meant myself, and told my neighbors, and they only laughed, and said I need not be afraid, as it was only talk. I am ' afraid of Mr Gardner, but could not say whether he would burn my place down or get anybody else to do it. My husband only came home once a week, but since the fire he lives at home, as I was afraid to be left alone. I was afraid of Mr Gardner. I would not stay a night in the house by myself.

Cross-examined by Mr Lynch : It was the day after my husband was fined £1 that the abusive language complained of took place. Did not kill a fowl of Mr Gardner's on that day. I did throw stones at his fowls on that day. There was a foul of his in my garden that day ; it was injured. I did throw two or three stones at it, but they were not large stones. I sent for Mra Recce on that day. She was in my place all the time. I don't know when she came in — she told me she was there all the time. I did not throw any stones at Mr Gardner's* fowls on that day. I did not call Mr Gardner a hang gallows wretch. Did not abuse Mrs Gardner. Did not tell him T would pay him out yet. I sent for Mrs Recce. I wanted to have some person about. I did tell Mrs Gardner that she was brazen enough without making faces.

Mrs Recce stated that she was at Mrs Wade's place on the day in qnestion, and saw Mr Gardner shake the fence, and say he would "burn the b thing." Did not hear Mrs Wade call any names. I was not present at the start of the dispute. Saw a fowl in the corner of the

garden,

By Mr Lynch : Mrs Wade sent for me in order to have a witness. Mrs Wade has never talked to me about this case since it occurred j I never spoke to her about it.

This closed the case for the informant.

Mr Lynch submitted that there was really nothing before the Court to justify it in treating the case seriously. The fact was that the parties were neighbors and on apparently very bad terms. On the day previous to the alleged offence the present informant was fined by the Court for using abusive language towards Mr Gardner, and smarting under that punishment had retaliated by laying the present charge. The defendant was a man of good position and unimpeachable character, and it was preposterousto suppose that be would commit himself in the manner alleged. He called the following cvi dence : —

William Gardner: I am at present living in Beefton. On the 2nd June, I saw a fowl of mine in Mrs garden. I called the bird, but it could not move, and I then took down two pailings, and got it. While I was doing thk Mrs Wade commenced a tirade of abuse. Shi called me a hang dog wretoh, and wlftjld pay me off for the whole of it. Mrs Gardner was standing by, and informant commenced abusing her. She called her a brazen face wretch, and "you soul saving, psalm singer, your sins are forgiven, are they ?" Not one word was made use of by me daring the whole time. The only words used by Mrs Gardner were, what a wicked thing it was to illuse a fowl, and I told her to hold her tongue. Have no ill-will to pfosecutrix, and never threatened to burn her place down. Saw Mrs Recce come in as I was putting the last nail into the fence. She came in the front gate, and entered the house.

Cross-examined : Heard Mrs Wade Bend for Mrs Recce. Did not call Mrs Wade any names, and am certain I did not threaten her. I have not the slightest hesitation in saying that the statements of both the witnesses for the prosecution are deliberately false, and that they have both perjured themselves. Have not the smallest hesitation in stating that as a fact.

Mrs Gardner was called and gave corroborative testimony.