RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume VIII, Issue 1230, 7 February 1883, Page 2

RESIDENT MAGISTRATE'S COURT.

; ..-ip-; •• i '- ,V 7- ': J "',r;.,' '-.?.}.■_• ■-.-•■#J-4- ■ : /,i-.rf. i:.:-J:Vf ; : ■.'-,,".-■'..., DRUNKENNESS. -. ■.■<,'. ■'■■ .:?/ : JEJenry :BroWdi wa#- charged with? being- -drauk'. at'lieefton on' 'the ; sth instant. Defendant ;admitt6d' „he : ■oi%tge and .'was fined' -58.,^ or' in default;; 24 hours' imprisonment"' - ./' •' ;'■{ -v.j V. PVBRftND. ' ."' "' '' ! This was ah information charging, defendant iwith as'sa_lt _hcl battery.; .'."; ' William John Sunderland: lain a' ' 'former .residing at Crushington, and rebollect the 18th of last "month.' On the evening in question, I was returning* hp__e%and Waapassmg'through Overend's land..* Walsh and Overend werpihaying/ft barney, and I received a bipw,Ort shoulder with' s a' stone,) and then Overend threw another stone ; at me,- Which; -struck me on the eye, and knocked ihe down ; Ido not consider I was on Overend's ground at all, as we were within 15 feet of the river, on Walker's track. Cross-examined: I know that Overend has notices up on his land warning persons against trespassing. Ido not know the boundary of defendant's land. Walsh was riding ih front of me and Overend spoke to liim, but do not know what he said John Walsh : lam a farmer, living a few miles from Crushington. Recollect the ietE of last month, I was returning honie with. Sunderland ■, when Qverend came up and made ia blow at my horse and it shied .round, ' and Sunderland was then in front 1 Defendant had .a souffle with him. Overend had him down and -when he got up a stream of blood was flowing from his eye. ; Cross-examined : When Overend met us he said,-' 4V <jo back you b— — " and that we were on his land. We were going along the road we always travel. Am aware that there are notices posted up warning people not to trespass. This closed the case for plaintiff. Mr Jones for the defence submitted that a question of title arose hi the case, and consequently the, Court had no jurisdiction. ■••_■-. Mr Lynch contended that the only question, at issue was as to whether the assault-was justifiable, Case dismissed without costs. M'MAHON V YOUNGv This was an information for ..an assault, and Mr ' Lynch .-who appeared for the defendant informed the Bench that plaintiff, had dropped the case, and applied for costs against him. ■ . i Case dismissed, with costs. M'PARLAXD V. AENOLD,, • ' '\- .' An information charging defendant 1 with assaulting plamtiit at Oapleslon l on tl^Kth instant. • ■■ ! Mr Lynch appeared for plaintiff and' Mr p^ ve ;;ordciendant. - , ] reter McParia^ -t, a m driver of rwi* COach between Eeefton and i Arnold on th e road on tue Uth -,

January. I was .within a mile of Capleston when. l heard defendant's coach coming up behind. I pulled -.my horses up to let him pass and 'received a severe blow ' jufids? ,'-, t_is' tatai. On looking . round. I saw, ' defendant bare-headed and with another.,, stone in his hand ; he swore at me and pilled my whip out of myihaad., . „,;•>. \ > ... . Cross-examined [.: . 'Didiiiot Jfiear;hirti ask me , to let him passV "He ai^'tiy to pass several times* bwt^ooil^.notias the road was hot wide ''enough. I)id not knock defendant's, hat wjth my/, •whip. I could have \q\ bypass ir 1 1 liked, but did not think he wanted to ; ..am not.in-.tho habitof blocking^np the road and preventing . personspassing y never prevented the Westport, coach from passing mine. Ilehry Budge : I am a bootmaker,' was. in defendant's coaph on the- 14th. We overtook defendant"^ about .halj> , past three. . I was sitting in.-the back ariel saw a hat ontherpadanfcjumped off and picked.it up,, and in giving it to Arnold saw thafiiehada stone in his hand which he, threw at plaintiff and struck him on;- the side. They had some high words and I heard Arnold say ,' ' You won't let mo. pass, Won't you u '.s defendant ?took hold of plaintiffs horses by tho Ijridle and tried to turn them. Cross-examinedv- A little before this there was a wide place where they could have passed but did. not see whether they tried to do so. Iwas in the rear of the coach j Etidnofc: _ee^ defendant hit plaintiff with his whip. Re-examined. " : Between ■- Cronadun jand Caj^est-niV^e. made no : storage s and .went on, at.th#^sua) pape^. 1 Thi'sclbsed the case for the plamtiff. John Arnot&r^&m '■'■& tjbachdriver; on the Capleston rOad- and remember meeting plaintiff -on- tlto road on the 14th. __e.4eft ReeiKon; an.liour and twenty mi^uteß'bei'ote 3&e,.and I overtook him a few"'chaihs from the pass; ing; placet; I sang. out tbi'him'tojlet mJßfj pass and tried to do so, and he drew his coach, across <my- !track'; t then, tried the other side and he deliberately turned his coach agaiii to"«top rne.^'r I then jumped oh* and said '"-'L would make him let me pass, and just at d this moment -he struck, me With i' his whip and knocked . ; Vniy hat 'off, and- 1 did then pi6k up sobiething and threw it at hhn.' He then said he. would .let me pass arid I-4et^o his horses, but. ■ , di^ctly 4 ;T^d ;^.\he. drove ort 'ahead and its preve^'d;' me from passing Him. ./ After • going, some distance lie. pulled lip ih the narrowesjt.part of the road and said that. •1 cpumpassif I liked,i.a.s;-ijh!errwas ;h,alf. the. road 1 forme.; K was'impossible fori me to pass there, as there was a deep ditch and a telegraph post ■ This closed the case for the defence. 1 Fined 10s and costs. v ' r ' " ■' "*]' Ui \- - • -\ 1 1 ■- -.'"-'■ > :;