RESIDENT MAGISTRATE'S COURT. PALMERSTON NORTH.

Manawatu Times, Volume III, Issue 12, 28 November 1877, Page 3

RESIDENT MAGISTRATE'S COURT. PALMERSTON NORTH.

TwKteY<; Nov.: 52nd; .;1877>) 03©fore-'S^|ard,: E-q. r ß.M.,,.and G. M. Sneispri, Esq., J. P.) r Robert Mackiev.R. Ross. . The defendant was charged on the information of -Mr R. Mackie; butcher of / Pal mers tP n . North, with horsestealing. Constable Gillespie applied for a remand pending the ; arrival of a most important witrie^ Courts decided, to adjourn, the .case until next ; Thursday, or, shpuldthe wit^ ness arrive -in time, it would be heard on Friday at Feilding. , -:..;/ r Tnpmas Nelson v: Angus Clark. Thet defendant? wasrcharged by. the plaintifEk Stdrel.e'eper" With grievously assafilting , r him, . and threatening ..'j tp r murder him^ Plabtiff being sworn slated* That on Sunday evening, the f ißth^inst^ as I was leaving my house; on my -wayf to church, the -. defendant,, Clark, ac-n costedme Wanting tb go into my store and j demandmgsPme money./ :He wis' quarrelsome, and I declined to let him. come m. He ' followed ; xne i to the Railway crossing abusing me. I turned round and told him I would have nothing to say to huri. On this he struck me with a stone he had m his hand., I fell down into the ditch beside thp railvray. . He then knelt on my; chest and pulled • hair out of my beard. He threatened me and said he had come to murder/ me and ruin me for life. : The doctor attended me and plastered up the wound m my/faceV. The complainant m answor to questions from the defendant denied having commenced or, provoked 'quarrel. The evidence of a witness was then taken; Who proved the assault^, and m answer to the defendant stated that he was sure* complainant was underneath m the ditch. ' y ••'■ The Magistrate, m" giving sentence, / said that a ihpst serious assault had been committed and one that must be, ihetvrithseyeri^ , would be inflicted arid m; default pne month's imprisonment m Wariganui I gabl^with hard iaborV The/ money was j paidinto^Cojart; .-."-.■; ';'.■'. „;i A-----/ .. „-,i Alexander Young v.^^ Thomas Knight. ; Mr McLean for the complainarit stated thliwas (..a* case of assault arising out of a cplßsibri/Vet^een- 1^ ; yrath wnm^ intimately connected, the parties tb the suit being reversed. . ; Alexander Young, sworn: I remember J ;'''t-w;--_^i^'^pyeffiberV' a collision occurred ■ betwjeen ' m^ Knight was between Mr : (Kmght's place and tteAwahuri;Bridge. ; The tmpsby the cpUision'were b^oug to a^s^dstill arid iMr. Knight 1 reached j . oyer antt. caught xajxemimM.s' hands/ sp that;,!; had /rib ;pbwerbyer^ rivy- horse,] , causing ;tne ; ;tiwb,'^.traps t "tb^cbriie closer: •together.; fiega^ three, violent. sSkes and then dropriin J g them' ' struck^mV twice -,b^ythe;-._.ea^ with hisi shut ./fist. ,,;. His „ jnofif^ being- rspiritedj iiw^ed \ on Jau^upse^ mine.;; He called' ■■> ineriamesjarid asked; were I was go^ to. - ± saw defendants trap coming b^.;.;ha^^nbt^.t_i^^'to-'.-'.do, ,;anythirig ;■ he was 'coinmg/'ati; a^;;gdod .'smarfc 'trot,; yffhm, • i;he^ ? ;iiirivisriy: "lpok put* /and'he i ke^t^tu^ wcolßded? / - ; \ .MOrs'.' ' Hams, 1 sworn; said V"'larii the wife of t ,Francis , Hams, carrier,. .. I re-: member Sundaf tfie llth in'stl. ' T was m the trap with A. •YouriTg arid others! ori^that}evening.T I remember, pur trap / coming into collison witlf another .about ■ ' .I^aailes jrom^tiileA^yahurL/Bjnd^ _ I saw. / defendant take hold of our '^Wyer^re^jai^u^ arid strike bam W thle Head' twice i W was, a blow not a smack ; the complairiaritijdid - riot stiike him atldl. r r I was sitting next *t/tb f tfie j_riveri u I fteattf defena'arit^ call but; " loWoW w \ffl w\ma} ito ciarifee to p^'butfof the- wapv dant /was/ m the .centre of the road. Lbrii^Sinffh anbther occupant of com- - plainant's trap gave isimUar evidence. -/ As6*~ty swprnj saidt^am afarmetlivingon-the '/Rragiti&i rpad^: r^remembeV S.|n 4 day the 11th inst I drqye /' home'; from chmch' bii evening ; al_cl then pro- ? ceededtb 'drive' Mr knd Mrs. Mprizies: as far as Awahurir-I saw complainant^; '<■ and the, Awahuri Bridge. j^W^eri'lfirstn saw the' f*ap it" Was about 20' yards from u *^Sri^/Be^iri^f^that" th¥^vbr- was-'riot' - polling.^ the, rbadjf • I; cried but twice dhere^ rlooki«ut^i«at the He of his wl^loife accounts &W& ii .--• yyA,:y; : ;.y, :; -•.- -. :/ v r * i /

heard no answer when «I called put. We had 1 a . collision and I said to complainant ..-*' look out, where are you uriving to," and gave him; a ; push with my hand.; I [felt, angry at beirig; driven into; arid it is possible T triay have used ; stronger language. I did hot push him ; more thari once. I did not take hold of his reins at all. 1 had pulled up waiting for the collision. • - Edward Monro.Menzies sworn said. I -am master of the Awahuri school., I was m company with the defendant on Sunday the lltluinst.; Myself and wife were m his trap. About half way to the Awahuri Bridge we heard a trap coming. Mr Knight called out but got no answer, and then, pulled up to the side of the roadr-The 'defendant's is a two- wheeled trap, so also was the opposing one but heavier. Our trap was standing quite still when the other trap came against us/The defendant-pushed complainant who appeared to be asleep. I did not see defendant take hold of the reins. He was told to pull back but did not do so, aUowing the horse to go forward instead. I was sitting on the left hand side and could see perfectly when the traps came into collision : their wheel appeared to go inside our wheel. This concluded the evidence m this case, and before deciding it the Court decided to "hear evidence m the cross action arising out of it. Thomas Knight' said I am the plaintiff m this action and sue the defendant A. Young for £5 for damage' to a dog cart through careless driving. The plaintiff' then proceeded to give the same evidence' as m the former case until the collision occurred; when he said. The- nave of their' wheel caught against the nave of mine. The wheels were not locked ; if the wheels had been locked my wheel must have been carried away. The cause of their trap upsetting was that' an offrigger was affixed'^to- their trap, and which came over .my wheel throwing their trap off its balance? -When their trap upset ■ it eleared-mine and I moved on- to the centre of the road. Mr Menzies' got out and lifted Mrs Menzies;down and I then- asked* Mr* Menzieskto. hold my horse' by the 'head,- and 1 1 went to see, if { any thirig^erious had happened to the occupants of' 'the other trap. They appeared to me >to be ina state bf intoxica? tion by the abusive language they used - arid their appearance. They told me I was the cause of the' accident and asked i me to help them up with .their trap. I saw that they had plenty there to do it and thought it better rto make a start. Before doing so Mr Menzies asked me if the trap was. aU' right, and I struck a match and saw that the axle of my trap was half broken m two ..and the step was bent.' I produce on account shewing what I have fa) pay for repairing the trap. The account produced amounts to £2 ss. I thought it would -have cost much more thari it did. The trap has been -taken to pieces, the axle welded and the step straightened^My horse is four years old and was broken m last January, I have been driving,him ever since. Ido not use a whip., My horse would not back. I looked carefully on the road the next day and I could distinctly' see where my horse stood. The opposing trap upset but the horse was left standing ; the harness had slipped round. Alexander Young the complainant m the previous ' case and' driver of the upset trap* said : I heard plaintiff call out " look out there," but no one answered., Both traps were moving^at the time of the collision. I -was on my own -side 'of the road .arid X did riot see plaintiffs-t rap until J wasi within five yards of him. ' The horse I was. driving is ! a very j slow horse. I could not back my trap' W the plaintiff had slewed it round by -catching -the reins. I was not drunk and quite capable of taking care of the trap. When the plaintiff struck me his horse moved on and my outrigger went over his wheel and upset my trap. lam not' aware of anything * that could have injured- his axle. ' .William Smith, sworn; said :lam a , brickmaker 1 living at Palmerston North. ! I Twas with Young's party; on Sunday the llth ins'tr I was riding a horse and was about' a chain -ahead when I met , Mr Knight ; he was going at a dashing ' pace I pulled, l up -and hearing a crash I turned back .and- found Young's trap 1 { capsized. I asked Mr. Knight to help' 'us with 'the trap but he' said we were all 1 'drunk arid drove> away. '- - Richard Peck, sworn, said : Xam the owner of the trap-that was upset. T know Mr Knight's dogc art.- I saw it on the .following, morning after the ac-i cident.,' The coupling that fastened the' i axle to the trap was slipped "back but 1 1 thought it had been done some time. 1 j did riot !see Zdny (damage toi the. axle.^l think 15s would -repair the trap. I, had no rule/but T could ndtjsee any crack or bend m the axle.- _-- This concluded/the evidence m both 'Cases, *and the-'Courtn-held -that- no assault-had been-proved; and dismissed the ca_e> with' costs; at the same giving judgment for the defendant m the cross 'action.'of T. 'Knight* v.i A. Young- witbl costs' _4s, counsel's" fee 21s. , ' J. Brogden and) Sons, v. P. Stewart adjourned to December 6th. S.^ Abrahams v. J. Pollock, claim £21 ~ ss. Judgement by default for amount and* costs 255. < J. W. Liddell, jr. same : claim £15 2s 7d. Judgment by default for amount and costs- 19s. ' Walton &' King, v. C. Chester. Judgment summons; £4 4s 9d, £2 paid into Court: ordered to pay balance with costs-* lis by December 6th, or m default, seven days imprisonment. > '- Capper* <fc Zorhab v. Lanko & Moulden, claim £9 10s 7d ; adjourned to Pe-cembef'^th.-r' i t i J. Pollock v. A. C-uthrie., Nonappearance 4>f either party. \ The business before the ; Court being .concluded, it was adjourned .until/ Thursday, "December 6th/1877.: L */ ~ *-* '