RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume V, Issue 178, 7 December 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, December Ist, 1881. Before R; Ward, Esq>, E.M. and Biessrs Mbnrad aad M'Neil, J's.P. BREACH OP THE LICENSING ACT. Jobn Walkley,.preprietproftbe Ctan--mercial Hote T „waß complained against by Constable Gillespife for a breach, of the Licensing Act, m having Ms bouse open after ten o f clocfcat night: TBe defendant 1 admitted; tße ; but stated' that tyro commercial travellers had commeoced to play a game of of billiards at about twenty minutes to ten; and he had been waiting for them to finish before he would cloae the house; • The Bench said that as it was the first information laid under the Act, the case would be dismissed, and of conrse no conviction recorded ; but adyised defendant to be more careful m future. : ASSAULT AND' THEBATENINQ tANGUAGB George Richardson laid an information,afjainßt Jnames Buick for having assaulted'him and' using threatening- language. Informant being m danger of bis life prayed that defendant bt bound over trf keep the peace;. . . ' Mr Perkins appeared; for fnformant, and Mr Hawkins for defendant. The followinfis tUe evidence taken :— George Richardson, examined : lam a settler reiiding m Karere; I know the defendant^ wbjonxl met an. the Ktrercrokd

the ;i Bth, opposite MrMatneson's. There were a lot of persons standing by. Mr Dugald said, " look out, yon will get rua over," as Buick was riding furiously down the road, having no control of the horse. 1 got up into the cart, so asta have more command over my horse. He i poke to me and I advised him to go home and not make a fool of himself,as there werefcnumbsrof women and childrei* " about. He •track' at me with hiYctenched fist, making use of bad language. I went away and mounted my cart, wbicb was loaded with fcricks. He told ..roe be was motr not done. With . me yet, and j that he would do for me tha* time. The^ cart with all the bricks-were upset m the ditch, and as- he w^f^l persiat" m attack- - ing me, Andrew £I'E Wen, knocked hi» ! down and tied him withra- tether rope, and placed bimt on the, ground. There I was about £4.damages;dbnc to my property!; as thewwere k^ont two > hundred ibricks The- inafe vras m foal !at the time of the capsize, and, of course she was rauchiiijured. Buick never made an* apology, aHhongbi-fiV "&$& a chance of doing so. . ; ■ Cross-examined by Mt,Hawkins^-I .struck his horse on thfe nose for his pro. Section and mine, as his horse would have been under the wheels.. did not assist :to throw him down=and»tie ; him,i he w^ peiy vinteui w-Hile behigc,tied v and made ? v use of bad laog\«g^ jwaile; lying .ojo.tht^v.ground. .^.^•■- ;^^^^:^:^^ '-■.■"■ Dugald Matheson depowdS- "ram^aN settler at Karere. . On ?tKe ISth of November £ saw both -plaintiff and defendant, Mr RichaHson was passing my- brother's^ chouse., While we were there Buick rode by, but turned back v and Ricliard■soni "went up to speak- to him. I did^ Mot hearwhatpafised between them. Richardson returned^ to his cart, and got"! into it, Buick rode up abd I 'Saw himv f strike atßichardsoh, and I? also. saw hia* try to strike him, the first time. I wai: about : togo m to the; ; house, but as I* thought something serioiia^ might oecur l I;did not go* r Buick felf off His' horse i^i his efforts tofltrifce. I believe his being drunk had a. great deal to-.dtivwitb it, I then saw Mr Audteyrv M^Ewen trying 1^ take Buick away. ¥sm the cart goingtoward* the ditch..- Richardson was rath*cart,.and Buick had a hoM of the hors*'» ,headj but T cannot sajr who ■ shaved th»- ; Icart into the ditch. I saw Bicbardscn* frying to fciee^'Buick dffwith tfwhip »;butIdo not thiak-he struck him. Richardsou jumped out of-the cart- before it gorout of the ditch i. V l?did not see any body touchiimtbut Andrew. MARwen. I sayBuick on the ground tied witharopel Tsuppose he was tied^to keep- hinvirom thecrowd and Richardson. Whi'e he wmoa; the ground he made use oE bad language. Irhelped to eet th« horse out- of ~ |the ditch. The cart was broken, • ! Crosa-examined— When Buick watpassing* Richardson went to his dray, andtook toWMlhis-reina. Richardson went> to meet Buick.. ; .- The evidence of "Mnr^ock 1 Mathesonv was also taken, but it- was corroborative of that of his brother. . }, The Bencji- decided' to dismiss' thecharge of assault, bli^ b"hnßd defendant over to keep the peace for--six- month** himself m £I<V and two sureties of fil(fe i'eacb. ' ■ -';..'•..;;" \ y : : -„ '. ; > ' ■i James Bftiek laid an infoFtnatio«a |a<9«inst Mr; Tanner for bavingysedin*suMng Isinjafuage towards lifeai on tk»4tli. of NovemheiC- ; ; v r V Mr Hawkins appea^d for plalntitf:and Mr Stai^ Eor d^ehdaot; ' ':\ ' : Theevidence ofMf Buickrirent t»» (•how-that defendant* boya had inter--lered with his horses- »n<l he hid jron«~ to Mt : Tannep's. pktee- to complain, ■jflrhen Mrs Tftnners ; used" th>r-lan^iag#^ named m tlte information;- and" her so*. John threw- off "his cbaft' fh 1 order tfi_fight him. He nerer made a replyi didv } not attempt to ffght, and;' went" quietly |borne with his wife: In sUppoft ;bf thata- son of tfite plaihtiff;"yyas prowhose testimony Bbrf thlK ■statemients of; his fatfer^ AHiother scn> w^» jbronght forward" to give evidenee^ but as he admitted having n<i knowledgeGod ? the Bench would not- .allow hin»« |to nworn. VPbr th;e defrnce; the tw»« ;r sons of "defandent tnld^a very differentstory, which :the-IVraVistrate evidently^ .beMeved^a-tbty dismissed the case* [i James BnicV laid" an Infijrmafioit* : against John* Tannery a son of. rfie last* tdefendenti for . nsiiisf threaterijtig and' abusive Japffijag^, calculated to provoke ►- breach of fnej)eace. ' ; : V ; ;•..-.■ , Mr. Hawkins, who appeared Ttor-thi -. plaihtift,*. stated that "as this b.ise a^o. c © out - of the pr"ecedinff pne,in fact was pafrtand^ joarcel of it, aftVr the decision' 'of the • |Bench, he had advised his client to with* |3raw ft, and he had sdopted that course.; | -'Mr. Rtftite' applied'fbr cqsti^ but thtdeclined "to-/altew- them, and conn*, sel then wit>jdi«wtfie charge; ' . HttBSAMT- ITtroVWDiv&i. i James Buick" changed "Alfred Tannery, with illeerallv jmpoiinjfliflg cattle, tht•pronertv ofthe.Jnformanff.-., -; . . ■ . • ■• M. Hiawkins for Mr.' Bniclr, and Mr*. Staite for-defen%dt. / vt c'At^ oiitret of tM case- Mr Staitttook' a |»rel|h>»nary)i and^ as he stated; , a fatal obfec^n. .The facts of tHe easfr-% were such" thai Ke felt sure bis learned^ * friend must have been-wrpngly instructedotberwise.the charge would; never hare been-laid against his client. -Mr jTannerwss not present vrhien the alleged of*fience took' place, gave no order~for th» imponndine,. and- Jn fact knew- nothing swhateverabrnntit. Aisa matter of feet, itwas Mrs Tanner and" not her hnsband who> should, he chiarfircdrwith the offence. Mr Ha wkins said it was a well-known-axiom of law that tbe husband' and wifei were one, and he was surprised at hit learned faendjrAiaing.s«ch airitolous ob--ecHftm/ „;• a v - i Mr Staite retortecT' that- Bis fearned* friend could blow fiot' and cold m tht •same" breath. Th 6 court* bad jnst dealt with a case m which the infonnatioa* had beenliiid against Mrs Tanner, »nd" npw Mr. Tanner. ..was sought to be made answerable for the alleged criminal acttn orVhiswifeY : ". ' Mr Hawkins said/he went for the per* «on who was the best mark to pay. Mt Staite Bad no doubt theinten* tion of his learned friend was quite good,, but inasmuch as the law did not make a man responsible fdr the criminal aeti of" his wife, be was afraid it could not be put into effect; Before wasting the time of the Conrt,ht would ask a ruling upo» that point. • .-■■.,.. MrWard said he was with couniel for the defence, and conld not see the equity of saddling, one persOfi —-be it either husband or wife— for the; criminajt acts of another. Beiidt tht 27t> -Hkm

'of the liayovivfLlpg A.cf said that " every | person I whoßhiill uniawfully drive and cattle lawfully being on any land from iuch land, shall on conviction thereof forfeit, and pay a penalty pot exceeding £5 and shall remain lfabls m damages to every person injured by his wrongful act m the lame manner as if this section hadnot b^cn •nacted." Jodgment for the defendent, with costs. There were several debt cases, but they Were not of any interest unless to the parties concerned. ;