RESIDENT MAGISTRATES COURT.

Ashburton Guardian, Volume IV, Issue 1006, 27 July 1883, Page 2

RESIDENT MAGISTRATES COURT.

ASHBU RTON. -To-day. (Before Jeseph Beswick, Esq., R.M.) A Dangerous Practice. Daniel O’Connor was charged with getting in a train' while in motion, and the Bench fined him 40s, remarking on the danger of the practice. Malicious Damage. —John Whiteside was brought up charged with being drunk and breaking six panes of glass, the property of J. Berg, and was further remanded till Monday. Assault. —Charles Beard was brought up on. remand, charged with having, on the 24*-h inst., maliciously assaulted J F. Smither with a tomahawk. The complainant gave evidence to the effect that the prisoner was in his employ, as was also a man named Thomas Walsh - At half-past seven on the morning of the 24th, witness came ; down to the place where the men were working, and Welsh said there was no meat for brea fast, and it was suggested that witness should go to the farm and procure some. Witness went and brought back a ham, concerning which some words passed with prisoner, who called him “a liar.” A quarrel ensued, and witness took off his coat, “ shaped up ” to prisoner and tapped him on the arm. Beard was chopping firewood at the time with the axe produced, and to the bast of witness’ belief prisoner took up the tomahawk to strike him (witness) on the head, Saying “ I’ll kill you, you——Complainant shielded the blew with his hand, which was severely cut, and was afterwards dressed by Dr Ross. Witness then ran away and prisoner followed foe about 100 yards with the tomahawk in his hand. Getting faint witness stopped at the watercourse, and on prisoner coming up he raised the tomahawk to strike again, when witness held up hia hand, saying “Look, you’ve done enough. Prisoner then put aside the weapon and went back. —Thomas Welch gave corroboratory evidence as to the assault. When the previous witness ran away prisoner threw the tomahawk at him, and having picked it up again and pursued Smither, saying “I’ll be the death of you yet.”—Constable Neill gave evidence as to the arrest of prisoner, who said he had committed the assault when in a passion.—Dr Ross was called and stated that Smither came to him on the 24th inat., and asked him to dress a wound in the hand, about one and a half inches 101 g and three-quarters inch deep. It was not a dangerous wound, and must have been caused by an instrument with a cutting edge, but dull, such as the tomahawk produced. —The prisoner on being called upon, said that he admitted the offence, but he hoped he would be dealt with leniently, as it was his first offence He was very sorry for what had occurred. —The accused was committed for trial at the next sessions of the Supreme Court, at Christchurch, bail being allowed, two sureties of LSO each, and himself in LSO.

CIVIL CASES. Woollen Factory Co. v Rontoul, claim Ll 4 for calls due on shares. Mr Crisp appeared for plaintiff. There being no appearance of defendant, judgment was given for amount claimed and costa. Dunn v Kennedy.—This case had been adjourned for the purpose of allowing defendant to produce receipts to show that the plaintiff had received certain money fur the repair of one of the machines in dispute. —Mr Cnsp put in these receipts, and Mr Wilding cross-examined the de fendant. —Judgment was given for LID 5s 7d and costa. vVood and Co v Malcolm, c-aira L 6 16s for goods supplied—Vlr Wilding appealed for plain iff, a -d Mr i’urnell for defendant. —Judgment was given for the amount cla med and costs. Mc-Avey v Power, claim of Ll 7, money duo fur harvest and other work —Mr Branson appeared for plaintiff and Mr Wilding for defendant— ' fter evidence, judgment was given for the defendant with costs. McKerrow v. Raymond. —ln this previously heard case his Worship said the question was whether the bill had been

received by Pavitt from defendant under fraudulent pretences. The evidence showed that the transaction was an extra* ordinary one, and showed that P%vitt’e books were very loosely kept. Taking all the circumstances into account, although his Worship was by no means certain that the decision would be correct upon strict law, he would give judgment |for the defendant without coats. He would like to hear anything Mr Purnell might have to say concerning the statement of a case, as he was by no means certain on the law point, abhough he had no doubt of the equity of his decision.

Auchinschie v Gould and Cameron. Claim of L 52 10s, as wages. Mr Bran* son appeared for plaintiff and Mr Wilding for defendant. L 27 18s was paid into Court in full settlement of the claim.— The plaintiff in this case claimed at the rate of L2 10s per week, which he alleged was a fair charge for the work done ; while on the other side it was argued that the amount paid into Court, which represented L2 a week during harvest, and LI at other times, was all that was due. For the defence Mr D. Cameron, manager of the station, and Mr Cunningham, the book-keeper, were examined to show what was the rate of wages paid on the stati -n.— The Bench said that judgment would be given for the amount paid in o Court, but would allow costs. Judgment went by default in the following cas-s • —McKenzie v Benison, claim L 5 7s ; Orr and Go v Hodges, claim L43s lOd ; Sperrey v Smith, claim L2 12s 9d; Same v Parkin, claim L 4 12 3d ; Same v Johnston, claim 19s 6d ; Duncan v Finlay, claim 19s.