MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1802, 29 March 1888, Page 3

MAGISTERIAL.

ASBBU&TON— THURSDAY.

(Before Mr John OilMer, B. M,, and , Mr H. Ff led!ander, J P ) '„ CIVIL O4SR9. Lublow v. J. Smith, claim £7 9a lOd. 3 Judgment for plaintiff by default; for th* -, amount claimed and cost 3. I H. Zander v. D. O'Connor, clam £3 3a I lOd. Judgment for plaintiff for the a amount claimed and costs. i J Orr and Co. v. G. T. Gildsmiib, J claim ££ 12} 83. Judgment for pluntff by duf.iuit for the amount c'aim'dd and r costa, W. Baylia v. W. Evana. claim 15a lOd. ' Mr Cuthbortßon for plaint ; ff. Judgment s f:ir plaintiff by default for amount claimed and coatß. B. Hughes v. J O. 8011, claim £16 4s 2d. Mr Oayeill for plaintiff, Mr (Jrisp for defendant. Tbis case, after two , partial hearings at former Cjurt days, c&me op again. The Oftsa having been " gone into, the Magistrate gave judgment ' for £7 10a, bat Btayed execution for four ' weeks m order that defendant might havj : an, opportunity of bringing an action for 1 the recovery ef certain amounts which he ' alleged he did not owe. — Leave was ' given Mr Crisp to appeal. ASSAULT. Sarah Cates iras charged with assaulcing Henry Stevenson wherefore application was irutte to have her bound over to 1 keep the peace. She was further charged with breaking a fence, the property of Henry Stevenson doing damage to the' extent of 10?.— Mr Crisp for complainant, Mr Olaytoa for defendant. — Henry S'.evenßon said that on Maroh 21, Ca-eß* children were chasing his fowls. On attempting to remonstrate with Mrs Gates, she used most violent language. On the following day Cates' children were standing on a Bectioa next to witness's and which he rented, and were singing out " Mother Steveaaon have you had your beer yet." Witnesa ordered them tff the seotlon and went towards them, whereupon they ran inside their house scream incs Mrs dates then sallied out armed with a stick need to ram p sts down with, and Banging out to her children "Come on boys pelt him" advanced to at:ackh!m. She struck him twice with the rammer and the children pelted him with bah, kerosene tins, ntonea, half bricks, and a variety of other missilep, an assortment of wbiob, consisting of a broken flower pot, and a oouple or so of bottles, witness produced. Mrs Cates damaged witness's fence and bo me of his trees, — By Mr Clayton : Witoeaa had fowls bat they did not annoy the Gates family. Did not threaten to out cfl the chll dren'a heads and bury them, nor did he express his intention of coming over, and smashing Mrs Cates. He had sung out to some one " Doeen't Bhe look a protty sight"; this was when ahe.w, s marching about with the post rammer. — Martha Stevenson, wife of tho last witaeas, gave corroborative evidence. She was afraid of Mrs Catea, and since the occurrence aha had kept her door locked and bad k9pfc tha children inside — By Mr Clayton : Some time ago Mr Gates complained of witness's fowls eating his , cabbagsg. Witness's husband replaced the \ cabbages and the f 'Wia had not treßpaßsed since, Cates himself haviug tild witnes3 ' that the fowls had not laUeriy. been on his laud. Witness nevor interfered with ! Uat6B chi'dron. — May Hopkios saw Mra Cates brandishing, a stick at the complainant.—James Lenu;m nnd Constable Casey gave evidence — This was complainant's case — Mrs Cites, who bolng m \ a delicate &t-»te of health was allovrod *o sit while' giving her evidence, said that on the day mentioned m the information she heard Bcroaras of children and going out found her children crying and m rep'y to her qoeitions they said Mr S:evenßon \ had threatened to kill them. Asked complainant what ho had beau doing to ' the eh ldron and m reply he ordered witness rff the section and threatened to put ' her off. He alsj threatened to " smash " witness and witness m self defence pioked up a stick and brandished it. Witneaa did not throw anything at complainant ; she was Rure that her ohidren did not throw missiles each as those produoad. Tho Magistrate bound the defendant over to keep tha poaoa for aix montbs, m one surely cf £25 This waa all the business;