AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 251, 13 December 1878, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, Dec. 10. (Before Justin Ay liner, Esq., R.M.) CATTLE TRESPASS. R. Dawber was fined ss, and C. Haylock and C. Green 10s each for this offence. ABUSIVE LANGUAGE. John Nixon appeared to answer two charges of this nature. One for having, on December 5, used abusive language to J. D. Davis, and another for a similar offence in the presence of a constable. Mr Nalder appeared for defendant. The charges were supported by the evidence of Mr and Mrs Davis and Constable Scott. Mr Nalder hoped the Bench would deal leniently with defendant. When quite young he had a sabre cut on the head in India, and since then the least amount of drink made him mad, and he did not know what he was doing. Defendant promised to give up drink entirely for the future. The Bench reminded defendant that on the 3rd instant he had appeared to answer to a similar charge. Defendant: "It was all the one drunk, your Worship." t Defendant was fined 10s and costs in the police case, and 20s .and costs in the one in which Mr Davis was complainant, the Bench cautioning him that if he appeared there again he would be severely dealt j-with. ASSAULT. J. Everall was charged with assaulting D. Wright. The assault appeared to have been entirely unprovoked. Defendant admitted the charge, hut pleaded in mitigation that complainant had "blackguarded him in the paper." The Bench could not admit this as a justification, and fined defendant 60s and costs. A charge of using abusive language between the same parties was, by permission, withdrawn. BREACH OF TIIE PEACE. Mary Brough was charged with using abusive language, and also making use of insulting gestures to passers by and persons attending church on Sunday last.

The evidence of Constable Scott and Mrs Kenny fully sustained the charge. The defence was somewhat irrelevant, consisting of reiterated demands that Mrs Kenny should ''fence her well," as a condition precedent to not being molested by defendant. Sergeant Ramsay appealed to the Bench to deal leniently with defendant. Some of her friends had promised to take charge ,of her and her children. The Bench decided to give defendant another chance, and dismissed the case. ILLEGAL RESCUE OF gHEEP. William Thacker was charged with rescuing certain sheep which complainant, J. Callaghan, was driving to the Pound. Mr Nalder appeared for defendant. Complainant's evidence was to the effect that on November 29 he was driving a number of sheep to the Pound, when they broke through a gap of the fence and got on Mr Thacker's land. Defendant had then prevented him (complainant) from driving them on the road again. Defendant denied having stopped the egress of the sheep. He had found complainant in his father's paddock putting Ms dog through the sheep, and had warned him that he was trespassing. The Bench could not see any rescue in the matter, and dismissed the case. Threatening Language. p. callaghan v. w. thackeb. W. Thackor was charged with making use of threatening language to the complainant. Mr Nalder appeared for defendant. The complainant's evidence was to the effect that he was driving some sheep to the Pound. Defendant met him, and tried to stop him. He did not succeed in doing so. He then said that he would do complainant some heavy injury, and make him pay for all this. H. Hayley gave corroborative evidence. By Mr Nalder : Did not throw a stone at the defendant. Threw ono at the dogs. W. Priest: Had heard the dispute in question. Defendant made use of the language charged. Defendant, being Kwoni, said he saw complainant and Hayley driving some sheep. He tried to prevent some other sheep from being mixed with them. Haley threw some stones at him. Did not threaten complainant. Told him that he should not take the sheep iroin the road. Case dismissed. Assault. P. CALLAGHAN V. J E. THACKER. This case arose out of the one previously heard of rescuing sheep. On this occasion complainant swore that Mr Thacker had struck him with his fist. Michael O'Connor had heard defendant call complainant a liar, and lift, his h'st to strike him. Whether he struck him or not witness could not swear. Timothy Gorman gave similar evidence. J. E. Thacker's evidence was to the effect that complainant rushed at him, accused him of burning them out, and, th£n hit him twice over the head with a stick. W. Thacker said all his father did was to push complainant back, when he rushed at him. Callaghan then struck his father twice over the head with a thick stick, and broke it on his head. A cross case had bsen entered of Thacker v. Callaghan, but the evidence was identical with that given in the last case. The Bench dismissed both cases. THREATKNL'IG LANGUAGE. The same coftiplainant charged Mr and Mrs J. E. Thacker on two separate informations, with having made use of threatening language to him. Both cases arose out of the series of quarrels already de tailed. The first case was dismissed, and the latter one withdrawn by permission of the Bench. In the case against Mrs Thacker, part of the language complained of was some advice to complainant to " go heme and look after his wife." Neither Bench nor counsel could quite see how this excellent advice could be said to be " contrary to the statute in such case made and provided" as in the information it was alleged to be. The Court then adjourned.