AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 553, 1 November 1881, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Fui day, October 28, 1881. Bei*o::i*: Ji'.vitm Ayi.micr, Esq., 11 M., and J. I>. Garwood, Esq.,'-J.P. Af'SAI'LTLN'.- A I!AILII*I."' IN TUB ksKCUTION OF lIIS DUTY. Luke Vcrhuiii was charged with this offence. Mr Henning appeared for tbe accused. The case occurred at the Criterion Hotel, JY*.mes Hart ey being the person ansaiiited. B. T. Missen, Bailiff, sworn said, I pti!, Hartley, my assistant, in the possession*> of tlicCrilcrion Hotel on Thursday, after he had been an hour in possession Ire came across to me and said that he had Lcen assaulted by accused. ..,., 4

By Mr Henning — Hartley ■ was in occupation of the Criterion as my assistant bailiff ; be seemed to have suffered from the assault when he came over to me.

J. Hartley deposed that bo was in possession of the Criterion Hotel on Thursday, and that shortly after noon on tbat day. accused assaulted bim violently, he came to him and said " You b r, I've wanted to go for you for a long time." He had threatened him before He waa speaking to Mr Cross at tbe lime defendant assaulted him. He gave accused no provacation. He was sworn in as a special constable. Accused took him round the neck and put him against the wall so that ho was perfectly helpless.

By Mr Henning—l hive no down on Perham, though he lias on tne. I believe Perham knew 1 was in possession as a bailiff, but cannot swear he did, as I did not tell him. I was-not in bodily fear, but did not like the grip. Wouldn't mind having a woman's arm round my neck. (Laughter.) The assault was sudden and violent. I felt bad after it. I was quite sober. I was not talking to accused at the time, but to Mr Cross. Perham has threatened me before.

J. Cross deposed that Perham, who was intoxicated, put his arm round Hartley's neck and held him helpless against the wall. Hartley did nothing to invite tbe assault, as he was standing quietly talking to witness accused said to Hartley, " your tho by " bailiff or something of that sort. It was a sort of bar si-ramble. Hartley got a severe squeezing and has complained of it since. ' By Mr Henning—" It was a public house row to all appearance I have seen worse rows in an hotel. I was in the hotel to get an account of Mr Glew's which was due. 1 did not know till after - wards tbat Hartley was in as bailiff." By the Bench—Perham was pretty full up, he jm-t put Hartley down and gave him a good squeeze. For the defence Donald McCulloch, said, that he took the struggle for a lark, a little playful exhibition, did not see any violence, bad seen far worse rows than that happen in a public house. By Police—L'ould not say what Perham said when he caught bold of Hartley. Did not see Perham use his legs. Hartley was quiet anil sober. Perham was drunk. "We were not all drunk, I was sober." (Laughter.) Luke Perham, sworn said, I did not know Hartley was in possession at the time of tho struggle. Hartley began the struggle, he put his hand round me lots of times before I put mine on his neck. I did not mean any harm. I was talking about Caton with Hartley when the struggle occurred. I thought it was a bit of fun. Hartley recalled by the Ber,ch—l was not talking to Perham at the time he assaulted me. Ido not know Caton and never talked about him. I was talking to Mr Cross when the assault occurred. Sergeant Willis pointed out that this agreed with the evidence of Mr Cross, Mr Cross said that through having been obliged to give evidence in this case, ho had been prevented from going to Christel lurch that morning, and as a consequence would bs detained in Akaroa till Monday, lie thought he should receive some compensation, bis hotel bill alone (for board) being 10-; per day. The Beech said they would consider the applic ition of Mr Cross. Mr Henning then addressed the Court for the defence.

Ihe Bench sail that they would fine accused 40s for the assault, and that he would have to p-ty Mr Cross £5 foi his travelling expenses. In default lie would be imprisoned for 14 days. The worst feature in the case was that Perham had threatened ILntly previously, which showed malice This was not by any means the first time that Pei-liain had been before the Court for assault, and if he ever appeared there again charged with a similar offence, he would be most severely dealt with.

RiiiiAcn of Borough byi*-laws. J. J. Kissel was fined 5s and costs for allowing a horse to beat large. CIVIL CASK. John Sinv.kle, jun., v Mrs J. Currie, claim, £13 3s 4£d for meat supplied. Mr Henning appeared for defendant. This was a butchers bill extending over a long period. John Sunckcll proved the debt had been incurred, When Mr J. Currie died defendant said she had been left without property. He bad reason to believe this was not the case, as there was a horse, that to the best of his knowledge, was the property of defendant. Mr Henning said Mrs Currie was not liable for a debt contracted by her husband before his death. If there had been any properly, Mr Curries executors would have been the proper persons to recover from. Defendant said her husband had died in August last, and left her no property. She had a pig which she offered plaintiff as part payment, but he refused to accept it. Plaintiff said the reason he would not take the pig was, that Mrs Currie placed too much value on it. The Bench said that defendant was clearly not liable and non-suited plaintiff. The Court then adjourned.