AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume VII, Issue 653, 17 October 1882, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Friday, Octoceu 13

Befoke Justin Aylmer, Esq., R.M., and His Woi.ship the Mayor.

A. 0. Knight v. C. E. Watkins. There was no appearance, so the case was declared as settled out of Court. ASSAULT AND ABUSIVE LANGUAGE. Alhert Jones, Jun., accused Maiy Chappell of these offences. The following evidence was taken :— Albert Jones, Jun., sworn, said : Mrs Chappell came down to our house o 1 the 4 30th Sept. She went into the dairy and had a look round. She then went up into the dwelling house. I heard her cuising and swearing at my father. I caino up immediately after, and went into the front 1 oom, where she was. (Mrs Chappell : " Kitchen you mean, you've got no front room.") She said, why did you not pound the ten cows you drove? I said 1 only drove nine. Sue said, you b r you did diive ten. I said I did not ; and she picked up a. stick and hit me aei-oss the neck. This is the stick (stick produced). She said I told her Ned I was a betterman than be was. but that her Ned could have taken the lights and liver out of me. My lather tried to put her outside. She wouldn't go, and kept swearing at him. I then opened the door, and he put her out by the back gate; and she then picked up a stone and threw it at my father's head. This is the stone (stone produced.) Mr Haughcon told her to go home, she said, " No, : ' " not without my hat." We gave it to her, and she even then refused to go. Afterwards Mr Haughton told her to go home again, and she went.

Albert Jones, senior, sworn, said : I remember Saturday, 30th Sepiember. My little girl came in, and said Mrs Chappell was coming down the paddock. I said she might be looking after the pigs. She came into the front room, where Mr Houghton was putting up a mantelpiece. When she came in she sat down and said, " Where's Albert ? He did not impound all the cows, but left one on tbe road." My son came in and said he did not drive away ten cows, but only nine. She said,"Your a liar," and he said no. She then took a stick and struck him a violent blow across the neck. I then caught her arms and held her. 1 told her to leave the house. I put her down. She was cursing and swearing all the time, Mr Houghton told her to go home. She asked for her hat, which was given to her. She took the hat, and she kept on swearing. Mr Houghton was still

asking her lo go. I said, "Mrs Chappell, leave the house." (The Bonch here remarked to the witness, who was shouting out tbe words, that he need not speak so so loud.) I then caught hold of her by the wrists. I said, " What am I to do with her ? am Ito tie her up ?" Mr Houghton said.'-No, don't do that," so I carried her outside ihe wicket from the verandah, and she then turned and threw a stone and bit me on the head. I said to her. '"Look what you luve done." The blood was running down my head. Mr Houghton then went out and pother away. Thomas Houghton, sworn, said: On Sept.S'JLh, 1 was working at Mr Jones' and Mrs Chappell came in and said, '• Mr Jones, you have pounded my cows, you took 10, aiid only 9 have got to the pound ; wheie is the other?" He sdd, •' No, I only took 9," and Mrs Chappell then said it was a lie; that betook 10, and lost one on the road. Site said I hey saw young Jones wilb the ten. V mug Jones then c me in and coMobon'ted what his father had said, and Mrs Onappell said he was a liar too, and s'.ie made a run at him. Jones senr, carried her outside and I sod to him, ''I'll get her away." and tried to do so. Mrs Clnppell then threw a stone at Mr Jones, I afterwards persuaded her to go home. By Mrs Chappell : Mr Jones did say he could not understand you, and asked me to explain, and I had to explain. I do not know whether h • did understand, and only pretended not to do so. I did not see you strike young Jones. I did not see the -tick produced before. Icaimot swear to the stick produced, but there were plenty like it about the house.

Mrs Chappell deposed that on the day in question the younger Jones had driven away ten of their cows to the pound, but had only pounded nine. She went to the to ask the other cow, and seeing nobody about, went to the porch to see if any one was at home or not. Witness continued : Seeing Jones, se nor, inside, I went in and told him about the missing cow. He vexed me a great deal, for be pretended not to understand me, and got Houghton to explain, though he knew every word I was saying all the time. Young Jones then came in, and said if I wanted the other cow I had better go after it myself. He also made faces at me. More words followed, and then Mr Jones, senior, got me down, and he struck tne aud pulled me and kicked me up and down on the ground. My sides and back have been sore since, and I cannot keep food on my stomach. I am sick ever}' morning. The son came and kicked me on the leg, and said, '• You Irish b h, I'll give it to you." When Jones, senior, lifted me and carried me, he hurt my legs with the nails of his boots. He came at me like a wild bullock, and knocked me down. I bad no time to recover myself. I hive been to the doctor to show him the injuries I received, Tlios. Houghton, recalled by the Bench, said : I did not see either of the Jones illuse Mrs Chappell. I heard lots of talk, but much of the time I was inside. Mrs Chappell talked the most. Her language was strong She called Mr Jones a black b r.

Dr Singleton, sworn, said : On Tuesday, October 3rd. Mrs Chappell came to me and said that she had been assaulted on the previous Saturday, September 30th, and that she should like me to see what had been done to her. She showed me one of. her legs, the left. There were several old bruises on it, at least a fortnight old. There was only one that coii'd have happened on the Saturday. On the shin there was a slight scratch, the skin just rubbed off. It was a very slight a rasion. She also complained that she had been seized by the throat, but there was no (sign of it at all. Of course her throat might have been held without an outward bruise, and she might have felt it inside, but it would be very sight. She cam; again on last Monday, the 9ih, aud complained that sinco the 30th she had been suffering from sickness and loss of appetite, which she attributed to the rough usage received. I did not think it was the result of the assault, but of indigesiion. To-day she came again and showed me a hrniso on the other leg, which she had not shown me before. This bruise was quite recent. It was on the right leg. It was far too recent to have been inllbted on September 30th. By Mrs Chappell : I never gave you any opinion. I gave you no idea of what my evidence would be. Mrs Chappell said she would call her I son, to whom she had shown other parts of her body tint had been injured in the assault. The Bench said it was not necessary. Mrs Chappell was then bound over to keep the peace for twelve months, her husband in £20, and two sureties of £10 each ; defendant to pay costs. Two other cases brought by Mrs Chappell against Joiie*, sen. and J ones jun. for assault, in win* h it was stated only the same evidence would be brought forward, were not heard. TUGEATGNING LANGUAGE ASD ATTEMPTING TO RESCUE CATTLE. E. S. Chappell was charged by Albert Jones, jun. with this offence. Albert Jones, jun. swoin, said:'" On Sept. 30th my father sent me to see if there were any pigs on the laud. On coming back I said no, but that there were 9 cows. He told me I bad better take them to the pound. I then drove them towards the pound, and met Mr Chappell at the junction of Morgan's Road. He said, " You h—r, where the h—ll are you driving those cows?" He died to ride over me. He said,'' lam in a good mind to choko you. I've a good mind to cut your throat ; youe'e a bad lot ;" aud he kept curbing and swearing.

By Mr Chappell . I do not know the stick produce i. I did not have it in my hand and shake it over you. George Morgan, sworn, said : I was working a few chains off when Chappell came up to Jones. I did not hear Mr Chappell swear. He said, " What are you going to do with those oows ?" There was some loud talking, bu: I did not hear most of what was said ; I was too far off. Mr Chappell looked as if he was trying to rescue the cattle. I heard some threatening language, but could not swear to tbe words. I heard you (Jones) say you were driving the cattle to the pound.

By Mr Chappell: I saw Jones with a stick, but I do not think it was as large as tbat in Court.

By Bench : I saw Chappell ride close to Jones ; I think he touched Jones. He had nothing in his hand. I will not swear to the words Chappell used. He might have said " What the bell are you going to do with thooe cows " Chappell used stronger language than Jones. The worst words I heard were " What the hell."

E. S. Chappell said lie was busy with

tlie bullocks when his son came to him and said that Jones, jun., was driving ten of their cows to the pound. He left the bullocks with the lad, and took his horse w and went and met Albert Jones, jun., with only nine cows. He asked where the other was, and told Jones to go back and fetch the other out of Woodill'a paddock, where it had got m whilst Jones was driving the " cattle down. He didn't swear, but talked gently. Jones told him that lie would pound the cattle, nnd pound him too, and shook the big stick produced over his head. Jones then put the cattle in the pound, and witness went and got them out. He would not at first pay driving fees, as the land they were taken from was unfenced. He was told, however, he had to pay before be could get tho cattle, and then recover afterwards, nnd on reference to the Act found this was correct. He was fully aware what the Jones family were working on, and was wry much vexe 1 with the -*y"»"g p r Jones, • he constantly sung obscene songs in passing the house. By Bench: 1 rode up to him, hut did not try to stop him. I know I am liable to a fine if I rescue cattle on their way to the pound. I know the law, and have always told my sons that if they saw our <;attle taken to the pound they were not to interfere. When I went up to him he had only nine, not ten cows. I saw him with ten first, nnd then one got into Woodill'a, *. Edwin Chappell, a son of the defendant, : ■said he saw Jones with the cows, and went and met his father. He saw Jones with ten head at first, and after with nine. After he gave his horse to his father, as he was going home, he saw one cow in Woodill's paddock. When Jones took the cattle there were three cows in Jones' paddock, and seven in the reserve outside. ** Jones was driving ten cows at Mr Eugene Lelievre's ; he lost one nt Woodill's. By Chappell: Jones has been in the habit of sending you challenges to fight "* by me. When I met him he said. "If you try to rescue the cattle I'll knock you off the horse with this stick. This concluded the evidence, and the Bench fined defendant 20s and costs. CHATPELL V. A. JONES, JUN. In this case Chappell brought an action against Jones for driving a cow belonging to him into Mr Woodill's property. The information was laid under the 28th i clause of the Act. As there was no evidence to show Jones had driven the cow over, the case was withdrawn, to be laid under a different Act, if advice from town were received by Mr Chappell to that * .effect. C. BATES. V. A. C. KNIGHT. This case was withdrawn. E. S. CHAPPELL V. A. JONES. Claim £1 19s for illegally charging for ■driving fees. Plaintiff said Jones had demanded 4s, -driving nioney, which he had paid to relieve the cattle. The land from which * they were driven was, however, unfenced, .■several panels being down, and under the 25th clause of the act no charge could be ■made for driving from unfenced land. Jones not having taken all the 10 cows, but only nine down, one had got away, and he had to employ his boy and a horse for three days before ho discovered the cow's whereabouts from Mr George Armstrong. Jun. By Mr Jones: My cows have kicked against your fence. The cows have been running together tor the last few years. . They can get out of your fence. I offered to give you as many rails as would make jour fence good. 1 thought we bad settled the matter privately when I spoke to you quietly regarding it the night after the ' .pounding. A. Jones, Sen., tlie defendant, said that the fence was sufficient to keep his cattle in, but Mr CliappelTs were running on a small piece of ground outside, and had through into his land Judgment for defendant with costs. Saturday, October 14.