Resident Magistrate's Court.

Clutha Leader, Volume V, Issue 208, 5 July 1878, Page 6

Resident Magistrate's Court.

3, 1878. jtK^efbre E/H^Oarew, Ssq., R.M.) fel^tMirciiEtt y. - IIAYiifES. — : Throwing down §tf jbhe p^intifTs gate.vthereby doing injury §p%t«:tlie plaintiff to the amount of ss. Mr if or .plaintiff, and Mr 'Henderson ft??for defendant. Mr Henderson handed in llSsai certificate' of dismissal by two Justices jSaKfof the Peace,; before whom the same case ||^ : liad been heard. pMr Taylor argued that r> the, informations being differently worded "thepresent one cotild be heard, but his I "Worship decided that it -was the same case ■and could riot be heard. 0. Hook v. (±. F. MiTcnBLT, and Denis IVfiTCHEtL^— Charge of assault. Mr Henderson for plaintiff, and Mr Taylor for defendant. Mr Henderson in opening the case •characterised the assault as a most ■cowardly and brutal one, the plaintiff "being a slim lad, and each of the defendants.about double his size. Charles; Hogg, plaintiff, deposed that on the night of the 13th June he, Raynes, -and Bowers were sitting on M'Lean's -window about 11 o'clock, when defendants came tip with riding-whip handles. G. F. Mitchell shook his whip in plaintiff's face, ■and Denis Mitchell struck him on the side of the head with the loaded end of Ms riding-whip. The blow cut his head and knocked him senseless. When he came to himself again the defendants were still thrashing him. When he got up he went Into the blacksmith's and had his head washed and bound up. He had not been near Mitchell's that night, and had not given any provocation. Plaintiff was cross-examined at considerable length as to what he had been doing all night, but was unable to elicit -anything further or to shake his evidence. Alexander Bowers and George Raynes -: gave corroborative evidence. Mr Taylor called G. F. Mitchell, who stated that on the 13th June his brother Denis was on a visit to him from Dunedin. About 10:30 p.m. I heard a noise, and went out and saw Raynes carrying portion of a gate away, and about a dozen more, ~to whom Raynes called out to run. I chased Haynes and heard Hogg's voice. I went into the house and told my brother, and we went up the main street and the larrikins up the back. We followed Bowers, Hogg, and Raynes as far as Maclean's window, where they stopped. I said " I've caught you now ; you've been taking one of my gates away," and that I would lay an information ■ against them. The three of them were coming at me. My brother was a little behind, about a dozen yards. I hit Hogg ~fcwice with a riding-whip, and the other two ran away. When I accused them they gave me. a lot of abusive language. I struck Hogg once on the arm and once on the head. He ran away when I struck "him. We followed Raynes up the street. My brother struck no one, as he had no whip.

Denis Mitchell corroborated this evidence, and Harry Clark gave evidence as to what took place about the gate. His Worship said there was no doubt that one side had sworn falsely, but the weight of evidence was in favour of plaintiff, who, with his witnesses, had stood the test of a severe cross-examination. Defendants had given their evidence straightforwardly, and he believed had only struck in self-defence, as they said they expected to be assaulted. He would hardly be doing the defendants justice if he convicted them of the assault, and the information would therefore be dismissed, but without costs.

Legge v. Greig. — Claim, L 4: 2s. Plaintiff said defendant brought Mm an old wreck of a reaping machine, and asked how much it would be to put it in order. Plaintiff said it would be L 4 ; but he could not promise to finish it in a fortnight. He took it away, and made no objection, but promised to send LI that week and the balance in three weeks. He had received no portion of the money yet. William Legge stated that defendant expressed satisfaction with the working of the machine after lie had got it away.

Defendant, John Greig, took down the reaper on 20th February to be repaired in a fortnight, and when he (defendant") came down for it he was put off from time to time. When he took the reaper away he told plaintiff he would not pay. J. H. Legge, the plaintiff's brother, was present when defendant took the reaper away and promised that his wife should pay LI in a week and the balance in about a month. He did not hear defendant refuse to pay.

Judgment for plaintiff for amount claimed, and costs 19s ; distress to issue as soon as asked for.

Application was made by Mr Henderson for a teinporarj' transfer of the license of the Crown Hotel from R. E. Dagg to John T)unne. Mr Dunne had not taken up his license for the Newmarket, and the transfer was therefore granted.