RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), 9 March 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

WEDNESDAY, MARCH 9. (Before Captain Preece, E.M.) . Richard Barrows was charged on the complaint of Philemon Palmer with assault. Mr Lee appeared for complainant, end Mr Lascelles for the defence". Philemon Palmer, sworn, said he went to defendants' on Monday morning about his account. He saw the defendant, who said he wouldn't pay unless 23s was deducted for a horse collar. He wouldn't deduct it, as he never had the collar. He saw defendant again in the street, and asked him for the account. He aaid to defendant, "You want to do me out of my money." Defendant then 6truck Mm, right and left, all acroes the street. Wi f ne»s went into Knowles , ebop, and defendant followed and struck him six or seven times in the shop. Defendant then pushed him out of the shop, and kicked him behind. He was hurt on the forehead and loins. Be went to the police station, and complained to Sergeant O'Malley. He had been attended by Dr. Caro. Had been ill ever since, and unable to attend to his bueiness.

Cross-examined by Mr Lascellee: The blows were struck about four o'clock on Monday afternoon. His head was not bandaged till noon on Tuesday. He did not call defendant a b rogue. He said defendant wanted to wrong him. Nothing was said in Knowles' shop about his robbing me. A. man named Brown saw defendant kick him. Defendant had a , ' collar from Holders. He (witness) had it for one day with the horse on trial. He did not order the collar. The man at Holder's put the collar on ..the horse, and he (witness) took it away. He never used any such expression as " rogue." Sergeant O'Malley saw the complainant on Monday evening. He had a lump on hie forehead, and it was bleeding. James O'Connell, sworn, said he was stopping at Burrow's hotel. Saw Burrows beating the complainant. He hit him several times and kicked him, He told complainant to give Burrows in charge. There were so many hits and kicks that he couldn't count them. Complainant was bleeding. Cross-examined by Mr Lascellee £ Mr Burrows baa not turned me out of the hotel. The complainant received so many kicks and hits that I couldn't count them. I should think he was kicked ten times. He was kicked into Kuowlee , shop, and kicked out again. The whole affair took about three minutes.

Henry Nesbitt, sworn, said he was in charge of Mr Knowles' shop. The oonplainant came into the shop on Monday afternoon; he walked ia quietly. Barrows followed him, and said, "You say I have robbed you ; what did I rob you of?" Barrows then gave complainant two slaps with his open hand. The complainant then walked out again. -He only saw two slaps given. Cross-examined by Mr Lascelles: Complainant was certainly not kicked into the shop, and not kicked out again. His (complainant's) forehead was always something like it was now ; it often had scabs on it. He saw no necessity to interfere while they were in the shop.

Dr. Caro, sworn, said he knew complainant. Saw him yesterday about noon. He found a number of lumps on bis right temple. He made an incision in one, and let the matter out. Borne of the lumps were old, and one waa fresh. Some of the bruises could be caused by a blow. They were not bleeding. : Cross-examined : There was no mark except on the forehead. There were some very small wounds; they looked like supurations. The matter would take three or four days to form. The lumps might have arisen from blows encb. as had been described, but it was not likely. Mr Lascelles then opened the case for the defence. Richard Barrows, sworn, said he knew, Palmer, and had tried to help him in business. Palmer brought his bill ac usual on Monday. He told Palmer.that he would pay him less 23s for the horse collar, for which he had become bound. The collar was bought for complainant entirely. Complainant said he did not order the collar, and would not pay. for it. Some time after complainant met him in the street, and asked him if he was not going to pay the account. He said, " Yes, less the price of the collar." Complainant then said, "you are a b rogne, and want to rogue me as you do everybody else." He (defendant) then followed him into Knowles' shop, and asked him how he (defendant) had rogued him, and then slapped him on the face twice. He never kicked him. Cress-examined by Mr Lee : He did not make complainant's face bleed. Mr Laseelles then addressed the Court for the defence. His Worship said he did not take the evidence of O'Connell into account at all. That witness appeared to be drunk, and he had thought of ordering him into custody. The complainant had made as much of his case as possible. He would fine the defendant 10s and costs, with one guinea for witnesses, and one guinea for counsel's fee. The Court then adjourned.