RESIDENT MAGISTRATE'S COURT

Daily Telegraph (Napier), Issue 3042, 26 March 1881, Page 3

RESIDENT MAGISTRATE'S COURT

Saturday, March 26.

(Before H. Eyre Kenny, Esq. R.M.) OBSTRUCTING THE FOOTPATH.

John Close was charged with obstructing the footpath by placing a number of packing cases thereon. Sergeant O'Malley stated that the cases had remained on the footpath for a week,

The only excuse for their being there was that defendant hadn't room for them on his premises.

His Worship said the offence was not a serious one. He would fine defendant 10s and costd. ASSAULT. Edward Mitchell and James Mannick were charged with assaulting Arthur M'Cartney at the races on the 17th instant. Mitchell did not appear, and Mannick pleaded not guilty. Richard Barrows said he had the booth at the races, He saw Mitchell, and heard bim boasting about fighting. When M'Cartney came up Mitchell struck him several times with violence on the face and chest. M'Cartney then defended himself, and knocked Mitchell down. Mannick then came up and assisted Mitchell, striking M'Cartney several times. M'Cartney was struck in the eye and cut. Sergeant O'Malley saw the crowd of people on the raie course, and saw M'Cartney with his face cut, and a bad black eye. The. prisoner Mannick made a statement, and called John Dunn, who said he saw M'Cartney stFike Mannick twice before ever Mannick struck back. A. M'Cartney, who came into Court late, said on the 17th be went up to Mr Barrow's booth on the race-course. Mitchell came up and challenged him to fight. He refused, and said he had no wish to fight. Mitchell then hit bim and called him a coward. Mannick then came up fquaring at him. He could not swear tbat Mannick struck him first. His Worship said Mitchell was a dangerous fellow, and had been warned from the bench before. He would be imprisoned for one month, and pay half the costs. Mannick was fined £2, and half the costs. THREATENING LANGUAGE. Robert Little was charged on tbe information of Constable Livingstone with using threatening behaviour with intent to cause a breach of the peace at Taradale. Mr Lascelles defended the defendant. Constable Livingston said on Saturday last be saw the prisoner about 9 o'clock at night. He was drunk and challenging everybody to fight. He asked him (the constable) to fight. He said he could fight any man in Taradale. Cross-examined by Mr Lascelles: He did not take defendant into custody because he had no one to help him. He saw Mrs Jeffares crying because defendant was challenging ber sons to fight. Several witnesses were called for the defence. Hi 9 Worship said it was evident the defendant was drunk and was guilty of the charge. He would be fined 10* and costs.