RESIDENT MAGISTRATE'S COURT

Daily Telegraph (Napier), Issue 3070, 29 April 1881, Page 3

RESIDENT MAGISTRATE'S COURT

Friday, April 29,

(Before Captain Preece, R.M.)

OBTAINING MONEY UNDERFALSE PRETENCES,

Harry Gordon was charged with obtaining the sum of £1 7s 6d under false pretences. It appeared that the prisoner owed an account of about £3 to Mr T. A. Hayes, of Hastings, to whom he gave a valueless cheque for more than the amount, and received the balance. The prisoner pleaded guilty, and was sentenced to three months' imprisonment with bard labor. ASSAULT. Thomas Martin Powell was charged with assaulting one Richard George, on the 26th instant in the public street. Mr Lascelles, who appeared for the complainant, said that this assault had been committed in the public street, and if his client had not wisely declined to resent the attack, a very serious breach of the peace might have occurred. His client Was suffering now from the effects of the treatment be had received. Richard George, sworn, said he was in charge of the diorama of the American war. Defendant had served him at a ■alary of \\£s per week. He and two others were walking up TennysonBtreet on t.he night of Tuesday last. Defendant ran after them, and when he got up, said, "When are you going to give me my account." He (witness) said " As soon as it is ready; you know all about the books." He and his companions crossed the road, and defendant followed them. They tried to get away from him. Defendant jumped at him, caught bim by the throat, and Baid, I'll strangle you ; I'll be hung for you." He (defendant) held witness against the fence by the throat. He bad suffered from his throat and ear since the atsault. Mr Batchelder came and interfered, and defendant let him go.

In answer to defendant, Witness said " You did not hit me, but held me by the throat."

Arthur Sampson confirmed the evidence of last witness.

R. G. Batchelder, sworn, said he was present when the fracas took place. He and last witness were going along together, and defendant -followed them. Some words about their account passed. Saw defendant take hold of complainant's collar. Defendant also made at Mottram, who was present. Mottram went, and did the quickest time on record. Defendant then caught George by the collar, and jammed him against the fence. He could not see if he had him by the collar or the throat.

MrLascelles said that was the case for the prosecution. Defendant said he was going behind George. He went up quietly and asked about his account. He had been put off from time, to time, and had suffered considerable' inconvenience; George would not give him any satisfaction. He., did not strike George. He held him by the collar against the fence, and asked him for the account. He was annoyed, but did not strike George. ...,., His Worship fined defendant £2 and costs, and counsel's fee of £1 Is, or in default one month's imprisonment. The same defendant was also charged with an assault on H. B. Mottram.

Mr Lascelles appeared for complainant. H. B. Mottram; sworn, stated that he witnessed the assault just disposed of. He ran away, and went to bed about twelve. Some time after he was in bed he heard the door open, and saw defendant come into his room. Defendant came and sat on the bed, and began to talk about his account. He afterwards took him (witness) by the throat, and said, " I'll choke you ; I'll be hung for you." Witness screamed for help. Defendant then went away. He (witness) got np; 'and fastened the door: Defendant said that would not stop him; he would smash the door if he wanted in. His (witness') throat had been sore ever since.

R. G. Batchelder said soon after he went to bed, he awoke and heard some words passing between plaintiff and defendant. '■"■' He heard plaintiff callout for help... ;He then heard some one walk down the passage. He lieard no more. Defendant .said he went into plaintiff's bed roora, and asked him to square up his account," He did not throttle him. He had no intention of doing so. He put his hand upon the bed, and plaintiff called out for help. There was another bed ip3jtbe room, and a man in it, who heard nothing of ' the' assault complained df. 1 , Hfe-.'Went into the bedroom, as it was customary for the company to do.

His Worship fined defendant 5s and costf, and counsel's fee of £1 Is, or seven days' imprisonment.

( The fines were at once paid then adjourned.