RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3121, 29 June 1881, Page 3

RESIDENT MAGISTRATE'S COURT.

WEDNESDAY, JUNE 29

(Before H. Eyre Kenny, Esq., R.M.) CHIMNEY ON TIRE. G-eorge Hobbs was oharged with negligently suffering his chimney to bo on fire. Fined 5s and costs. NUISANCE. Robert Hatch was charged with neglecting to eleart a yard in his occupation whereby a nuisance was caused, and pleaded hot guilty. The Inspector of Nuisances said, on visiting the premises occupied by Hatch, he found an accumulation of bones, offal, and other matter. The smell was dreadful. There was a considerable accumulation, and from the smell it must have been there some time. The premises were in Dickens-street, and complaints had been made by the neighbors. The accused said he had only been in the place two months. The stuff was lying there when he took the premises. He thought he would remove it, and it was doing so which caused the smell. The Inspector said lie bad previously spoken to Mrs Hatch, and told her that the yard must be kept clean. He could bring a lot of evidence as to the stench. His Worship said he should come provided with all necessary evidence. He would adjourn the case to enable evidence to be brought. Mr Hatch then said he would plead guilty. His Worship said he would suggest to the Inspector that when he found a nuisance he should give the person upon whose premises it existed a notice in writing to abate the nuisance. If that was done, and the person was brought tip, he would consider the case an aggravated one, and impose the full penalty. The accused in this case would be fined 40s and costs. ASSAULT. Kenneth Stewart and William Donaldson were charged with assaulting R. Barrows, of the Caledonian Hotel. Mr Lascelles appeared for the complainant, and Mr White for the accused. Dr. Spencer said Mr , Barrows called on him last Thursday. There was a good deal of swelling and bruising about bis nose and and cheeks. Ho was suffering at the time, and a bleeding from the interior of the nose had continued since. A blow from the fist would cause the bruises. The blows must have been forcible to cause the bruise. Complainant had been under his charge for six days past. Richard Barrows said on Wednesday last be had been in the country, and came home about five in the evening, and found prisoner in the bar. Stewart was inside the bar, and Donaldson in front. The barmaid said she had been knocked about by the two men, and had not been able to do any business. She said the men had taken charge of the bar for two hours. He got hold of Stewart by the arm, and said " get out of this." Stewart turned round and gave witness a violent blow on the nose. Donaldson then came round into the passage from. Hastingsstreet, and struck witness and knocked him down. He was struck again by both prisoners. By Mr White: He waa laid up from the effects of the blow. It was Stewart who struck him first. J. Leonard deposed he went with Barrows to the Caledonian Hotel at about five o'clock in the afternoon. The girl in the bar complained to Mr Barrows about two men. Stewart was inside the bar. Barrows took Stewart by the shoulder, and told him to clear out of the bar. Stewart turned and struck Barrows. They went into the passage. Shortly afterwards he heard a struggle, and when he went into the passage both prisoners were fighting with Barrows. Barrows was on the ground, and Donaldson was on the ground. Barrows' face was covered with blood, and his face was discolored. Barrows used no more violence than was necessary to put Stewart out. W. Ryder deposed he had seen prisoners in the bar before Mr Barrows came home. They were annoying the girl in the bar, and using bad language. Witness confirmed the previous evidence as to what occurred after Barrows returned. Hannah Lee and Elizabeth Rowe corroborated the previous evidence. For the defence Mr White called Joseph Doherty, who deposed he knew the prisoners. He saw them on Wednesday last at the Caledonian Hotel. He saw Barrows come in, and the girl told him that Stewart had been insulting her. Barrows got Stewart by the neck and put him out. He saw no blows struck by either party. He next saw Barrows and Donaldson in the passage struggling on the floor. He always went inside the bar. Another case arising out of the same circumstance, in which Stewart was charged with assaulting Catherine Lee, was then heard, and after counsels had addressed the Court His Worship fined each prisoner £5 and costs, or one month's imprisonment with hard labor on the first charge, and on the second charge against Stewart he was fined £5 and costs or fourteen days imprisonment. William Stock was charged with assaulting John Cropp, and, pleading guilty, was fined £1 and costs or seven days imprisonment. The Court then adjourned.