RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3627, 26 February 1883, Page 2

RESIDENT MAGISTRATE'S COURT.

This Day

(Before Captain Preece, R.M., and J. Booth, Esq., R.M.) BREACH of borough bye-laws, John Higgins Avas charged with having 1 , on the 18 th. instant, allowed a horse to Avander on Marine Parade. There Avas no a_>pearance of the defenL dant. Constable Lauronson haA-ing given cvi- -, deuce, the Bench inflicted a fine of 2s and • costs, the amount to be recovered by dis- > tress. ASSAULT. j Alfred James was charged, on "remand, i with having assaulted James Tuck, al^astings, on tho 23rd January last. ( Mr Lascelles appeared for the plaintiff, and Mr Lee for the defendant. [ Mr Lascelles reminded the Court that I this case had been adjourned for the production of a Aiitness named McPherson, who, hoAvever, could not be found, having J left the district. In his absence another Avitness Avould be examined who saw the p -whole transaction, complained. o"fJames Wyatt, butcher, residing at , Hastings, remembered the 23rd January last. On that day he saAv the defendant ' "ride at" Mr Tuck on the street. Mr Tuck put up his arm to saA-e himself. Ho L " then Avent toAVards the hotel, and the r defendant made at him again. Witness did i not hear plaintiff calling out. By Mr Lee: My shop where I was is > about tAVO chains distant from Avhere Mr T Tuck Avas standing. I saw plaintiff go up , to a policeman avlio was standing on the ! street. * This closed the case for the prosecution. > Henry Mitchell, laborer, Havelock, said i- he was in company with Mr James at r Hastings on the 23rd January. In consequence of a slight mistake that James had - made when in Tuck's hotel some unpleai santness arose, and after James had mounted his horse outside Tuck came up to t him Avith his hand raised and threatened r him, calling him an offensive name. Upon this James rode close up alongside Tuck j and asked him A\-hat _ meant by calling j him names. t By Mr Lascelles : I Avas close beside the L plaintiff and defendant during the whole transaction. Constable Leitch said he was at Hastings . on the 23rd January. Plaintiff came out of t the hotel in an excited state, arid ordered him to take the defendant into custody, •■' ' which- he refused to do, not Inning seen , any offence committed. While James was i on his horse subsequently Tuck threAv up his hand in front of the horse and it bolted. When James rode back towards the plan. 1 tiff the horse came very close to the latter, and James said "I beg your pardon." ' Tuck said, holding his finger up to witness, " If it Avas not for that lame finger I Avould pull the scoundrel off the horse." 1 By Mr Lascelles: I reported the matter to Inspector Scully, and gave the circumstances of the case, stating that James had ' "ridden at the plaintiff." The latter ; jumped out of the way when tire horse came 1 toAvards him. The Court considered the offence proved, [ and fined the defendant £2 and, costs 15s, ' with expenses 18s, and solicitor's ieie £1. Is ; . or in default of payment fourteen days' inir; prisonment Avith hard labor. ; INSULTING LANGUAGE. John Madden avo-s charged, on the information of George Benjamin, of Taradale, Avith having, on the 14th instant, used abusive and threatening language towards the informant in a public place. The accused ])lcadcd guilty, and was fined £1 and costs 7s, Avith solicitor's fee £1 Is, or in default seven days'- imprisonment Avith hard labor. Mr Lee appeared for the complainant. ASSAULT AND BATTERY. John Christy Avas charged, on the information of William Neeruan, with haA-ing on tho 20th of February unlaAvfully assaulted and beaten the defendant. Mr Lascelles appeared for the prosecution, and the defendant Avas represented by Mr Lee. William Nccian said he Avas a carpenter and joiner, and arrived at Napier on Saturday week. He Avent to the Spit, Avith a man named Purcell. They got to Christy's Hotel bctii'een 10 and 11 o'clock at night. Mr Christy was in .the,bar..in.his..shirt sleeves when Avitness went in.. Witness said "good evening " to Mr Christy, when the latter, Avithout a word, lifted his hand and struck ; Avitness, knocking him down. He was so stunned he co rid not see where Purcell was at the time. Mr Christy afterivards followed witness outside and struck and kicked him again, causing the mark*j now'to be seen on his face. The defendant afterwards, while Avitness Avas on the ground, committed an offence, the details of which were described, but arc unfit for publication.- The next day ho complained to the police. By Mr Lee: It was past 12' o'clock when he picked the cab-driver, Reilly, up in Hastings-street. They drove first to the Shamrock. Thought he had dinner at Mr BarroAvs' that day. He ivas in the Victoria Hotel that day, Ai-hen he called for drinks, and tendered £1 for them. He had some words Avith. Reilly there, and told the latter he would not pay 4s an hour.. They did not figbt-jrtitside, neither Avas Avitness to his knoAA'ledge knocked doAvn on the shingle outside the hotel. He did not Hck Reilly. He had not been in Christy's hotel since Mr Christy took charge until the 20th instant, and never to his knowledge saAv Christy ber fore. Reilly threatened him also on the night of the assault, and said he woidd givo him more than Christy if ho did not pay hini some money he alleged was due to him They had no drink before the assault. Witness did not think he had had any trouble with Mr Smith at the Victoria Hotel about not paying for drinks. He had not refused to pay for five drinks at Christy's hotel. When Mr Christy attempted to put him out he did not struggle with him. During the day he had fifteen or sixt«tfu glasses of beer at various. hotels, but _ spirits to his knoivledge. He could not recollect saying to a man who asked lum after the assault had taken place w_k happened his face that he had been haA_g a roll over. Martin Purcell, of Wellington, said he come up to Napier on some business. While stopping at Barroivs' hotel he made the acquaintance of the last witness, and went Avith him on the night of the 20th instant to Christy's hotel. Neeman Avent into tlj-p hotel before Avitness, Avho turned back |\ call the driver in. When he returned he sywr Christy " shoAving Neeman sonic science," and striking him. He also struck Neeman on the mouth, and then run him"oiit of the hotel and gave him a couple of kicks. Witness folloAved to the door.iud saw Christy stri. Neeman on the eye, the force of the blow knocking him down. Neenlan sang out for some one to save him, aud witness got be-

twcen them and raised the man up, telling him to run aAi'ay. He tried to do so, but Christy knocked him doAvn again. Christy also did this a third time. The man was moaning very hard, and someone suggested that a bucket of Avater should be thrown J over him. A further offence then took T place, after Ai'hich witness cleared off, not filing himself safe. Ou passing the hotel door soon afterwards Avitness heard some one say " He has had enough hoaa* ,* let him go with that." SaAv the man the next day, Avhen he was in a frightful state, By Mr Lee: Witness thought he had his dinner at Mr Barrows' hotel that day, but Avas not sure. It was about 6 o'clock in the evening AA'hen they drove to the Shamrock. On the Avay home they called at the Victoria Hotel, Ai'here tho cabman asked Neeman 15s for his passage money. Neeman said he Avould not pay so much. They had drinks there. Reilly threatened to punch Neeman, and struck him lightly in the face Avith his open hand. Reilly and Neeman went outside while Avitness was talking inside to Mr Smith, the landlord. Thero were three or four people at Christy's when they arrived there. Jacob Balle, master of the schooner Frank Guy, said he was passing Mr Christy's hotel about 10.30 on the evening of the 20th instant. Coming down the road he heard a noise, and saw a man running along the road. Christy ivas the man who Avas running after the other one, and Avitness saAv him strike the man and knock him down tAvice. Witness reported the occurrence to Constable Harvey Avhen he reached the Spit. Sergeant BurtcnshaAV, A.C., said that shortly after 6 o'clock on the morning of the 21st instant the plaintiff came to his house "smothered with blood," Avith several bad cuts about his face. Tho man informed him how it happened, and he advised an information to be laid. Mr Lee said he had plenty of ei'idence to show that the whole statement of the plaintiff and his Avitness was a fabrication puro aud simple. They were both in a fog as to what actually did occur, and really knew nothing of what took place during the evening in question. John Christy, the defendant, being sworn, made the folloAA'ing statement: —On last Tuesday night a cab drove up to my door about 10.15 o'clock. The drii'er and two passengers came insido tho passage, the bar ~T" being shut up, and Neeman ordered some drinks. The drinks were supplied, and I asked for tho money. Neeman kept bringing dirty bits of paper out of his pockets. This was kept up for about five minutes, AA'hen I again asked him to pay. He either said ho could not or Avould not pay, and also refused to leave the house. I then came out at the side door and caught him by the shoulder to push him out; he resisted, and Ai'e had a struggle, and tho man fell clown upon his face on the road. Neeman then bawled out, and I went to pick him up, wlien he fell again, and I went into the house and left him. He came back half-an hour afterwards with Purcell I think Avith him, and. paid me for the drinks. He also paid the cabman his fare at the same time. MrWaddell then came in and asked Avhat Avas.tho matter Avith his face, and Neeman told"him either that he had tumbled or had been rolling about. By the Court: I nei-er committed tho obscene offence complained of by the plaintiff. I had girth-web slippers on mc that evening. Constable Harvey came up ten minutes later. Neither the plaintiff, Purcell, nor the cab-driver had drinks the second time they came back. Ido not know whether Purcell was with the plaintiff when he came back the second time. There ivere several people standing in the passage. I won't sivear that anyone came back with Neeman at all. When I left Neeman on the road Messrs Reilly, Morrison, and Seymour Averc standing at the doorway, and Mr Waddell just came up about that time. I know Mr Alexander Kennedy, who lives next door to me. Mr Kennedy called on me the following morning, and I gaA'e him an account of the proceedings of the night before. The account I gave to Mr Kennedy might not have been so full as that I have uoav given. I did not tell Mr Kennedy that I had 511----i treated or beaten a man the night before, / but did not know what possessed me to do so, nor did I use words to that effect. I asked _r Kennedy to do his best to g-et the case settled out of Court for me. I said to Mr Kennedy that I had heard Mr Lascelles had taken the case up for the man, and as I had never been in a Court in my life I would rather keep out of it. I could not swear whether it Avas the day after the alleged assault or the day folloAving'ihat thatl spoke to Mr Kennedy. A number of witnesses Avere examined for the defence, after wliich the Court delivered judgment, inflicting a fine of £7 on the defendant, with all costs and exj>cnscs of witnesses, and plaintiff's solicitor's fee. The police were ordered by tho Bench to take proceedings for perjury against Christy, and two of his Avitnesses, Reilly and Seymour. ______