RESIDENT MAGISTRATE’S COURT, CLYDE.

Dunstan Times, Issue 564, 7 February 1873, Page 3

RESIDENT MAGISTRATE’S COURT, CLYDE.

—o—(Before W. L. Simpson, Esq.,P,.M.) February 5. Thomas Hudson, of tho Golden Link Hotel, Garrick Range, was charged by \V.

Hall, bailiff of the Resident Magistrate’s Courts of Clyde, Cromwell and Alexandra, with having assaulted him whilst in the execution of his duty as bailiff. Mr Allanby, Solicitor, appeared for the dsisnivxt—he state I that defendant Lad be m unable to'obtain a conveyance, consequently he was absent—-ho pleaded gui'ty, bat desired that evidence might be taken, bring of the opinion that extenuating circumstances nught be elicited. William Hall, sworn, said :—Am bailiff to the Resident Magistrates’ Courts. On Monday, the 27th of January, received a Distress Warrant at the suit of C. Colclmigh against the defendant, at once, in company with an assistant, proceeded to Garrick range and took possession of defendant's property, and took an inventory, whilst so engage 1, was repeatedly annoyed i, by defendant, who used abusive language, cud threatened to kick me out. After completing the inventory, gave my assitant the warrant and instructed him to hold possession and receive all monies taken in the trade. Defendant then assaulted him, and afterwards attacked me, striking mo a blow on tho head. lly Mr. Allanby—Had I not stepped back and somewhat evaded the blow, 1 should have a couple of black eyes. De-fandai-.l’s name is Thomas Hudson, he Ins a ruck name, “ Johnny up a plum tree. ” I deny calling him Johnny, tho assault was not provoked. Previous to tho assault, I Lad said I should sell all bo had. Defendant lias begged of mo to withdraw tho charge. Francis Foots, sworn, said—On Monday January 27,1 was acting as assistant bailin' at the Golden Link Hotel, Garrick Range. I was placed in possession by Mr. Hall. Dofen laat sii I In won! I allow an inventory to !,:p taken, bat not possession. Whilst t iking the inventory, he used insulting and abusive language, and threatened to kick ii ion b prevented mo g fling behind tho bar and struck me or at me several times. Hall said to defendant, I have com3 to sell yon eat and mist dr my duty, he may have spoken hasty, but nothing more so, than niler the cii-cumiVances wai justifiable. Defendant said you b -Bailiff, you sell ran off. lie then rushed from behind the

hir andstrued: Mail twice. After the fracas, dcf.ndant said he would starve us out. Hall did net call defendant by his nick name. Air. Allauby for the defence, said,—The rhiatili having been put into his client,a boas a excited him, and under the excitelimit ha I com .wilted the assault, and asked tint a low penalty be inflicted. Ilia client has apologised and asked that the ease bo withdrawn. The Bench in summing up, said the ojenoe cainmittod was a serious an I grave wo, and one that set the Bench at did! mco. and it the Bench did not visit such offences with rigor, it would loose its power. The 2 ( defendant had soon fit to plead guilty and t > apologise so far shewing repentance, but this in no way mitigated the offence. By the evidence, Hall had done nothing to irritate the defendant, ha had but done his duty; ho bad not resisted the assault offered!, which lie would have been justified doing. The luv must baput iu force in such a form as will do ter defendant from again committing himself, and os a lesson to the general public. Fined 10.’. and costs °f suit to bo paid on or before Monday next, the 10th instant, in default, two months imprisonment with hard labor iu (lydo gaol. Boiinow v. Atkins Claim for 20/., work and labor done by the dry in connection with the grand stand on tha Dunstan 1 ace Course. Mr. F, J. Wilson appeared fordefendant. Defendant pleaded not indebted on the account, ho averring that the defendant undertook to do tho work at a fixed price After the parties had given evidence at freat length and of a very contradictory character, the plaintiff elected to bo nonsuited.