RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 2839, 25 March 1872, Page 2

RESIDENT MAGISTRATE'S COURT.

This Day. (Before A. C. Strode, Esq., R.M.) Civil Cases, Marion Ritchie v. Proudfoot and Oliver., —L6O. Mr lip worth f>r the plaintiff; Mr: Haggitt for the defendants. This was a. claim for compensation for alleged taking possession of laud, the property of the plaintiff, for construction of the Port Chalmers Railway Avithout her consent, and without payment. For this she claimed LlO, and an additional sum of LSO for consequent damages. For the defence, Mr Haggitt pleaded not guilty, and that the Court had no jurisdiction! The case was withdrawn. Gaily v. MTighe.— L2O, for damage for a-sault alleged to have been committed upon the plaintiff, a person of weak intellect, by the defendant, on Saturday, 16th of March. The evidence of Jemima. Falconet was that she lived in Forth street. On the evening of Saturday, the 16th, she was going home from Mr Wilkinson’s, in Forth street, when the plaintiff came up to MHighe’s gate, asked his way home, and said to Mn Dunkerly, “Feci my face.” He was taken home by Mr Wilkinson, and ou the Monday morning she saw plaintiff. One of his eyes was very black, and his face was bruised. The night Avas very dark.—Mrs Duukerly gave similar evidence. Jemima Falconet, reca'led, said before she met Gaily she heard a woman iu M ‘Tighe’s house, whom she believed io be his wife, call out, “ That will do—that’s enough; you have given Lira enough.”—Lydia Gaily, Avife of the plaintiff, said her husband went out on Saturday evening. He went out to get shaved, but did not return until half-past ten or a quarter to eleven o’clock. He was taken home by Mr Wilkinson, and was very much bruised about the face, one of his eyes being closed. He complained about soreness about the rib?, but no marks of bruises Avere visible. His walking-stick was broken, and he only had a short piece in his hand.—The plaintiff said that on returning from the I arher’s, it being dark, he missed his way, called to defendant, whom he met, and said he had lost his way, when defendant struck him in the face and kicked him oa the side. It Avas dark, but he had no doubt the defendant Avas the assailant.—The defendant said he lived in Forth street,, and bad done so for four mouths. He never saw the plaintiff to his knowledge in his life. He did not arrive in town from his work oa the Port Chalmers Railway, on which he was employed, until eight o’clock, and left his house to go into the town at about half-past* nine o’clock.— John Burke confirmed the account given of meeting defendant.—His Worship did not consider the evidence sufficient to justify a verdict in favor of the plaintiff.—Mr Harris took a nonsuit.