RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3420, 6 February 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, February 6. (Before A. C. Strode, Esq., R.M.) CIVIL CASES. Foster v. Gain.—Claim, L 5 16s 6d for board and lodging. Judgment by default for the amount claimed with costs. Oliver and Alves v. Muir.—Claim, L3O for breach of contract. Mr Stout for plaintiff • Mr Howoith for defendant. This case was before the Court on Tuesday, when Oliver was examined.—Mr Howorth now said that the agreement only provided a penalty for 30s per day, and as they were only ten days detained, plaintiffs could not claim more than Lls. Plaintiffs had claimed the 30s per day for each team Judgment was given for LI 5, together with costs. M'Brearty v. Snow.—Claim. LSO, damages sustained through loss of time for medical attendance, &c., occasioned through an assault alleged to have been committed on or . the 23rd December. Mr Stout for plaintiff • Mr M‘Kay for defendant, who pleaded justification. —Mr Stout briefly stated the case, saying that, if he was properly instructed, the assault was of such a brutal character that the full amount claimed should be awarded. James M'Brearty, medical practitioner, residing at West Taieri, said that he was assaulted by defendant at about eight o clock on the night of the 23rd December last. He went to the lock-up in consequence of something he was told, and left there, accompanied by Constable Strean, to return home On the way up, when opposite the house of Snow, the latter ran towards witness, and without saying a word struck him with his fist in the face. Witness then called out “Dick,” and he then followed up his first blow by striking him again. This second-blaw knocked witness down, and he became senseless, and could not state how often he was struck after that. The next thing he remembered was being lifted up by the constable. He was very much bruised about the right eye and chest, besides having his nose fractured. The next morning he began spitting blood, and sent in to Dunedin for Dr Reiraer. He had been prevented attending to his duties for a week. By Mr MTCeay: He and defendant were close neighbors. On the morning of the day on which the assault was commitoed, he had some words with Mrs Know relative to a calf being tied to his fence. He denied using some strong terms to her. He said that if she did not take that d cow away, he would shoot it. —Mr Stout objected to the line of examination pursued. - Witness continued : At the time of the alleged assault Constable Strean was some distance behind him. Witness never put himself in a pugilistic attitude and danced round defendant. Me took his glass like Mr M‘Keay, but was not a teetotaller —Mr M'Keay (jocularly) .- Why like myself ? lam not drunk frequently. Did you ever know me to be drunk ?—I mean that I am like you, inasmuch as I am not a teetotdler, —Constable Strean went for Mr M'Brearty on the night of 23rd December last to go to the lock-up and see a patient. On the way bock he walked behind witness. He lost sight of him for two or three minutes when he turned a corner. When he caught up to him, he asked plaintiff who was lying on the ground, “ what was up’” Defendant was standing next to him, and there were some persons whom he could not recognise sitting nearja house about twenty or twenty-five yards off. In reply to Ins question, the doctor asked him to take defendant into custody, but he explained that he could not do so as he had not seen the assault. He helped to get plaintiff home, —Richard Snow, the defendant, said that on being told of the language used by claintiff te his wife, be looked for him, and on meeting him on the road accosted him about it. Plaintiff and he then had a few words after, which defendant danced round him, throwing up his arms and getting into a fighting attitude. When defendant accosted him he put up his hands and shaped, whereupon witness struck him and knocked him down. was repeated with a like result.—ByMr Stout : He had been put in the Lunatic Asvlum through excessive drinking. R. Campbell, brother-in-law of the gave corroborative evidence, adding that it was not till after the pbdntiff “ shaped” that defendant struck him.-John Kerr gave similar evidence. Plaintiff was drunk. When u c * is quarrelsome.—Charles Webb, carrier, said he heard plaintiff making use of very bad language to Mrs Snow.— His Worship said that by the evidence of Dr Reimer it was proved that a very ferocious assault had been committed by the de? feudality on the plaintiff It had been said Fad been given—that plaintpornitig of the same day called defennaiafr’s wife-very opprobrious epithetsand he must say that this had be< n proved most distinctly by Webb, the last witness, who heard the wordsused. Had it not been for this, he thought it right to say that he would have come down very severely on defendant. Under the circumstances, judgment would be given for LS, together with costs.