RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 4255, 16 October 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, October 16. ("Before J. Bathgate, Esq., KM.)

Judgment was given, for plaintiffs by default in the followiag cases :—W. West y. Turiey, elaim L 7 7s 7d, for meat supplied; W. and G. Turnbull v. Thomas Eeenan, LB2 Bs, for goods supplied } Henry Green v. Thomas Robertson, Ll6 Os la; same v. Thomas M'Heavy, L 7 9s 9d. Yates v. Clark.—Claim, L2O, damages for an assault. Mr Lewis appeared for plaintiff, Mr Mouat for defendant.-—John Peter Yates stated that on the 9th ult. he went, according to instructions, to sweep Hie chimney of a shop in George street. While waiting at the door, Harry Clark, also a chimney sweep, came up and said, " Holloa, my gentleman ! Are you after this job T If yon are, you'll have to fight for it." Witness did not want to fight so went inside, and, putting his machine on the floor, looked up the chimney. While inspecting the state of the flue defendant kicked his machine away. Witness said warningly : "Now then, look out j keep quiet, my friend." The words were scarcely out of his mouth before defendant hit him over the head with a stick, causing a wound from which the blood flowed profusely. Had witness not left some of his apparatus outside the door he would have escaped the blow, for he would have been up the chimney.—Cross-examin&l: Both of them entered the room at the same time, but witness ran round the table and got to the chimney first. ■ Witness earned on an average L2 a-week, but in one week ha earned as much as L 6 10s. Witness had not had anything to drink the morning the assault was committed. He was laid up for five weeks by the wound, and had to attend daily at the hospital to get it dressed. —Constable fteushaw deposed that he saw th« p&rbUs to flit aetien on the morning th«

assault was committed. Plaintiff came out of the shop and told witness he wished to give defendant in charge for an assault. Blosd was flowing down plaintiffs' head. Witness went into the house and defendant there told him that plaintiff hit him first.—John Hailes, laborer in the employ of one Crafts, said on the morning of the 9th alt. he opened the shop ] as usual, upon which plaintiff and defendant' rushed in and made for the fireplace. Clarke pushed Yates on one side, the latter returned the push, and Clarke then struck Yates over the head with a stick. THb stick was " tidy thick" -and blood came freely. Cross-examined: Claike place first. Mr Crafts' son-in-law told both the sweeps to come—he had told Clarke .firs** bulthe latter did not come for a fortnight, so Yates" "walTThstrttcted to clean. the chimney. Henry Clarke, defendant, said Crafts told him on August 31 to come and sweep his chimney next morning. .Witness went as soon as hecduld and then found plaintiff waiting at the door. When they went inside plaintiff, being, youngest and .smartest, whipped round the table first and,got at the fireplace, saying he intended haying half of the chimney. Plain-. tiff made a prod at witness with his sticks, < and then threw, them on to witness's bad leg, causing him great pain. Under the influence of this and being hampered with his own apparatus, witness rapped plaintiff over the head with his walking-stiok Cross-ex-amined : Plaintiff had left some of his tools outside; arid had, therefore, evidently come in purposely for a row. Witness certainly was rather ashamed at a man of his dimensions striking a small man like defendant, and he was sorry he had, in the heat of the moment, hit him with his stick. The blow _ to his own bad leg -so bad that his Worship would not have- it for 1,000 guineas—had caused him to do it. —His Worship said two witnesses swore that plaintiff was not the aggressor, but that Clarke had pushed him on one side first. In all the circumstances, however, he thought justice would be satisfied by defendant paying plaintiff Ll 10s per week for five weeks. Judgment for plaintiff for L 7 10s, with costs.

Calcutt v. Darling.—Claim X 7 17s-v-for 1.0. U. L 5 13s, and .five years'interest thereon L2 4s. Mr Brent appeared for plaintiff; Mr Howorth for defendant, who pleaded not indebted, and also a set-off for improvements on plaintiff's property amounting to L 8 ss.— Judgment was given for plaintiff for the amount claimed with costs; defendant's set-off being held to be not due by plaintiff.