RESIDENT MAGISTERATE'S COURT, GREYMOUTH.

Grey River Argus, Volume III, Issue 168, 9 February 1867, Page 2

RESIDENT MAGISTERATE'S COURT, GREYMOUTH.

Thursday, FEBRiifARy 7- S l^^ (Before W. Hrßevellj E^R;M;|^^^ : . :■ Assault.- — AJ^ck M'Healey was convic^^/' " of an assault against one Geanl,^atitVSf!ti6c(: L 2 and . costs. ; ■ ~ ;; ;/ - ;i : ;'i/ : '- Wife Desertion.— Win :^^n\oliiiimh - mind was charged with haviugHleserted-hia,, .; wife, and refused to uiaiufcaln lieiri- : He: was ordere<l to. pay 15s per weekjijto/bs naiilintb. Couit once a fortnight. :&j%%i": ; CIVIL OASES, M^iy'-vv; , '..:.. Sydiiey Percy v Reyallco^^rQlittu^'rLiS,;; for 10 weeks' wages at 30s jierj.week.- l>e-. feudant denied the liability, anjcfe j««t^in arj agreement by . which platntiffj.viyfis to learn the bnsiuess and to be fed and clothed forhiv ! services. . The Magistrate, pio^jtpoiied hisi '? decision until the following day^ ■■ '■}: /. ; James Low v James Kelloct^V/Glaira Llß^ Jmlgnient for plaintiff. //r ;C ; ,•, : Eleanor Davis v John Coj;p.ersinith. CJauu XI. Judgment fpr plaiiitiflv^jv^. : ; — ' ./; . James Taylor v .CapA Carey,' ;s.s. Kennedy, Claim. L 5. J,u.dginent f pif .;> plSj^iff ,liy r ties fault. "■;••.■■ ' ' = : :-- .^:. ':.' : :\.-;i:'--. „. Fi Miller v D',Murison. Claim ill^:' 2 Judgment for plilintiff by default; //:• : A, G. Wigyiiis v Aiuije Osborne, Clai»> LI 11s 6d. Judgment for plaintiff by defauit;- "■ - ' ■■' : -':://;-/ : ••■'": ;/ %; '.'' ■" The. case of Affleck v Captain Donnelly . schooner Brothers aad Sistersjv: ; Claim Ll4 •'/!''' 1.9s for damaged goods, was dismissed foxsV^ non-appearance of the- parties; :<£ % similar /■ , case, P. F..'Smythe.s^i(l.(Jo. agamst/thesame;: ; ■ defendan t, M r as adjourned until Tuesday.' ' \" . Friday, Fkbruary 8/ : .^ i; : THE TRAMWAY DISPUTE,— CUABiGIii tijf 1 ;/ .- ■ "- ' ".■■■•■-' '-■ ASSAULTv ■'^Vifi.W?- 1 --;? /;" ; /^"' . Johu. Thompson, proprietor of ;the:BallaraA . Hotel, appeared to answer to an in|oimation, charging him with, having, on :'tKe" Ttli Feix^ violently assaulted and threatened/oiie Joliiv^ - "Thompson, a laborer in the employ of [thei.V; • Greymouth ■ and Saltwater Greek Tramway*?';-"-Company, and for which, threats the ; plaintiff^' x ; sought to have the defendant 'bound q^rtO;.; keep the peace. The assault arose out pf a. dispute between the defendant and. ;tho; Tramway Company, with respect to the right of the latter to carry ;. their line; through laud " V in the occupation of the defendant; The de^ V fendant denies the right of the company,; aiiil several driys ago he placeii-ia-iiail^wjross^'ft I ,''.--;?-. line; to prevent the trucks; passing througlv: ' thegrouud in question; The hatf been seiit down by the managfer;of the coni^ ; paiiy with instructions ■ - iv attempting^ to fulfil wi^:d\ity/ heiii^;;v> assaulted by the defendant.; '- ■ ; - ..-.' -;5" * ■:■> Mr Tylef^appeared, f oj/ fe; plaintiffi and: : Mr.O'Loughliivf6r v the 1 defence. ' ' : TheVplaintifT deposed that oh the morning' ■ in question, ! in consequence of instrjictiohs ho/- : ;had/received; frprn^ Mt Moore, the. maiiageir, : ' he proceeded .:io[ the back ot ; Mihe Ballarat V - , Hotel' for the purpose of removuig.aTMlthat had been placed across the lme ;by:the' ? dei, fendant, :Having remoyßd;thJe;f«ic^ so saltoi; 7 : let; ihe contractor's trucks through, the dcV feridant,; came out, and after demanding by v ■ whose authority the fence had been taken ; down, said, thatirio one hadariy^right-to pas* y. through his ground, and he would iotallo'wv any ; one to r do it. Defendant; thejipvittheL ; rail/up again, and witness! took it down to let : the trucks through back againj wheh thfe de-; ; fendaut came up and flourished; a hamineiV -and said he would strike the horse, aflidalstt^ threatened -witness. The contractbrj listd ta tuni back with his trucks, and defendanii again 'fastened np the fence. The passenger" ' carriage then came up, and witness went io : remove the rail,' when; Thompson again inter V"' ■ fered, and threatened ■ .'.to. strikei botii.>liorse», andviyitnesjs. with a;shovel. ; The;hora^|pja// then taken out, and thedefendanfei^Sced the fence, and said that tlie next pe^son^whd; offered to remoye it he would shbot-him. Witness/considered that he was in danger of; / his life through the threats of the defendant. , .< In cross-examination the witness couid hbtV ,\* remember if Thompson had said that plaintiff •■' was trespassing on his" ground and had ha.-;: right there,; nor if. defendant had said hej; would allow no one to" pull down ;'ihe'feno^:o-^i without authority from the .Magistrate/Saliiß^ •: % witness was so evidently unwilling l^^mitiVK anything that Mr O'Loughlin de^ued^toast^-; r him any more questions. '- : 'WiktiMif^-i - : , A witness named /Keown. was- ■■ aflle^Miijf i-'^-;'-'' , stated that, al though he' bad seen the qjiiaimftl-i >/- ; he did not thvik the defendant had said';aiyi|: : ■' V -.'.thing to caiisie /Bodily fesa to the plaintiff.;; jui ; ;? Cross examination he admitted having hew!^^ the, defendant say that the ground was/fanij^H ■'' and, that he had told plaintiff to take 1. /^H .proceedings if they wanted. his ground. Ti^^H V J 'Mr O'Loiighliri. submitted that there wl^^^^H 'no case. The defendant claimed the grour*^^H as his property^ and had a right to preven|^H : any one interfering with,; it without propei^H 'authority, ; S/ ■■'; . :'- : ;'--tfic^:.^^ :: ;t^'-*|S^H . : The' defendant when asked to make a meat, admitted haying pushed the plaintiJ^^B .i used: foreo/t6^preycut the' f cn^Q./bq^^^B

; "^p^^«jyj^-> • . ■ .':•.■. Bulled -down, but not before he had warned mm away, and told him to get authority from the Magistrate if he wanted to come through. After he had put ap the fence the plaintiff had smashed it down with his shovel. : The same evening plaiiitiff came to witness' House and used all- sorts of exasperating language, And challenged witness out to fight The Magiatratealihbugh fully satisfied that An assault Hod been committed, did not 'think it or the threats' used had been such as to wan-ant Him in binding: over tlie defendant *o keep thepeace. He slionld therefore iniflict. a nominal penalty of 10s and costs. t Assac.lt— .Ward v Baird. The parlies in Jtlus case are .carpenters, and lived in adjoining tents. • A dispute arose with respect to tne-removal of some rubbish, and *he defenilant knocked tne plaintiff down with a batten, kicked him, and. threw a bucket of water •over him. The offence was proved, and the defendant was fimidL3, or in "default to go prison for^tfmirteen aays, Not being able to pay the fine he was taken in custody. In-the case of Percy" v. Keaben, Heard the previous day, the Magistrate dismissed the •*ase.;'y\ :;■,;;,;.;;.;.;;:■; •; ,; ■