RESIDENT MAGISTRATE'S COURT. AHAURA.

Grey River Argus, Volume XII, Issue 1432, 4 March 1873, Page 3

RESIDENT MAGISTRATE'S COURT. AH AURA.

Friday, February 28. (Before C. Whitefoord, Esq., R.M., and F. Guinness, Esq., J.P.) Alexander M'Donald was summoned for assaulting Charlotte Coates at Half-Ounce on 25th February. The complainant, a young woman residing with her parents at Half-Ounce, went on the day named to the shop of the defendant, a butcher, and the alleged assault consisted in the defendant striking her on the shoulder with his hand, making use of language at the same time which she considered offensive and insulting. The defence was a denial of the assault, and an attempt to prove that the affair occurred in jest. The defendant said when the girl came to his shop he introduced her to "The O'Donoghue," a friend of his, who happened to be in the shop at the .time. He " backed up" the introduction by placing his hand gently and familiarly on Miss Coates's shoulder, and remarking that "she was the finest girl in Half -Ounce," an opinion which he still adhered to. Witnesses were called to describe the distressing state of mind the young lady was in immediately after the "assault" was committed ; but, for the defendant, it was shown that she resented the insult offered her promptly and effectively, for she picked up a stone and threatened to smash the defendant's head if he ever dared to address her again, and at the same time gave him a " bit of her mind " in the most uncomplimentary terms. The Bench considered an assault in law was committed, but it was not of an aggravated nature. There appeared to be an illfeeling existing between the parties. Young ladies generally objected to receive caresses and compliments when paid in such a demonstrative manner, and their Worships would advise the defendant (a K landed man) to discontinue bestowing n single women for the future. Fined 20s, with the costs of Court and witness's expenses. civil, cases. Kennedy and Hunter v. Clinton. — A claim of L 25 14s lOd for butchers' meat at Kelson Creek. The defendant admitted the debt ana asked for time. The plaintiffs applied for immediate execution. No order was made. Judgment for the amount claimed with costs. Mitchell v. Condy. — An action to recover LlB 3s Ghi on a promissory note. The defendant admitted his signature to the IOU, but applied for an adjournment, so that he could produce his brother

who, he believed, had settled the claim with the plaintiff. There was also a contra account, although it was not put in as a set-off. After an argument as to the legal standing of the plaintiff, who | became a bankrupt since the cause of action arose, and was not yet out of the jurisdiction of the Court. Judgment was given for the amount claimed with costs. Mr Staite for the plaintiff. Surgeon v. Swanson.— A claim of L 6 on an IO U. The defendant disputed his liability to the present plaintiff The facts of the case were rather curious. The defendant, about a year ago, gave a person named Burnett an I O U for Ls loa, which he owed him. Burnett was indebted to Surgeon on a guarantee given by the latter to a storekeeper at Half-Ounce for goods supplied to Burnett and others, the amount of which security Surgeon had since to pay. Surgeon afterwards met Burnett at Reefton, and pressing for his money, Burnett offered to make an arrangement whereby the debt SwanBen owed him would be transferred from himself to Surgeon. Swanson agreed to this, and ga\e a fresh I O U to Surgeon, who thereupon forgave Burnett the debt. The original I O U did not turn up in the meantime, and the defendant now alleged that Burnett had transferred it to another person on nearly the same terras as Surgeon took the second one from Swanson. The defendant further alleged that he paid Burnett 30s on account, of the original debt. At this stage of the proceedings a person in the Court addressed the Bench, and stated that he held the original 1017, which he said he took from Burnett in satisfaction tor a debt, thinking that Swanson was a better "mark" than Burnett. He also said he intended to sue Swanson on the document. The Bench ended the complication by giving a verdict for Surgeon for the amount claimed with costs. The IOU would be impounded in Court, and if Swanson was sued on the original one, the present proceedings would be a bar to the action. Meantime Swanson had his remedy against Burnett. Judgment with costs were given for the plaintiffs in the following cases : —Shearstone v. Penglaize for L 6. Same v. Smith and Watkins, L 5 Bs. Foldi v. Lewis, for L 6 14s 6d. C. Clarson v. W. J. Bourke, for L 25 3s4d Same v. Jame3 Dwan, for Ll4. Same v. P. Dunne, for L 4 15s 9d. Same v. W. Burke, for L 5 7s 9d. Same v. John O'Connel, for Ll9 10s. Clarson v. Corcoran was enlarged. The Court was adjourned to 7th March.