RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume II, Issue 80, 8 January 1863, Page 3

RESIDENT MAGISTRATE’S COURT.

Monday, Jan. 5, 18G3. George Wilcox was charged with having, on the night of the Ist January, broken into the house of George Washington Day, a cooper who resides at the Spit, and with having assaulted him, whereby his leg was broken. George Washington Day, whose deposition was taken at the Hospital, on oath, said, I am a cooper, and reside upon the Spit in the town of Napier. 1 live in a wooden house, which I rent from Capt. Blair. On Thursday night the Ist January I had gone to bed about an hour after rundown. I was awakened by the door being hurst open, and I saw the prisoner coming in with a tin 'vise in his hand. I got up and I asked him what he meant by coming there at that time of night to annoy me. Then he made a plunge at me with this tin case and I put out my hand to defend myself, and fell against the side of the house. I then went to the middle of the room, mid he ran at me and gave me a shove, and in the fall I broke the bone of my right thigh. I fell right on the floor —not against anything. There was nothing on the floor upon which I could fall. There was a man and a boy just outside of the door at the time when he pushed me, and I heard the man say, as if to the prisoner, ‘ Come on,’ and then the prisoner van away. I attempted to rise three times, but could not and found that my leg was broken. I managed to crawl to the door and shout for assistance. LeQuesne came to my assistance and helped me into bed. My house is between 20 and 30 yards from LeQuesne's. and my voice could be easily heard. After I was in bed LeQuesne said it was between U and 10 o'clock p.m. I have had very little acquaintance with the prisoner; I don’t think I have passed more than two dozen words with him. I think the prisoner must have broken into the house with the intention of doing me some injury, as there was nothing in the house worth stealing. He had been in my house about 2 months ago, when he hit me over the head with a piece of scantling. There had been no misunderstanding or words between us previous to his hitting me that time, but he heard that I had threatened to report him to the Resident Magistrate, and he came and asked my pardon, saying he was drunk at the time and was sorry for it. There is no other cause of misunderstanding that lam aware of. The door w r as fastened with an oak button. The next day some persons came and examined the place, and they found the wooden button was broken. [Part of a button was produced, and the witness identified it as part of the button with which his door was fastened]. By the prisoner.—I am not aware of any reason why you should wish to do me an injury. I could not tell whether you were drunk or sober. Joseph LeQuesne corroborated Day’s statement in every particular, from the account Day gave him when he went to his assistance. The prisoner said he had no recollection of the affair ; that he was drunk at the time and had not the least idea or intention of doing Day any harm. Committed for trial. Tuesday, Jan. G, 1863. Rhodes v. G. 11. Stuart. A claim for rent, A 5 12s. Gd. Settled out of Court. Fougere v. M Mahon. A claim for debt, <£l2 10s. Gd. The bench, finding that the whole of the items of of which the claim consisted, was for grog only, could not allow the claim. Claim dismissed. F, J. Tiffen v. Mitten. This was an information laid by the plaintiff 1 , as sheep inspector for the Northern District against defendant, as person in charge of the Messrs. Fannin’s run at Waikokopu, for refusing to muster the sheep under his charge, when required to do so, contrary to the 2nd and 3rd danse of the Shec ,n Tntrior-i----ors Act, 1857. * 1

Mr. Taylor appeared for defendant. F. J. Tiffen, being sworn, stated: In November last I started up the Coast to inspect the sheep of the Messrs. Fannin at Waikokopu. When at Te Wairoa, one day’s ride this side of their station, I wrote a notice (copy produced) which I forwarded on the 4th December by Mr. Bartlett. I proceeded to Messrs. Fannin’s Station, and arrived there on the sth. When I arrived I asked Mitten if he had received my notice, and he said he had, but that he had done nothing towards mustering the sheep, as he had received instructions from his employers not to muster without their authority. I remained all day to give him time to consider his determination, pointing out to him the danger he ran in not mustering, and as he still persisted, I left. He said he had received my notice at 4 o’clock on the 4th. Cross-examined by Mr. Taylor: I have not my original appointment with me ; I do not consider it necessary to carry it with me. I wrote the notice on December 3rd. Waikokopu is in the district for which I am sheep inspector. The Bench fined defendant £7, and costs, £2 11s. Bd.