RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume II, Issue 117, 22 May 1863, Page 3

RESIDENT MAGISTRATE’S COURT.

May 21, [Before J. Curling, Esq., R.M., and H. S. Tiffen, Esq.. J.P]. Frame v. Sim and Frame v. Davie. These cases were heard in conjunction, the assault with which both the defendants were charged arising out of the same affray. The plaintiff is a sheep farmer, and resides at Mohaka. Eor some time past a permissive right of way has been exercised over a portion of his freehold, leading to the river, upon the banks of which a wharf had been erected, which is now also the property of the plaintiff. In March last the plaintiff gave notice to defendants that he would not allow his paddocks to bo used as a thoroughfare, and on the 29th of April the defendants, together with Mr. M’Donald, went through the paddocks, and, upon their return, plaintiff attempted to stop them, when a skirmish ensued, in which, after plaintiff had been thrown, he swore that defendant attempted to gouge his eye out. Defendant then broke down two gates to allow himself and friends to pass out. Defendant denied that he was on plaintiff’s ground when the row took place, and that he was only pursuing his ordinary road home, and that plaintiff had threatened him by whirling a stick which ho held in his hand in a threatening manner, and that he considered he was only following a public road. Eined £l, and costs £3 15s.