RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume IV, Issue 196, 14 October 1864, Page 1 (Supplement)

RESIDENT MAGISTRATE’S COURT.

OCTOBEB 11. Assault. Harding v. Connolly. John Harding, on oath, said, —On Friday evening last I was passing down the Shakespeare Hoad ; I was near the Homan Catholic Chapel I passed two soldiers, one on either side of the road. Just as I passed them one of them called out “ Stand.” I made no ans wer whatever, but passed on. Finding the man was following me and continuing to shout “ Stand,” I commenced to run to get out of his way. I heard him swearing and saying, “ If you don’t stand I’ll make it the worse for you.” Just by Mr. Pritchard’s house he came up with me; he put his finger down the back of

my neck, and laid hold of my neck tie and shirt collar, and swore and said, “ Why did you not stand when I called you ?” I said, “ What do you want with me? I want nothing to do with you, and why do you interfere with me ?” Upon this he twisted my neck tie tight round my neck and threw me down amongst some blocks of stone by the side of the road. As soon as I recovered my feet I shouted for help. He then threw me down again. I then called out “Murder,” upon which Mr. Kennedy and some others came to my help. He twisted my shirt and tie so tightly that all the buttons were torn off the front of my shirt. My hips are still sore from the bruises I received amongst the stones where he threw me down. I said nothing at all to the defendant when I passed him on the road. I did not speak.—Alexander Kennedy, being sworn, corroborated the evidence of the complainant, and further stated that another soldier came up and threatened the defendant with his belt if he did not let the complainant get up; and Connolly appeared to be very drunk. —The defendant in defence, said, —I met the complainant going down Shakespeare Hoad. I said “ Good night” to him, and ho said “Is this an hour of the night for soldiers to be out; a man can’t do his business.” I followed him and asked him what the soldiers had ever done to him. Ho said he had heard a very bad acconnt of them on that road. I said, “ Did you ever hear* anything about me.” He said he had not. I then asked him why he had spoken about it. He argued till we got down near Mr. Kennedy’s place. When we came to this place he turned round and struck me, saying “ Now I don’t care for you.” I then seized him and threw him down upon the ground, where I held him until some civilians came up. I do not know how I got away from them. I never struck him or kicked him or anything of the kind ; I merely held him down. The defendant was ordered to pay £3 6s, together with 14s, the complainant’s costs ; or, in default, to be imprisoned for five weeks with hard labour. He preferred the latter alternative.

Grindell v. Harding. This case arose from expenses incurred in the foregoing case and which the defendant considered he was righteously justified in ignoring. The Resident however, thought otherwise, and ordained him to pay the amount claimed with costs —viz., 14s claim and 7s costs. The defendant refused to pay, and a warrant of distress was subsequently issued. The money was then paid.