MAGISTRATE'S COURT.

Hokitika Guardian, 12 October 1922, Page 3

MAGISTRATE'S COURT.

THURSDAY, OCT 12th. (Before IV. Meldrum Esq., g.M.) SUIT FOR POSSESSION. H. A. Thompson (All- Wells) v. E. McCarthy for possession of tenement. After hearing evidence of plaintiff aiud -the bailiff, and of the defendant. an order was made for possession by 23th October with costs £1 lfis 0d against defendant. LICENSING ACT.

Two local residents were charged ’with being oil licensed premises (Occidental Hotel) during prohibited hours, and pleaded not guilty. After hearing evidence of Constable McNaulty, the two defendants, and a hoarder, his Worship accepted the excuse made and the informations were dismissed.

A similar charge against another defendant (Occidental Hotel) was not defended, a conviction being recorded and an 'order to pay costs 7s was made. Two other residents charged with being oil licensed premises (Marquis -of Lorn© Hotel) wire convicted and ordered to pay costs 7s. Another resident similarly charged (Oonimeicia.l Hotel) "as convicted and ordered to pay costs 7s. A Kanieri resident similarly charged (Empire Hotel) did not appear. Convicted and ordered to pay costs 7s. Three young men were charged wn being on licensed premises (Club Hotel) during prohibited hours, and the licensee (Mrs Devaney), was charged with selling liquor during prohibited hours, and M. Devaney with supplying liquor. Air Sellers appeared for defendants and pleaded guilty, explaining tho circumstances in extenuation.

Convictions were recorded against the three young men. One was fined £2 and costs 7s, and two were ordered to pay costs 7s each. Airs Devaney was fined ,£2 and costs £-, and her daughter £1 and costs 75.. H. E. Adamson was charged with a bre-- 1 ' -of his prohibition order on two occasibns, and did not appear.—Adjourned to Ross Court Ini- 28th Oct. to give defendant a chance to appear. A resident for whom -Mr Wells appeared wak charged with being on licensed premises (Royal .Mail Hotel, Woodstock), while prohibited. and pleaded not guilty. Evidence was given by Constable Houston for.- the policn .and by defendant and two witnesses. His Worship said in view oi the evidence he did not consider the charge proved and lie would dismiss tho case. CYCLING OFFENCES. A. Muir and O. Marshall, were charged with riding a- bicycle at night, without a light. Both were fined os and costs 7s. I). Orcnncy was charged with riding a bicycle on a footpath in Stafford St. Fined os and costs 7s. WANDERING C'ATTI K. Iri Pihawai was charged with allowing a cow t'a wander on the railway line between Arahura and Awatuna, and fined -5s and costs 7s. ALLEGED ASSAULT.

Tuhurii Tainui (Mr Joyce) was charged with having assault-til Isabella McSaverny. and pleaded not guilty, fyergt King prosecuted and stated that the trouble arose out ‘tof whitebait li-h----ing on tho Arahura river. Isaolla McSaverny deposed she resided at Arahura. B.v' arrangement with George Tainui she fislui.l for whitebait below the bridge. AI torwards she fished above the biftlgi for three weeks, without objection by the .Maoris. Last Sunday morning was on the river about i() o’clock, when

Tulmrii Tamili came along and told her tbe Maoris were going to step Cither people fishing on the river. W itlu.ss said she wished to continue for the day at anv rate. He told her that the Board of Control was >m the railway byidge. She went to them. There were three Taimiis present, and they sa id there was to be no more fishing by Europeans. Then Tuliuru (time along and threatened lu‘r and told her she had best go home or be might hit her. She said she was not frightened of being bit. Then Tuliuru said lie meant business that morning, and struck her on tin' right breast with bis fist and thtu struck her across tbe fate. With that witness stepped back. Tbe blow on the breast had mused a bruise the size of a saucer. She did not abuse, nr provoke him infio striking her. Site bail said she was prepared to leave the rivii,•. Tuliuru said he was'the heal of the Maori Board ol Control. Witness did not strike back. Her brother said don’t strike her. She went ('own then to get her nets. To Mr Joyce.—She did not attempt li strike Tainui; she did not throw any stones‘or try to bit Tainui with a hoe. Hi. younger brother did net intiriVre. I’aiimi thumped Tier e. Mil the breast and then smacked her fact. Afterwards when she was on the beach to get her nets Tuliuru Tainui caught timid of bar net and threw it into tbe. river and also a hoc. Her brother Percy said lie wanted the hoe. Slio did not have stones in her hand. All she bad was a book.

Albert Muir dojioscd lie resided with bis parents at Arahura. The previous witness was bis sister. Was on the river at Arahura last Sunday. Went on tbe bridge with bis sister. Ibe three Taimiis were there and then IuLtirn s:ii(l „liut up or I'll Lit you. Witness knew I e could do this so be went away. To Mr Joyce.— ll is sisli r did not call Tainui any names. Did not see any stone* thrown. Saw Tuliuru throw the net into the river. This was the ease lor the police. Mr Joyce led ei i.Tence as follows:--Tuliuru Tilth ui deposed be result d at Arahura and v.as Chairman of tbe Board of Control at Arahura. At a meeting it was decided to warn oil Europeans otf tbe river. On Sunda\ morning went down to the river and told Mrs MeSnverncy, of the decision. and she said all right. She asked wbjo was on the bridge and she said

she would go up to them. On the bridge she was very excited, dancing about in front <>l bis brother George. She said she would net slop fishing and witmus said she must. She came t'o him and witness told her to be quiet. Witness did no strike her. She seemed to be more angry with bis brother George. Sin. then want down to the bench mid witutus followed. She then went to strike him with tbe boo and be caught bold ol her band and pulled it from her and threw it in the river. So Sergt King.-He pushed -»L\s McSaverny away from him with both bands, lie was afraid of her. When she wunt to Lit him with tbe hoe lie grabbed it. lie then ran auay. When be told Mrs McSaverny to go she said she would go. He bad nothing to do with the trouble on the bridge. She came lip to him with a stone in both bands 'oil tbe river bed. She was frothing at the mouth with excitement. She threw sonos when on the bridge. Tbe Court adioiirne.! at 1.5 p.m. till 2 |(.111. afternoon sitting.

George Tainui deposed be was n brother of defendant. Saw .Mrs MrSavargn.v come on the bridge. Heard bis buoiher tell her to stop fishing. She came up to witness and said ho wa.s the cause of the trouble nnd then

throw stone;; at witness. Heard his brother tell her to stop fishing. Stic said she would fish that day and his I iether said no. She went down to tho beach and his brother pulled tho net but of the river. Then Percy Muir came along and called out to her to hit Tuliiiru with tho lice. Then Ids brother caught hold -of tliei hoc a.nd threw it in a hole; Percy Muir said the. land they wore on belonged to him. ft was witnaigs that Mrs Alo-

Savergnv was attacking, not his I Pother. She was throwing stones at both of them.

To Seiv-l. King. .Mrs AlcSavergny challenged witness to light on the bridge. Saw her throw stone, s the bridge and on the beach. Did not scolds brother punch or strike her. James Tainui deposed lie resided at Arahura. Saw Airs AlcSavergny come m ibe bridge, and go towards George and shew light, saying lie was the cause of the trouble. She threw a slam- at George lud he ducked and it missed. Tuliuru was on the bridge but did not take any part in the discussion. Afterwards she went clown to th- river and Tuliuru told her to gel off Hie river. She took up the hoe and tried to hit him with it and he look the hoe from her and threw it in the river. Did not see anyone strike Mrs AlcSavergny.

His Worship said the evidence was very conflicting in this case. The question was which side to believe. There was some trouble over fishing rights on this stream. It was over this that tho troubl- begins. Airs AlcSavergny appears to have taken a reasonable attitude and said she would

stop fishing cm the Alonday. Then slv’ went e.n the bridge and of the 1-aonen-ings there fliers' were conflicting ac- ! counts. He was not satisfied with the way that the defendant had given hU evidence and he had a record ol bavin-! previously struck a woman. He would convict accused of assault and fine him C2 and costs. He would o’-'e-- that the film be- mi'll to Airs Al •‘Si vei-gny. (Left sitting.) !