MAGISTRATE’S COURT,

Hokitika Guardian, 19 July 1923, Page 3

MAGISTRATE’S COURT,

THURSDAY, JULY 19th. (Before Win Meldrum, Esq., S.M.) FOUND DRUNK. A new arrival in the district charged with being found drunk in Weld Street pleaded guilty and was convicted and discharged. LICENSING ACT. The police charged an offender with being found unlawfully on licensed premises '(Commercial Howell after hours. Convicted and ordered to pay costs 7s. WITHOUT A LIGHT. Charged with not having a light on bis vehicle, alter sunset. John Cameron pleaded not guilty, explaining the lamp had gone out between the clock tower ami post <tli:e. Order to pay COS LS 7s. THREATEN I N't; LANGUAGE. Waller Hutchison and AitliurC. Ellis ['leaded guilty to using threatening language liable to cause a. breach ol tlie peace. Nergt. Fryer stated there was an argument anil they < -ame to b10w... Fined 5s with costs Is Od each. ALLEGED ASSAULT. Elizabeth Kelly was charged with assaulting Frederick Howard by striking him on the face, on two occasion,-. ami pleaded guilty to one charge. Mr Wells for defendant. Frcderii k Howard, Junr., gave evidence. that he found some cattle on the golf links and proceeded by instructions to impound them. Met defendant and her daughter near the Muhinapua bridge. She struck him in the face, and used abusive language. In the afternoon. some sheep got out, and witnses drove them hack along the road near defendant’s residence. When [Hissing she followed the sheep, striking and sea tiering them. Defendant tried to stop the sheep going in the gate, and when witness came along she struck witness on the imse w ith a -tick. 5\ items had been continually abused. To Mr Wells - lie only crossed Kelly's ground to get the sheep into the golf links, when tin; sheep broke away. He had destroyed a stile on Kelly's grouiu hv instructions Irom the (Pill Club. Mrs Kelly objected. He had never annoyed Mrs Kely. The stile had since been erected by somebody else and was being used by the Gull Club. fie had never threatened defendant with an [ axe. The alfair at the stile occurred two days after tne complain!. Edward Watson gave evidence on July 1 !th.. he was with Howard when lie was driving some cattle. .Mrs Kelly tried to obstruct Howard from driving the cattle. She struck Howard on the face with her list. he did not sc.- any provoeal ion.

To Mr Wells - Had seen on several occasions Howard and Mrs Kelly having a disturbance. On one occasion Howard said if Mrs Kelly did not Knock off he would have to strike her, nut he did not do so. Richard (>. Youiiginan, a. telegraph employee. deposed lie was assisting Howard to drive some shoe;) along the piddle road. Mrs Kelly tried to stop the sheep from going through the panels. using a slick. Dili not see. Mrs Kely strike Howard, but saw hi- Rice bruised and nose bleeding. This was the <a-c for the [mine.

For the defence, Mr Well- called: Elizabeth Kelly, wife ol James Kelly, gage evidence. She denied s! liking Howard when he was putting the sheep through t lie gale. Tim gat*' slammed smartly and struck Howard, when Howard was pulling flown the stile s':e tried to stop him and he said to gel out lit the way or he would hit her with the axe. Howard had been continually calling out to her and abusing her. Tile I e-ts that sir- took belonged to Imr husband. She a* knowledged striking Howard with « stock when he threatened her with the axe. There had been trouble ever since Howard came there. Her husband replaced the stile, and that was used by the golfers now.

T" Sorgi. Error. Her cattle md occasionally get into the gull links. Howard would lint I lighten her with an axe. She had tried to prevent Howard driving sheep into her paddock. Witness did not strike Howard wnen lie was driving the cattle. She only tried to Stop tile rattle being driven away. Ills Worship said it seemed to him t** a t on bath occasions the delond'tut v. as tlie aggressor, and on two cccasinus struck Howard, lie held them was an assault in each ra-e. ’I here a p pea red to he had blood between tile two due Lo the change in the caretakership of tile golf links. On ihe first charge she would he lined 5s and i ll the mound charge 20s. and costs Oils. BOROUGH BY-LAWS.

Lr-lie ,1. Clarke (Mr Bark) charged with riding a bicycle on a bmlpntli in Hampden Street wa.- convicted and lined 5s ..ml eo-ts 1* s (hi. LICENSING ACT. A prohibition order was granted against a resident *i Maori Bah. oil the application of his mother.

DEBT CASES. Jeffries and C".. v. S. J. Godfrey, claim 24 I (is. .ludgmcn; lor phuntilf In- default with costs 225. A DEPENDED CASE. David I liedrieh (Mr AYell-l v. Mrs E. K. Smith (Mr Joyce!, claim 2190. on dishonoured ]>• n. |>lainliir giving evidence said the p.n. on v.!iie 1 1 he wio suing. wa> signed by Mrs Smith on account of a debt due by her husband, in connection with the horse Counter Attack. The cv idem e of Mrs Smith (taken al Greymuutln stated that the p.n. u-K sig’ned lor the bill to be discounted for her. That was the reason for signing the bill. She did not receive :inv consideration for the bill. It "as done ID enable her to raise some money lor her husband. Henry 11. Smith deposed he "as husband of defendant. He saw his "ife sign (he p.n. The condition was that Diedrieh wa, to send up the money in a few days, less discount. The nuitiev never caii’.e. Was then a bankrupt and owed Diedrieh £IU- His wife shortly after arranged for the money required hoiu another soune. When uitness had bought Counter Attaek for £199 f. r his wife, he < Ife red Diedrieh a half share lor £l9O, hut fie did not come in. Diedrieh and witnc" exchanged p.n’s. lor £IOO- - met his. but- witness did not meet his. To .Mr Wells -He put Diedrwu* name in his list of liabilities because he o"ed him the money. The p.n. was m-t signed to pay for the liability e.weil by witness to Diedrieu. To the Bench 8-rw Diedrieh a few day- after the p.n. was signed, and he said he was going to keep it for what witness owed him. He did not think the hill would ovo.r he presented. His Worship held there was not siifiieiout evidence to disprove the contention of defendant of no consideration being given • The plaintiff would be non-suited with costs 29 1-is.