MAGISTRATE’S COURT.

Hokitika Guardian, 31 October 1924, Page 3

MAGISTRATE’S COURT.

TH.UILSDAY, OCT. 30tli.

(Before W. Meldrum, Esq., S.M.) A ETFR NOON SITTIXO. w.hitkbaiters SQUABBLE. James White (Mr Murdoch) v. Thomas Howard (Mr Joyce), a request that defendant In* called on to show cause why he should not be bound over to keep the peace. (Continued).

Sergt King gave evidence that as the result of a complaint he went across the river and found a stand where Williams had been fishing had been sawn olf and nothing was left. Later saw Williams coming down the creek with timber to rebuild the stand. Saw Howard coining down towards thorn. Howard said that Williams’ stand was too close to him. Howard act-used Williams and White of throwing stones and they denied it. A discussion took place over the stands and witness decided that both remove tlicir stands to a different place. Williams had shifted 'his stand, but Howard bad not shifted bis. Witness was of the opinion that Howard meant mischief and that was why witness came out. Howard acknowledged knocking oIF a couple of hoards from Williams’ stand.

This was the r-sae for the plaintiff. Mr Joyce led evidence 11s follows: Thomas Howard, the defendant, deposed ln* lived at South Spit and was a sawmill hand. He had a whitebait platform. John Bell used it most of the time. On 15th. Oct. was with Bell when he met V lute and W Illinois (J| | the bridge. Horace Williams accused witness of bi‘*aking bis boat and witness denied it. Witness then asked Williams why lie had come to tho house and challenged him to fight and Williams said lie done so. because witness wanted to light his brother. They then went away. Witness explained what had happened at the trench some two mouths ago. Witness had no grievance against )\ bite, who was an inoffensive man.

To Mr .Murdoch :—The two witnesses, White and Williams were committing perjury when they stated he used the words they ascribed to him. Witness did not use a hammer to knock off the hoards from the stand; lie kicked them off witli bis boot. Witness was not excited tlie day Sergt King was present. He hud nothing against White, and did no know that White bad anything against witness. lie thought White had given untrue evidence and that la* had others behind him. To the Bench--lie had never exchanged blows with White or Williams. John Bell gave evidence that he was a hiishman al South Spit. Mont with Howard towards tin* bridge and on it saw White and Williams. The latter said something about his boat being smashed and .suggested Howard had the blame for it. Howard told Williams that if they thought they were the men they thought they were they could have the light- they were looking for. To Mr Murdoch—He did not hear Howard use to these two men, the language complained of by While. Witness was with I Inward the whole ol the time they were on the bridge. 11is Worship said he did not think lie could grant on the evidence what the complainant was asking for. He was quite sati-lied there was no intention lor a fight to take place. Ihe complaint would lie ilismis-ed. COllll- - fee £3 3s was allowed to defendant.