RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume IV, Issue 95, 14 November 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, November 13th, 1877. (Before E. Shaw, Esq., R.M.) COMMON assault. Thomas King appeared on remand charged with assaulting ono Maud Mac* namara, at Reefton, on the 22nd October. Mr Staite appeared for the defenoe. Tho prosecutrix was called in the usual way, but did not appear. Sergeant Neville stated that- regarding tho case as a quasi police prosecution the offence having been committed while tho defendant was uuder recognisance for good behaviour, he had issued. a subrmna for her attendance. He would therefore ask for a warrant for her apprehension. Mr Staite strongly opposed the application. He was prepared with proof had the case gone on. to show that the offence had nofc beeu committed as alleged. He would be prepared to show that beforo the date of tbe alleged offence defendant had made bi3 arrangements to leave tho district, and had drawn his money for that purpose. His Worship said if the facts were as represented so much the better for the defendant ; he could not be prejudiced by a short adjournment. The sworn information of prosecutrix was before the Court, and in the face of that the warrant must go. Adjourned accordingly. The prosecutrix subsequently appeared, when the case proceeded. Maud Macnamara— l am the niformaut in this ease. I know tho defendant Thomas. King, and recolloct the 22nd of last month. tan* King on the evening of that day. He camo to my house iv the morning, It had been arranged that ho was to give mc £o, but he camo without it. He struck mc and knocked me down. He hit me with his fist under llie left temple. I had to poulticti the wound to keep it down. When he came to me on the Friday eveniim he was in* furiated and used the vilest language towards me, and told me a palpable lie. He accused me of allowing a person into my house which was false as the person alluded to war* on the Ajax hill. I was lying on the' sofa, aud I told him that if the person in question had come lo tho house I would let him in. He was sit** ting on the table at tho time, and turned round and spat upon me. He then caught hold of me aud finally struck me as stated. Dr Martin was called and proved that on Thursday 25ih October, prosecu'rix called upou him for professional aid. She was suffering from contusion of the eye. The contusions wnre two or three days old, and might have been caused by a fist. Tbere must have beeu more than one blow and violent, The injury was uot serious.Thomas King— l swear positively lhat I was not iv Reefton on the day of the •tlleged offence, and did not assault and beat Maud Macnamara. A fortnight I before that I bad made up my mind to leave the district. On Tuesday, 23rd October, I saw prosecutrix. I went into her place. Sho was intoxicated. I told her I wanted lo leave her in friendship. i She did not get into a temper, bub said I could do as I d • well liked. Od the' following day, she came to my hut and j said if I did not give her £o that day. she would have mo iv gaol by night time I left by ooach that ruoruiug. I was not j in Reefton at all ou Monday, 22ud October. 1 Ry the Court— -Prosecutrix had a black ! eye when she camo to my hut. Ib was Tuesday that the accideas happened iv the Energetic mine.. [ David Stewart— l am manager of the i Energetic Company. On tho 25: h Oci tobejv I pad King the wages due to him.. Had no idea of his leaving until the moment he oame for his cheque. Uames Anderson— l am a miner living 'at Black's Poiut. Have heard Macnamara threaten King, I was in King's hut when Macnamara oa'ma with a girl named Rumble, and threatened King. Had a conversation with King, when he said he was going away, and he told me to look aftor his child. Thomas King, recalled— l have made no offers to compromise this case. Andrew King — I recollect Monday, 22ud October. I entered King's hut about II o'olock on Tuesday morning, and found bim asleep in his bod. Do not know anything about prosecutrix threatening King. She bas after boen at his but wanting money. His Worship said there appeared to bo some misllakc in the mind of the prosecutrix as to the exact day or date of tho assault, but she had fixed the dato by stating that the offence was committed on the day of tho accident in tho Energetic mine. That, tho offence wan committed there was no doubt, iv tho mind of tho bench a most gros3 assault had been committed, aud were it not that defeudaut had already

been exposed to considerable disgrace and I imprisonment a heavy punishment would ; bo awarded. Fined £10 and costs, half the amount of fine to go to prosecutrix, in default of payment, three month's imprisonment with hard labour. The defendant thon paid the fino, and left tha Court. OODFBET V. CAKMJnA3. This was an action to recover £12 10s for a private guarantee alleged to bave ! been given by tbe defendant in respect to a road contraot. The case had been beard at a former sitting, and was adjourned iv order to give the County Council an opportunity of providing for the claim. His Worship said it did not appear that any such agreement had been made, and judgment would accordingly bo for plaintiff for the amount claimed. eTAITE V. HUNT. This was an action to recorer the sum of £9 lGs for professional advice in 1876. Defendant had paid £3 in Court, and disputed the balance. Plaintiff proved tho claim and judgment was given for tho amount claimed with j costs. I The Court then adjourned. ;