Kawhia Police Court.

Kawhia Settler and Raglan Advertiser, Volume IV, Issue 387, 29 January 1909, Page 2

Kawhia Police Court.

Wednesday, January 27. Before T. D’Arcy Hamilton and G. S. Jonathan, Js.P. A BROKEN JAW. Bert Clench was charged by the police with assaulting John Higging at Te Rau a-moa, on November 15, by striking him with bis fist. The defendant pleaded not guilty. J. Higgins depostd that he lived at Te Rau-a-moa ; remembered meeting Clench on a Sunday in November. They had a fight. He g;t a fractured jaw, and he had to go to tbe hospital for over a week. He bad been away on horseback on thet day, arid oamo hack to Te Rau a-moa. He was at Randall’s when defendant came, but he did not know whether or not he went of his own free will. The jaw was now perfectly sound. He was idle a week after he left tbe hospital—a fortnight altogether. Cross examined by Clench : It was a man-to-man fight, and ho had the misfortune to have his jaw broken. It was a fair fight, and no undue advantage was taken. James Henry Randall, of Te Rauamoa, said that be knew Higgins, who came to his house on the day in ques tion. Clench came to the house aed inquired for Higgins. They both went away together. He next saw them when they were fighting near the stable, and went down to see fair play. Higgins complained of a tooth being loose, and witness examined him, and thought it was a broken jaw. Cross-examined by the Bench : No one else saw tbe fight but himself.

Albert Clench said that be went to the house to see Higgins. They had an argument, which came to blows. He went to soe Higgins to discuss a question with him. To the Bench : He went to have a talk with Higgins, not a fight, and that arose out of the argument. To the Police : The fight took place after dinner. He did not think a fight was an assault, and that, if it were on private property, it was no offence.

The Bench : No doubt the defendant followed Higgins up with the idea of having a fight, aud it was a fair fight. They decided to fine Clench la and costa, £3 17s, in default seven days. A MILL CASE. Marokopa Milling Co. (Mr P. Bell, secretary) v. E. McGrath. £5 IBs 85, goods sold and delivered. Defendant put in a counter claim tot £lO 10s for three weeks and three days in waiting for a decided answer as to taking over the mill on contract. E. McGrath said be spoke to Farmer, secretary of the company, about taking the mill on contract, and was advised to wait three weeks. After then be told Farmer that he would have to get work elsewhere, aud was advised to wait a little longer, promising to wire from Te Kuiti, but the wire did not come. He then took other work, and shortly afterwards a wire came through from Haweira to the clerk (Mr Marcus) to tell witness that be could not have the mill, owing to the slump in fibre.

To the Bench : Farmer did not give him to understand that be would be paid for the three weeks, and, if he hid got the contract, he would not have expected to be paid for that time.

Defendant disputed some of the items, alleging that Mr Mareus, tbe late secretary, had given them to his wife ; but, as all tbe items appeared on the books, tbe Bench allowed that they had been sold, consequently a verdict for the full amount was given, with £3 Ils costs.

DISPUTED STORE ACCOUNT. Mrs Willison v. A. Booth, £l5 Oa 3d, goods sold and delivered. Mr Willison conducted the case for his wife Defendant did not admit the liability, and gave evidence on his own behalf. The Bench stated that it would be better for Mrs Willison to be present, consequently the case was adjourned to March 3. DEBTS Mrs Perham v. E. J. Andrews, £22. —The case was adjourned, being beyond tbe jurisdiction of the Bench. Theresa Perham v. A. Ormsby, £8 12s 9d, board and lodging.—Order for amount, with 5s costs.

Same v. W. Wallace, £5 10s 6d.— Order for amount, with 16s costs. Mrs Willison v. D. Gray, £6 4s 9d, goods sold and delivered.—Judgment for amount, with £2 10s costs.