RESIDENT MAGISTRATE’S COURT.

Kumara Times, Issue 1524, 16 August 1881, Page 2

RESIDENT MAGISTRATE’S COURT.

Monday, August io,

[Before H. A. Stratford, Esq., R.M:j

alleged Assault.

The information of Reuben Toms was that on the 11th day rtf August William Barfield Galland, of Humaraj did unlawfully assault the informant by violently pushing lliniself against the said Reuben Toms. Defendant pleaded not guilty, and staled that be had a charge of assault against the informant, set down for hearing on thd 29th inst.

Reuben Toms, sworn, said: Oii Thursday evening last, a little after S o’clock, I was standing on thefootpathiri. Seddon street, near the Town Hall, t was standing with my back to the Town Hall, when I was violently pushed from behind on one side, and nearly thrown down. I threw out my arms suddenly to balance myself, and told defendant if he did that again 1 would knock his ear off. Defendant said ; “ That’s your little game, is it V * Questioned by the accused : I cannot swear that it was you who pushed me, but I shall prove that by witnesses. If my shoulder came up against you, then I did strike you. Id was after 8 o’clock.

By the Bench : It was as it a man voluntarily pushed himself against mei Edward Ryan, sworn, said s I was in Seddon street on Thursday evening last. Informant was standing with his face toward Seddon street. 1 saw defendant come along the footpath and push informant. By the accused ! Informant wag standing three yards from the front of the house.

Joseph Dove, sworn, said : I was at the Council meeting on Thursday evening last. I saw informant and defend-* ant near the Town Hall on that evening ; informant was looking towards Main street. Defendant went violently against Toms, and seemed to smack at him as he half turned round. By the accused: Informant was standing ( in about the middle of the footpath when defendant pushed him, I am not able to say that it was intentionally done. I thought at the time the pushing was accidental. Henry Burger, sworn, said : I remember Thursday evening last. I remember standing in Seddon street in the middle of the road, opposite the Town Hall, about 8 o’clock. Informant was standing facing Main street, his hands in his pockets, and smoking. I saw a man coming down who pushed against informant, making sparks from, his cigar fly about. By the accused : It was about sefren or eight feet from the Town Hall. Mr Mogdridge was near informant. 1

beard Toms say “ If you do that again, i’ll make it warm for you !” William Burfield Galland, sworn, said; About twenty minutes to 8 Vblock last Thursday evening, I wAs ’approaching the Town Hall, and in passing between the Town Hall I saw something coming towards my face. Toms struck me on the neck. I asked him why he did so. If I had known It was him, I should have avoided him* for I had not the slightest intention of going near him. By the Bench t Upon my oath t say I did not jostle or push up against the Informant. I did not wilfully push up 'against anyone on that occasion. His Worship: The evidence of the witnesses goes to prove that the alleged assault was accidental. 1 have no alternative but to dismiss the case. civll cases. G. B. Way v. Accetta.—Claim) £ll 4s 6d.—Adjourned till Tuesday, 22nd inst., at 9 a.ra., to enable both parties to examine accounts; Same v. Nicholaison.—Claim, £l6 2s,—Judgment by Consent for the kraount claimed) with Court costs 19s. Same v. Edwin Henty.—Claim £2B, for goods supplied. This was a judgment summons. Defendant was or* dered to pay £8 per month till all the debt be paid j failing to pay any bne instalment, to be committed to the Hokitika Gaol.