RESIDENT MAGISTRATE'S COURT, FOXTON.

Manawatu Herald, Volume II, Issue 67, 16 April 1880, Page 2

RESIDENT MAGISTRATE'S COURT, FOXTON.

Wednesday, April 14, 1880. (Before E. S. Thynne, Esq, and J. T. Stewart, Esq., J.P.'s.) ASSAULT AND BATTERY. John Robert Evans was charged with assaulting Charles Howe on Sunday, 11th inst. Prisoner pleaded not guilty. Charles Howe, proprietor of the Foxton Family Hotel, deposed, — On Sunday morning, the 11th inst, between 10 and 11 o'clock, the accused followed me into the yard of the hotel, and asked me to give him an immediate settlement, as he wished to leave, which I would have done, had not Mrs Howe told me it would be illegal ; I refused to pay him till the following Monday morning ; about three weeks before he had destroyed property in the house, which Mrs Howe remarked he would have to settle for ; on this being mentioned, he became very abusive ; at this time accused had got into the bar ; I told him to leave the bar, as we could have no row then ; he was still using very bad language ; I then laid hold of his right shoulder, and he then kicked me on the knee, I then forced him out into the passage, and as I was coming out of the bar door, he rushed at me and kicked me in the pit of the stomach ; I tried to close

with him to put him off the premises ; accused was still kicking and striking me as hard as he could ; ultimately, Mrs Howe got between us, and prevented me from putting him out ; as soon as he found that, he rushed into the kitchen, and brought out a table knife (produced) ; he nourished it about, and threatened to cut my heart out ; I had to retire from the knife, and I asked the girl to call for assistance ; I then found a broomstick, and as soon as accused saw I was armed, he threw away the knife, and desired to meet me on level terms; when the girl opened the door she saw a native riding past, and she hailed him, and he went for the constable, who came, and I gave accused in charge. By the Court — Accused was in my employ ; had not been dismissed by me ; had been in my employ about 3 weeks, and had no settlement of accounts while he was there ; he was receiving 10s per week ; he said he 1 was going away, unless he got regular wages ; accused was in ill health part of the time he was engaged at my house ; I do not know whether it was before or after he had been bad that I engaged him permanently , he did not serve in the bar ; I asked him to leave the bar before I tried to put him out ; he had been living at the hotel some time before I took him on regularly. I put hands on him first. By accused — When you asked for your wages I should have settled had it not been for Mrs Howe ; I gave you 6d to get a drink ; I did not tell you that was all that was coming to you ; I told you to come on Monday morning, and I would settle. Kate Murphy, employed at the hotel, said — On the morning in question, I was in the bar, when I heard Evans kicking up a row ; he was doing something ; I told hija to leave it, and I would do it ; with that, he used some very bad language to me and Mrs Howe ; Mr Howe came up the passage, and I saw Evans kick him ; Mr Howe then caught hold of him by the shoulder, and told him to go out ; accused would not, and asked for a glass of rum ; I said " No. " Mr Howe offered him Gd to go and get one, and then he began punching Mr Howe ; I wont into the bar parlor, and as I was coming back I met Evans coming down the passage with a knife ; he said to Mr Howe "I'll finish you ;" I went to the bar parlor door, and sent a Maori on horseback, and asked him to go for a constable ; he did so, and the constable came. By the Court — I was in the bar parlor; I heard Evans ask Mr Howe for a settlement, which he refused, and said he would settle on Monday morning ; I then saw Evans kick Howe, but I saw Howe put his hand on accused's shoulder first ; Evans was not very drunk at the time, although he was drunk the night before ; he was not served with drink at our hotel. On Saturday morning, Evans told me he thought he would leave ; I told Mrs Howe ; I heard nothing more about his leaving till the following morning. This was the case for the prosecution. The Bench, without calling on ac- ' cused for his defence, dismissed the case, saying that, even on the evidence of the prosecutor, it was nothing else than a public house brawl, and they considered the prosecutor as much to blame as the accused. Case dismissed, prosecutor to pay costs. DRUNK AND DISORDERLY. The same prisoner was then charged with having been drunk and disorderly at Foxton on 11th April. Prisoner pleaded guilty. The constable stated he had been in the lock-up since Sunday, and he was dismissed with a caution, the Bench informing him that he tboronghly deserved his detention in custody.