RESIDENT MAGISTRATE'S COURT, FOX TON.

Manawatu Herald, Volume II, Issue 69, 23 April 1880, Page 2

RESIDENT MAGISTRATE'S COURT, FOX TON.

Wednesday, Apuil '21, 1880. (Before E. Ward, Esq., K.M.) WOUNDING. John R. Evans was charged by Chas. Howe with having wounded him by striking him on the arm and shoulder, and kicking him in the pit oi' the stomach on the 11th April. His "Worship said li 9 had soon in the local paper a report of an assault case in which the same parties appeared. He would ask the Clerk of the Court whether the present case was founded on the same facts. The Clerk replied that he believed the present case was founded on the same facts. His Worship requested the Clerk to produce the information and minute in the previous case. This was done. In reply to his Worship, The Clerk of the Court stated that on the previous occasion, when the case was hfeard by Messrs Thynue and Stewart, J.P.s, the offence Evans was charged with was an indictable one, the case was dismissed on its merits, the depositions were fully gone into, and all the evidence offered by prosecutor was received. His Worship asked Mr Howe why he had brought the present case. Mr Howe replied it was simply because of the reprimand — ' His Worship said lie did not want to hear of that. He wished to know whether Mr Howe had obtained any new evidence which he could not bring at tbc former trial '? Mr Howe replied he would now bring forward the Doctor's evidence. His Worship asked whether there was any other evidence he could bring that was new ? Mr Howe replied in the affirmative. His Worship asked if it was evidence that could not be brought up before. Mr Howe replied it could not. Prosecutor was then told to stand down. His Worship said the information charged John 11. Evans with unlawfully wounding Chas. Howe. Prom the evidence of the Clerk and the records of the Court he found a case had already been tried before two Justices, dealing Avith the same matter as was the foundation of the present case. The information first of all appeared to have been laid as an indictable offence, and evidence was offered by the prosecutor and his servant to support the charge as an indictable offence. The Justices who heard the case had concluded it was a case with which they could deal summarily, and he (Mr Ward) had no reason to suppose they had not the power. From the statement of the Clerk, he learned the case was dismissed on its merits. No certificate of dismissal had been issued by the Justices, but Evans could obtain at any time a certificate that his case was dismissed on its merits, and this would be an effectual bar against further proceedings. Had the former case as an indictable one been dismissed, he could have hoard it on the present occasion ; but having been treated by the Justices as a charge to be dealt with summarily, and having been dismissed on its merits, be Ctould W 4r

not allow it to be reopened under mi- ; other name. It would not be becoming in to enquire whether the dec! . >en by the Justices was rig x \ ig. If the case had : been C. *;■' >an indictable offence, ho Vartl) could have proceeded upo.i a fresh information ; but he found the Justices regarded it as one to be dealt with summarily, and in which they could exercise their I jurisdiction. He was therefore bound to accept the same view. If Mr Howe was not satisfied with the previous decision, his only remedy was to .apply to the Justices who had previously heard the case for a rehearing. There was no other appeal, for under " The Appeals from Justices Act, 18(57," no appeal could be made except by a, person upon whom a penalty had been inflicted. * Although lie could not hear the present case, he was glad it had been brought up, and his decision in this instance was to bo regarded as a precedent of what his course of action would in future be in that Court in similar cases. ASSAULT AND OBSCENE LANGUAGE. Win. Jenkins was charged as follows : _« That he did on the 9th day of April unlawfully assault and beat Charles George Hewson, by striking him on his face with his clenched fist." Defendant admitted striking complainant, but not with his clenched fist. There was a counter charge, in which Charles George Hewson, of Otaki, was charged as follows : — " That he did use abusive and obscene language towards William Jenkins, on the 9th hist, by calling him a b — rogue, ab — dog, and a blasted sneak, and saying " you b — you will go to h— ." ' It was determined to try the two cases together, the parties consenting to this course. The case of assault was taken first. Charles George Hew^on, a medical practitioner and Justice of the Peace residing at Otaki, deposed — I know Win Jenkins ; I saw him on the 9th of April at Otaki ; I had an altercation with him there : in the course of the altercation he struck me ; he said provoking things to me, and I to him ; he struck me on tbo face with his clenched fist ; my language had offended him, and his language had offended me ; I repeated his own words ; he said, " You're no man ; I'm a man ;" there was an altercation ; he had a lot of things against me, and instead of coming candidly and asking me, he bottled it ,np in an unneighbourly way and at last it exploded ; certain observations were made to and fro, and these had offended him, and he said if a certain party had not been present, he would have sent me to Kingdom Come ; that was the inference from his words ; lam quite sure he struck me ; he squared up at me ; I cannot say whether or not I used the language referred to ; I cannot swear I did not call him a b — y rogue ; I might have called him a b — y dog ; I might have called him a b— y sneak ; I might have used the words attributed to me. Jenkins said he would not crossexamine Dr. Hewson ; he admitted having struck him with his open hand, but would bo ashamed to strike him with his clenched list. By the Court — Jenkins used violent language to me ; he challenged me to come on, and gave the blow as the initiative ; he said something about my character,aud I said, " Your character wont bear sifting." Ngahura, a native residing at Otaki, deposed — I saw Dr Hewson and Mr Jenkins opposite Mr Jenkins' house, on thu road ; I saw them fighting ; I saw Mr Jenkins strike ; the doctor did not ; they were angry, and the blow was struck with the list ; I heard Jenkins use the word "b — y;" Iliad not been drinking, and was not drunk on that day. By Jenkins — My friend who was with me asked mo to go to your house ; I did nob go to ask you for five shillings to get more drink. This concluded the evidence in support of the case against Jenkins. The charge against Dr. Hewson was then gone into. Dr Hewson pleaded guilty "in a modified degree." This was taken as a plea of not guilty. Wm. Jenkins, settler at Otaki, deposed — I have lived in New Zealand since 1836 ; Dr. Hewson is my nearest neighbour, and I am sorry to say he is not a very good one ; on the ninth of April Dr. Hewson came to my house, and we had some words; I was inside my fence, and Dr. Hewson was on the road ; he was coming inside, and I told him ho had better not ; he bega-u to swear violently, and call me names ; I took no notice of him and walked away; he called out to me, " Come out here, you — sneak"; I said, "Look here, Dr. 1 Hewson, if I do come out, and you call me any more of those ugly names, I'll give you a slap across the chops"; lie continued calling me a — sneak, a — dog, and other names, so I went out and struck him a backhanded blow across the face. Thos. Udy, a boy 16 years of age, deposed to having seen the quarrel, and heard Dr. Hewson call Jenkins the names alleged. Percy Dodds gave corroborative evidence, but affirmed distinctly that Dr. Hewson did not use the sanguinary adjective, the one employed by him being " damned." The Bench expressed its regret

that these eases had been brought before the Court. The parties were old men, leading residents of Otaki, and it would be a matter of regret to record a conviction against them. They would dismiss both cases, each party to pay his own costs. CIVIL CASES W. J. <fc F. Loud on v, Hemaxa — Claim £l 4s 6d Judgment by cmsent for amount and costs, 13s-. G. Pug.sleyv.Kiore— Claim £4 135. No appearance of plaintiff J. U. Evans v. C. Howe — Claim £4 6s. Adjourned to next Court day. P. O'Brien v. J. A. PerreauClaim £7 10s, for work done at the Paiaka Mill Case adjourned to next Court day, owing to the nonattendance of a witness. In a cross action, in which the parties interested were two fishermen named Savell and Duncan, his Worship nonsuited the plaintiff in each case with costs. The cause of dispute was regarding the ownership of certain articles of fishing gear. C. G. Hewson v. J. Pledger— Claim, £3 Bs, for medical attendance. A telegram was read from defendant, stating his inability to be present, owing to a bad leg, and applying fer an adjournment to Otaki. Plaintiff objected to this, and after the case was heard, judgment was given for the amount claimed and . costs. Same v. M. Coliff— Claim £3 3s. Summons not served.