RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume II, Issue 76, 11 July 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

PALMERSTON.

Thursday, sfch July, 1 187$^/(Before Robert Ward, Es^., B.M.lfa'nd J. T. Dalrymple, Escft J.P.)' *- " ' H. McNeil v. W. Smith. • ' Claim, £2. lls. - Judgment for plaintiff with costs., . , , T. Cavanagh y. J. McEwen. Settled out of Court. ' - '' ASSAULT CASE. A. Clousen v. Jorgen Jepson * x - Mr Warburton for plaintiff, and Mr* Maclean, for defendant. ' This was a neighbor's quarrel. The action was brought- by- plaintiff to recover from defendant to the amount of £50, t caused by defendant's wife having struck him (plaintiff) with a large piece of wood, breaking one of his ribs, and putting him to the expense of doctor and nursing, besides loss of, time The items of doctor, and nursing were subsequently withdrawn by plaintiff's solicitor, no proof of any payment under these two heads being forthcoming. " It appeared from plaintiff's evidence that on coming home from- work on the 30#i May, he was told that Mrs Jepson had been using bad language to his wife" ; he also found that a clothes line had been fastened to ,a v portion of his premises. This he cut down and went into the house, whonhe was told that Mrs. Jepson was cutting "down the .fence, which caused him to go to her, when she threatened him with an axe, and ultimately situ. -It him with a stick, breaking a rib, and causing him to fall down unconscious. r This evidence* was corroborated by plaintiff's wife and Mrs Nissen, a neighbor, with the exception that plaintiff, after receiving the .. blow, ran away and fell over a tramway. For the defendant evidence was given that the quarrel m the early part of the day between Mrs Jepson and Mrs Clous -n, was caused by Mrs Clouson throwing Mrs Jepson's boy, of about 5 years old, out of her house, where he had gone to enquire after a lost -hammer* Clouson- on coming Jiome cut down the clothes line, leaving the clothes m the mud. Tlie fence spoken of m plaintiff's evidence as having been cut down by Mrs Jepson, was "broken by hanging the clothes on it from the cut line. The plaintiff on this occurring came over" to Mrs Jepson, and attempted to'cut down the other end of the line, which Mrs Jepson prevented by thrusting at him with a portion of the ""broken fence she hadin her hand, and which made plaintiff retreat, and m so* doing he either laid down or fell over the tramway. Afterwards plaintiff again came towards Mrs '.Jepson with a piece of scantling^ when she and hef sister locked themselves m 'their house ; the door of which the plaintiff, however, burst open with the piece ,of wood he had m his hand. 1^The Magistrate, m giving judfjujgnt said, notwithstanding the very able way m which the counsel for the plaintiff had; conducted t the case, he considered that the weight ,of evidence was m favor of the defendant; that the damage caused to plaintiff was, m a great measure, brought about by -his own action ; and that E there was not sufficient proof that the blqw given by Mrs. Jepson had caused the fracture of Wxe rib, whtfh might haye -> happened when "he fell over the tramway. He would therefore direct judgment to be given for defendant and costs. F. Loudon v. T. Symon's— Adjourned at request of plaintiff's solicitor, Mr Warburton, to August 5. A- Cullam v. W: Deards.— No appearance of defendant. ■„ Mr Maclean, stated that defendant had that morning paid into Court the amount of plaintiff's claim, but he wished to, bring .-to the notice of the Court that this was an adjourned case by request made by defendant to himself, and now he had paid, m the amount claimed "at the ..last moment without notice, whereas if due "notice had been given of such intention certain expenses would have been saved to his client. He would ask the court for counsel's fees. The B. M. considered that notice should have been given. :He would therefore enter judgment for plaintiff for Is. and counsel's fees £1. Is., S. Abrahams v. J. Keen. , % Claim £5 6d — Judgment summons. Judgment by default ; ordered to make immediate payment, or,one. month's imprisonment^ ; costs £1 13s' 6d.