FOXTON.

Manawatu Times, Volume III, Issue 47, 23 March 1878, Page 2

FOXTON.

(Before E. Ward, Esq., S.M.j and Messrs. J. T. Stuaffc and if. BootWyvEsci, 1.5.P.) ■■■-•'. .-. -.•'-.■ ; DRUirKENJiKss. . ' ■■;*■".■■ ■ ;-, : ': ; ; Three cases of drunkenness were brought before the Court and the delinquents were .nhed. ;;:V - : ■: ■■ •""' ■ './ '":-". -.. :-::; ;; " " : . - .". ■■'■■ . ■'■:■;■■ v AsSAUIiT. -.■' Banks ; t. Tansi^y. _ IMr Maclean appeared for the plaintiff; and Dp. Buller for the defendant. A plea of not guilty was entered. : The plaintiff, on being sworn, said 'He was m the Manawatu Hotel on the 13th inst;, at night just before shutting up Wine. Two other men were with him. They went m for a bottle of griig tp take home with' them. He had no words or quarrel with the defendant previous to the assault. ~j After he had been standing m the passage a minute or. so, the defendant came out, and struck him a blow between the two eyes, and ran away through another door. Defendant had; said nothing about it being time to shut the lioas^e. He knew of no reason why defendant should haves struck him. Dr-Buller cross-exam-ined the plaintiff. He said he often went into the Manawatu Hotel for drink.. On this' occasion the defendant Jhad sneaked out from a door and assaulted Kirn. He had been m the house earlier m .the day, and saw defendant's wife. He did not remember the day of the week or month. He gambled and drank, as every one m Foxton well knew. He might have had two drinks that day. The Manawatn Hotel generally closed at ten o'clock. He (plaintiff) was always more or less lirely. Did not remember seeing the defendant. Two men named Tandy and Camerpri were with him this time, He 'did not know who asked for the grog. He was always a little on. Might have been a more so than visual that night. Before the defendant struck him was talking to himself. Did not remember what lie was talking about; Did not remember if they got the grog. : Nev er struck the defendant, pe-. fondant did not s sfcrike him severely. : By Mr Maclean : One eye was^ black, not both. Did' not to his knowledge remember having said anything to the defendant's wife. He was accustomed to spsnd a great deal of money at Tansley's Hotel. An gus Cameron, on being called, said he was with Banks on the evening of the assault. It was about quarter to ten at night. He was neither drunk or sober. Banks had beenjawing with. Mr Tan3ley for sonic mtnubes. Did not know what the nature of the talk was. Mr Tansley struck Banks, he suppose becausehe provoked him. He cojild not say if it was. a. severe blow. Ifc ; left a mark, and that was all. He believed that he wanted the bottle of grog. He got it and paid for it. Pross-examined by Dr. Buller : Banks and he yr&nt to Tansley's together. Did not know what the language used was. Tansley did not try to turn Brinks out. Others were present m the house; as well as his party. -. i, V .„ This closed the case for the plaintiff. Dr. Buller, m opening the case for the defendant, said they admitted the blow struck, but pleaded justification.. Mr. Tansley m bis business had a great- many rou»h customers to deal withj and must do his "best to keep order. Banks had been to the hotel earlier m the afternoon, and used bad language to defendant's wife>and defendant having heard of it was naturally m no very good humor. Banks^^who to his one showing, was generally Jtiv^elj and had been totting a great deal that day, canie into the hptel,lind: ; insisted oa haying a bottle of

<*rog; and when refused, is a3 he had had enough, struck at the defendant, and hit him on the chest. With the permission of the Count he would now put the defendant m the witness box. Samuel Taiwley said : The plaintiff genemil; comes to my house when drunk. Ho used formerly to'come when sober. On the14th instant he came to the house at about a quarter to ten at night the worse fop drink, with two or three others. He. began to .use most disgusting language. He click not seem to be addressing, anyone i» particular. When he came m, Mrs Tansley. . told me had been m during the afternoon^; and used very bad language to her. At the: time of the alleged assault Banks was standing m. the passage. I went through my room, and round to the passage with rayhands m my pocket. When I was about a yard from Banks he turned round and called me a disgusting name, and put himself into a fighting attitude. I asked him" to go away. He tlua struck at me, and just touched my coat. I guarded the Wow. off, and slapped his face. I again asked him to go out, and he did so, and I closed the door. Banks offered to withdraw the information it I gafeliim £50, which I declined to do. Cross-examined by Mr Maclean : Banks himself asked for the £50 to withdraw the> information. I .have not laid any information against him for th'edisgusting lunguage he U3ed to my wife. I did not send for the constable on the night of the supposed assault, neither, did I ask him for any explanation for the language he used to my wife, as. I considered he was, too drunk to give one. - . r To the Bench : I did not serve the plaintiff with any drinks that night .neither dii^M anyone do so to me knowledge. I orily*^ struck Banks m self-defence. Sandy and Cameron were going down the passage, but cannot say if they saw me strike Banks. H; Dand3on said, he wa.s present ;when Ban'cs offered to take £50 tp. settle tlio cas» put of court. / / .;.■ . " Cross-examined by Mr MacleimWl said ;;i'--, thought they 'ought to settle it out of court. When Batiks told Tansley he wapted! £50^ Tansloy said he .! thought it was rathet much, and deolined' to settle'it.' "' -"■•'■■'■ The Bench said that landlords ought to> be supported m trying to keep order ; it was not always convenient to ■; send for ; a constable, neither was it always «td.vJßable to do so. They did n6t;tlnnk the blow had been strnct by. the. defendant for.aiiy thing that had been said to Mrs Tansley m the afternoon, but - simply m self^ efence, and they should dismiss the oase ..■ with oosts^ ■ } BREACH OP THE HIOHWATfiI ACT. .There were' four . cases for breach of the Highways Act v for allowing cattle and horses to wander at large on the pubiip road, and fines were inflicted m eaoh case. ;;'.;■. j civil ?c?asbs; ■••'"■;■■"-■:■■'■';■' . Ransfield y. Naera te Angiangi.—^Claimi £16. Mr Maclean appeared for the plaintiff, arid Mr Cash for the defendants Plaintiff was nonsuited, with costs, 375, ond witnesses' expenses, £i 4s. . .j ■':-•. , : Bansfield v. Iharawia , Hapiniana.^Glaim, |eie. i Same counsel;; PlaintifP nonsuited, x with costs, 133, and solicitor's fee, 21?. J ; . Henare Eoera v. Henia te Ao-^Claim, £33. Plaintiff nonsuited, with costs." ■/■!■, ;.-.. -John McGearty V., S. KenhedylT-Claiin, "^3. Adjournei. until next courtjday: : ; ; ' Bansgeld vVßevan— Claim, £27 -15s. Mr Maclean for plaintiff, and Mr, Cash fop detenjdant. This case took* np a great portion^of the time of the Court on;abcpunt.of the number of witnesses which were heard pro and con. After a careful hearing, the Bench said they would give judgment next court day. ' -" 1 Eansfield v^ jSTareai;— lhtlii3 case th^ede.fendarit was balled on to prove the claim he had for impounding' 2l9 sheep belonging to the plaintiff. -Dr. Biiller for defendant^ and Mr Maclean for Ransfield. The case, amounted to a nonsuit, with costs, £5 63, \ arid solicitnrs'fees, £2 2s, plairitiff promising; the tresspass should riot occur again. This case lasted from 10 p.m. oi the 3 a-irirof the 2lst.