RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 95, 7 September 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

PALMEESTON NORTH. Thursday, Septembeu sth, 1878. (Before JR.. Ward, Esq., R.M., and J. T. Dalrymple, Esq., J.P.) ABUSIVE lAWGUAGE. John Francis was complained against by John Davy that he did, on the 19th August, u.«e abusive and insulting language to Jane Davy, calling her foul andjj disreputable names. Mr Staite appeared for the defence, and at the outset of the case look objection to the difference between the wording of the summons nncl the information. The informant was sworn, but upon the evidence the Magistrates decided that they had no jurisdiction, and dismissed the case, with costs. TTNUEGHSTERED DOGS. Henry Knott was informed against by the Dog Inspector for having and tin registered dog m lits possession. Defendant denied the ownership, said he had striven to beep it away from his premises, and would have destroyed it had he known lie could have dona so legally. Fined os and coats'. James Perrin was informed against for having two unregistered dogs m his possession. Defendant admitted the charge, stating that he was about to have them registered when he received the summons: .if mod as and costs. BUEACU 0? THE HIGHWAYS ACT. Frederick Charles was charged with a breach of the If ig-ltwara Act, m allowing his cattle to wander on the road. Fined 4s and costs. DttUNK AKD DISORDERLY. . Jamos Tobin was charged with being drunk and disorderly m Palmerston on the 4th. Prisoner admitted the offence, and expressed great sorrow. Fined 5s ; m default, twenty-four hours' imprisonment. . IUiEGAEIiY OK PREJtrSISa. Samuel Lindsay Flyger, arrested on warrant, was brought up on the charge of being illegally on tho premises of William Henrj Flyger, on tho 4th instant. Mr Sfcaito appeared for the complainant, and m opening the case briefly explained that his client, and the defendant had had certain iand transactions, to the- settlement of which bo himself had been a party, aiul. consequently, he .was m a position to know that many of the statements made by defendant had no foundation m fact. He culled William Henry Flyger, who deposed : Defendant, who is; my brother, liad certain transactions which were settled through the agency of Mr Staite. A final settlement was made on the first of March, »nd at my request Mr Stake paid him some £L:J more than was his due. After matters had been settled, he asked me to let him stop m the house for some time, which I did, ho leaving for Wellington on the Ist of April, m order to sign some document connected with the transfer of the land, the Crown 'Grant for whioh I now produ.ee. I did not see anything more of him at my house until the 3rd, when I heard t hat he had been acting m un outrageous manner, and threatening to burn the place down. He took a loaded gun to my. wife, threatening to shoot her and the cattle. Through his violence my wife, who is m very delicate health, was compelled to Taave the house three times. That is the reason I have taken tho present step. The defendant owns four head of cuttle, which are at my place by arrangement. Ho has several times attacked me, and yesterday assaulted me m preeeuce of the Constable-. Francis John Mailman said he knew the defendant, who on Wednesday morning went to Mr Flygor's place, and asked him certain questions relative to the cattle. He (defendant) told him that the place was hi*, and that unless Mr Flyger put down tho rent very quick,- he- should hav-e to. clear out. Constable Gillespie deposed to having arrested the accused on warrant on Wednesday. Before doing bo he told him that he had also a summons, and that if he would leave the place, and appear to answer the summons, he would not put the warrant into execution. He refused to do either, and said ho would rather got o gaol than submit to bo treated iis he had been. Defendant stated that it was un attempt to swindle him out of his property,,, and made a somewhat rambling statement about the bona Jidest of certain security, further as.serl ing that his brother had broken faith with him. The Bench said he had acted m a most injudicious manner, wvl if Ue hud a-grie-vance to complain of, should take legal steps fur its redress. He would be bound over to keep the peace for the next six months, himself m £.20, and two surelioi at' £iO each, or go to prison. Deii»n;l:iut s:iid he could get no security, and was then rumored m uustixly, but later m tho duy win released, the. riecssary senrifj' having been produced.

i ASSAULT. Thomas Sexton wua complained against by John Campbell for assaulting him at Feilding by striking him m the. jaw with his clenched fist. Defendant stated that he was drunk at the time of the occurrence, ! had no recolleotion whatever of the offence, and had since tendered an ample apology to the complainant. Plaintiff said that the | last,, assertion was correct, but it had been i made after the service of the summons. He had no desire to press the charge, but was afraid another, assault might be made upon him. Fined os, and £1 11s 6d costs. CIVII, CASES. J. O. Batchelar v. Charles Grimes.— This was a claim for £20 9s 6d for board and refreshment. Mr. Staite appeared for Mr. Batchelar, and Dr. Grimes conducted his own case, occupying a considerable time m his examination of the plaintiff. The defence- was that Mr Batchelar was but a paid servant of Mr Gilbert, or, some other person, and consequently could not sue: in his I own right for the amount j and further, that defendant had a set-off claim against Mr Gilbert. It was proven to the satisfaction of the- Court that Mr Batchelar became the duly licensed proprietor from the 20th of July, and -wiw entitled to 'olaiSi for i articles supplied from that time: Judgment for £18 16s 6d, and costs. ■. ' Edward Brightwell:. v.- H. Downey j — Claim, £5 14s 7d. Plaintiff appeared. sis" assignee to tho estate of Bright well & Co. There was no appearance of defendant; and. judgment was given by default, with costs. Same v. H. Meads.— Claimi £1 13& LNo '•■ appearance ; ex parte judgment. | JPDOMENT SUMMONS. Walton & King .y. Martin Boesen.-^-Claim, £6 9s Id. Defendant said he had not earned £5 these three months, and further, m leply to the Bench; said that he had not spent 5s m drink during the past two months. Order for payment at £2 per month ; m default* one month m Wan~ ganui Gaol.