RESIDENT MAGISTRATES COURT.

Manawatu Times, Volume III, Issue 40, 10 May 1879, Page 2

RESIDENT MAGISTRATES COURT.

PALM ERST ON,

THTTBSDAY, MAX 8, 1879. (Before R. Ward, IJsq., R.M., his Worship the Mayor, and Messrs. M'N eil and D&\rymple, J's.P.) . JSSUING; VALIf^LESS CHECHES. William Hamilton Inman was placed m the dock charged with having passed a valueless cheque upon John Octavius Batchelar, -of the Royal Hotel, Palmeraton, with intention to defraud. The prisoner pleaded " guilty," and was then ■ arraigned upon a second charge of obtaining money from. Mr. Sylvester Coleman by the same means. To this he also pleaded " guilty," and, after some consultation, the Bench sentenced the prisoner to one month's imprisonment m each case, m Wanganui Qao}, the sentences to be cumui lative. . ASSATOT. Arthur S. Seaton, Stephen Rogers, and William M'Douall were, charged, upon information, with having assaulted James Skerinan, on the 21st 'of 'April. . Mr. .Staite appeared for the informant, and Mr, Madeira, for the defendants. ,■_, . James Skermari deposed : I. remember the 21st of April last, on which day I saw: the. three defendants, On that evening I was seized by Mr. Rogers and by Mr, Seaton on the other side. When I got ont o., the Bangitikei road I was hustled do,wn t either tripping up or falling down. I did not then see Mr. M'Dbuall, hut he came wp, and seized me round the waist, and after struggling withhim for five minutes, during which I cried for. assistance, books which I had under my arm were forciljly torn from me, X swear most positively that M'DouaU, Rogers, and Seaton assaulted me. They, did not use blows, but they used as much force as possible without actually striking me. Ido /not press for vindictive damages. . M'Douall and: Rogers treated me the worst, Cross-examined by Mr.. Maclean : Seaton put his hand on my shoulder until I fell down. He stood leaning over. me when I was, on. the ground, I .swear as a man of honor that he did what I say v I first 'saw Seaton outside the school when Rogers caught hold of me. Seaton was talking excitedly, but I could not hear what he said. I did not hearjhim say, " For G-od's sake, do not let this go any further." He might have had his hand on my shoulder, but I could not say whether to %Qpthe.or strike me. . Counsel for the defendants here attempted to examine' the complainant with regard to something which took place anterior to the alleged assault, when Mr. Staite strenuously protested, bi*t After some deliberation the Chairman announced that the Bench had deoided to hear the whole of the facts of the case, Cross-examination continued. — I was excited and bullied. I was bullied hiy^ Mr. M'Douall taking upon himself the duties of chairman when I. was chairman. He did so by attempting to call people into the room, and I would not allow him. He came towards me m a threatening attitude. He did not sit down. I said : " Mr. M'Douall, if you will kindly sit d«Wn } I will oall Mr. Seaton." I did not call him "villain" inside the room; I might have done so outside, where I might also have shaken my fist at him. I jumped up man excited manner. I did not threaten to take off my- ooat. I did not adjourn the meeting. I mechanically picked up the^ooks and left the room, without an iota of pur. pose. I did not do so on a former occasion. I unbuttoned my cpat, put the books under my arm,' and hastily left the roam, I thought Mr. M'Douall was going to intercept me. Rogers was the first man who put his hand on me outside. I can swear that. I did not hear- him ask: me to come back. I am not aware that I spoke to Rogers before leavirg the room, nor say that I would summon him. M'Douall wanted to call Seaton. It was highly improper that Seaton should be m the room. I had read a letter from Seaton aloud. There has been a question of the appointment of my son to the school. They did not' say they did not wish to have my son, receivecLSea- " ton' 9 withdrawal of 'resignation with applause, because it was a planned thing. It, was after the discussion with regard to, it, and Mr. M'DonaU .insulting me, that I left the room. We. had no conversation, that evening about my son. A discussion arose about the confirmation of the minutes, I maintaining that a certain entry represented the feeling of the committee, others, objecting. (Minute read m Court. — " Telegram considered from R. Foulis, Esq., Inspector of Schools, rw- his- recommending Mr. Allan "Skerman for appointment . of : teacher, rn.ce Mr, Seaton. No reasonable objection offered, but that the committee would^prefer an experienced teacher.") The meeting did not refuse to confirm that minute, nor was it confirmed as far as! know. There was no objection against iriy son, unless that they- wished a more experienced master. 1 believe I said to Seaton that I would strike him, but I did not airik».«fc; him, although I put my fist close ia his. face. There waa a great deal of mechanical • pressure upon tb» books- when they werebeing taken from nje. lam not aware that I fell on jay knees at the fence. I would not sweWthat I fell down or was. thrown, down ; all I know is that. »I came-fcq'the.. ground. I did not go to.Balmerstbflthat night to lay the information;.! slepi on my.w^iVancl; it was the- folTdwing dag. I lajW fe^M||pnJ|Hoo^ It^ft^Ggßf intgnfon , to app^ rte^JWwi*^^ died no* wiafr «o Se*rinaTctiv«- ft> ' tfcjyHigibi two. I BaW to Mr. Baler if the Committee' would appoint my s«n, I would withdraw the nase, and shake, hands all round. Arthur Collins deposed:" I reside near Paltnarston, and near, the residence of* Mr. Skerman. On the night. of the 21st of April I heard some one. calling out at the 'schqol. I was m bed at the time, and having run out to the gate I meters. Lovfcj£r». Collins^ and Mra, Monjis. I can.-.

not say whether Mr, Skerman w»iMa»ulted that night, and all tfwfr * &%&s&t&fs-\ heayd BcreMMr !T >v v : '^ f ,^ :^u: ' w * P^ss-examined,|r*l hi*ve not befn^lojqf m this district. , -* • ; 2 'tt^i v!'- • Web^agjkerman deposed r I :#j> ; the sob,' of James Skerman. On (he 21st of Agril'my father came home very ranch: ci* - : cfyed> withlis clothe* corerod Uritli d^it. 4 ; ■:Tha> .concludedliiher case fo* "the >wflojw -..< ment, and M* ; Maclean addressed the Court at some length;' summarising the fact* of the case, after which he called - Walter Baker, who deposed : lam a resi« dent, and a member of the Taonui School Committee.- HFremembiSr> tbe~2tft 'April; on which d%y there, was, a meeting. Spere. was an unpleasantness at it, caused partly from the piasgding .meeting. " tt 'waV through Mr, M'DouaH faking a proposition and Hv, Skerman telling Mm r ttoat he had no right to make one, as he bad insulted; his son, and bolting out: of thexeom m an excited manner. ; Vfe were »U confounded and left m the lurch. I'did nokiWfanj moie of Mrs Skerman that evening; It wa» important that the meeting should be held, as we had just taken over the residence for the teacher^ and Mr. Skerman wanted u» to accept his son as teacher. . Th» importance of. the meeting was—taking oxer the residence, settling about the fence, and the appointing the teacher, I believe we* «t ft committee, have power, to deal with the appointment of .'a teacher. I saw a good bit of what- took place outside the school after the second meeting. . Bluing the. meeting - inside, Mr. Skerman .waa ree^dipg the minutes of the previous meeting, 1 - : Mr. M'Bouall told the chairman he- had eiceected his duty by serving to the Board minutes that were incorrect. Othe*Tjoutin» business was transacted, when We X M'Douall asked the chairman to search m the drawer for* a. letter from Mr. Seaton, w,hich he did, and -perused for about five minutes and then read it aloud, after being requested to do so. A very hot discussion then took place, when Mr. M'Bouall saict W waa not going to be insulted, and Mr .Skerman gathered up the books and ma.de fo*- the door, I following. Mr. Skerman went right against the fence, about two- panels front the gate. . He . wa*,. v.cry- -excited; or, mad. Mr. Seaton asked him to go back, for God'i pake, and. for hk owb (Sieiman's) uke. , There , was nothing offensive: .m - 'Seaton'*. ' manner. Mr* Rogers ■ also asked him to go - back and listen to reason; - 1 did not heap him make any repjy^ but as toon, as h* found tbe gate opeu,t he bolted out. I '.'■■ swear I did not see anyone strike-, him, but I saw bir. M'Douall and Mr. Skeiman m. the njad struggUng. fo» the book. It flew; clear of both parties, 1 and M'DouaH' picked, it up. I did not see Rogers hold the com.v pxainant. I saw. no one- throw- him down, nor did I see him r off his legsv . When the minute-book was recovered, the committee. ~ went back to the school and resumed the meeting. • . •'•... . Cross-examined bj Mr, Staite>. I irillj swear that neither of the. three defendants, assaulted the complainant. .. To the Bench: From the step, of the: school I could easily,see what, took fhee at the gate, as the light was shining brightly from the window. Bogors t M'Dou&ll, and: mysttlf all followed Skermaa, ouK .and X .. thmkit would be impossible for either of ■ them to seize bun by the coHa* I saw Mr. , Seaton m the school ya^d about three yardt-.-distant from Mr» Skerman. ' William M'Donall, one- of- thedefendants,, deposed : On the 21et of April there was a. meeting called by sii of the Taonui School! - Committee- to oowider the je-ap^ointmen> of Me Seaton as \teacher. to.^th*, schpot .. . Before 09 ; ' business was proceeded -with, Mr. Skerman read some minutes which he. . had entered m tKe hook, anii he wished to. go on with the business without confirming, and I called him to order* " hehad inrerte^ a minute contrary t° t>he wish of the com -; mittee, m reference to. his .son. The objec* tion was unanimous; At this stage/I asked v Mf Skerman it he would be kind enoueh to * fend the letter- from, Mn,' Seaton, which her did, after- some hesitation. The letter iv : received with applause, and I then asked' . leave of the chairman to speak outside, with. Mr! Seaton respecting a telegwn which he. had. I came back and 1 sat down,: when Mr. Skerman jumped up. and calfed me a villain, fpr 4 what I eonld noi- teW— whether -for- : leading the room or- not. He *cas . hustUnjf his coat, arid he -shook his fiJt mmy Sfce^ . I told him I would not biopksuch.language^ when he picked up his, books and fled from the room. I asked him; to leave. the minute*, book, which he would: not, and iol^owed \ him out of the school fco endearor to induce. ' him to leave it or- return- to the meeting. At this stage Mr. Seaton ran from his reran* dab and said, "For Qtqfo sake, Mr. Skff- r man, for your credit and ours, come bat kj 1 * - Mr. Skerman replied^ "If-you, t«nph me, Seaton, I will Strike, you- S^ and he. ttruci. right out, but IcouJd nok saj-wKeiber the. blow reached Seaton or- not. '' . I coatinued' . imploring Mr. Skerma* to give up\^e^6-. ' perty of the committee. I .saw the. book* under his arm, outside of his coat. % caught; . hold of them, when he slung himself reurid,, but I could not swear- whetheiLhe endiavoied' to strike me or not, and the books fftt on,. ... the ground. t I tookthein u|v.and wen^.iito, the sohool. I deliberately awear | ney«?-l»id' violent hands upon him v ■ -Cross-examined by Mr v Staite. (tiißough. the Court) : I caught hold of the booka-. with my finger and thumb, and did not i touch him. I swear that. -I left theschoot with the intention of getting back *he. pro-. ■ perty of the schooL Skerman slewed him--. . self round, and the books fell.on the gx>und._. Regere at that time; was tra- yard* away --, from Skerman, and I ; B.weai> ' tyak heney^r> -. at any time put hand on him. Mr. S*atbn. laid his open hand upon.hh shoulde»>whenV • : asking him to go back-. There was a candle; - , burntng m the school, and there- waa a btgfr. 1 window through which the- light would fali • ■ upon the fence^: . ' -.- . : .: . r '. Arthur. Seaton (who gave vohuiljary eri-. ,den^e.> deposed t. On the nighi' of;the 21s^ April, during the committee meeting, I; wit/ standing on, the verandah of. the teacher**: ' residence, 'and whSe / there lj hearct iS'BouaH'is voice, and Mr. Skerman' vppij< ' ■jiie m a very angiy tone. 'M'Douali then, . . . saM *' I am, not h.e»e to' be insulted- by you, : or ariy otherA- roan:"- Sk/rman again re-L plied— what, 1 could- noisay— but ia,a few „ seconds arterwawb he.came. hxtirfir/g; out *■ of the door.' As he came, out, I heard . several^o*oa« cappg on£. .J*No ; no." Bfe Skeiman w** T^tterfig^ something, abou^ ■being i»»»H^R .I -tlwri hiumed . ,9jcrosß>tof T '■ •M^Siermair f ws^m^^ o'jped: %&&- bik ■ :; ' shortiaW : aa^i^:^|^^H^^|it;;:! -have a telfgmpa >io;T*9fowW&W*-&® i not *ake the slightest knowing- - him; to be very deaf, T repeafed It rerj. mucE' - louder. B.r that time hfe.iUiiPieacbed the, ' pJl&vgroTind fence, about two ©*. three- yard* —^ ftbi* the -gale, aflaitst^which heJ^H, aajjite:. . ol^e"game;''^rlio^^ J \WTert'BV i^e.-.gs^^ , - totinol. and said, " Seaton, 'j& . . , . I'll strike jon": I As : ha, h,e.««»^ a pfetty smart blow, and his clenches Hat* passed .over my shouldeiy and" I c^ufejty re,;v <jpmmehded hhn*not to' repeat tßeopeJation. : He then ran off down theioad a short. dia-. tanqe, two of the committee foHbwing. clpae. to him,. and m order to prev«nt.any violence. t; on «ither side, I fpllow,ed and kept dose. tot ,

twenty yard«~ f roai \tbe gate, I saw Mr. M'Douan eVd^Ypr{i*gv>io take the book from Mr. Skerman, of which they both had hold. During^ll tkia ? time, Mr. Skerman waa uttering threats ; and while M'Douall was «ndeavoripg get book, he *hoxited, lustily, "'Mu^ert'TbietfJs J" &c, so loudly that he might har» ; been heard a mile off, more or less. The book wras then thrown on the ground, -.Mr. Skeraan, I think, saying, " Take at ■"--■ but I will not swear to the last re^ttX* i^» M'X>ouall picked up the book and returned to the school. Outtide the playground/ Rogers was not within ten yards of complainant. . To Mr. Stajto (through the Court) : JThe school is about i^enty by twenty,. A candlewas m the' rcf&itfj /arid I think it quite pos» •ible it would, throw light to the fence. I myself Baw Mr, Skermafl's face quite dis» tihetly. At the commencement of the proceedings I was on my toad from Palmerston. The verandah of the teacher'^ residence is About ten tcr twelve <ieet from the school. It might be forty or fifty feet. I could not aay. There was a door closed between me and the meeting. I have no grudge against Mr. Skerman', -but 1: -was aware that Mr. fikerman's son-was an applicant for my appointment. I a wear I did not assault Mr. Skerman. I :did aot try to get the minutebook as I knew it was not my place to do «o. There war'no struggle between Mr. fikerman and only each was trying to get possession of the book. This closedj'fche ease, and the Bench having refcijedlto consider the evidence, the Chairman stated that te- was the unanimous decision to dianlies th* three charges ; and (the magistrates wwe of opinion that it should never Kate' been'brought into Court. However, afte*r the [publication of the letter •which appear** m the Manawatu Times, it became necessary t» go into all the circumstances connected with the case. The three cases would be dismissed, •'eryfi cases. D. R. Lewera v. Richard Buckridge. — Claim, £5 lly .; for goods supplied. Defendant acknowledged having had the goods, but st»ted- that the amognfc was paid, and prodiic*d?Mr. Logan, the former manager for Mr.' I/ewers,- who gave evidence to that effect. Judgment was, therefore, given for defendant. ;■•:'•••■■ Thomas Nelsdur. J. Tafeta.— Clam, £1 7s. Jadement for pl*in tiff, with costs. H. K. M»eiachl«n t. John Perreau. — Clnim, £4 4s:"- Defendant did not appear, and judgment ■mtu given exparte. Elizabeth ; Carroll- t. Thomas Nelson. — Claim, £19 l?s. 6d., for goods supplied. Defendant ; saitf there was an overcharge of 15«. 9d., and Mr.Staite, who appeared for plaintiff, consented to a judgment for that Amount, and costs. * ' . George Eldershsw t. James Nelson Owen. — Claim, £7 18s. There was no appearance of defendant, Itnd judgment was given m default. Donald D. Walker t. John Shearin. — Clai^, £2 J.Oi., for damages done to a heifer: Mr. Staite appeared 'for the plaintiff, atid accepted a non-suit. . •. D. B. Lewew'v. . H. Hopkins.^-Claim", £7 12i. 3d: Mr.^Staifce appeared for defendant, and tdbk exception to some of the it emu m the bill 'of particulars. Judgment for plaintiff, with covte. - ■ Manawatn Higliwsys Board v. John Smith.— Claim for rates, £3' 1«, 6d. The defendant did riot appear, aUd judgment was given by default. Manawatu High ways Board v. W. A. Fitrherbert.— Claim 1 , £1 11s. 6d., for rates. No appearance for the defence, and judgment was given by default: D. 'B. Lewew -T.'Ma^efcew Bdk.—Glafrm,-----£27 14§. 5d. for goodtsuppiied. Defendant did not appeal*, and judgment wai giren m default. ' William B. Staita ▼. Paseoe & Co f —olaim, £12 6d., for professional sesvices rendered m obtaining a license for the Foxton Hotel. The evidence for the defenoow/vs taken m Wellington, b«t Mr. Ward said the balance of credit was m, favor of the supposition that indirectly Mr. Staite had been retained by Paseoe <£ CoY who were interested m the Jiotel, aad con»eq(iently a verdict was giren for the amount claimed.