RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 95, 26 November 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

r ' (Before Ik .'*/ :. / P*tnjek Walsh;, was charged; with being. Mk&nn* sO. disorderly at PaMersfcon on tha 18th instant. 'Accused Juluutted thet offence, and wu .discharged wittf'a caution, -.."? ashe had been locked up for for^wghfc i hours. .', - •' .;■-■ ••, -'..■■.-■ '-- .:!",*/: ;•>'." ' : :y BBBAOH O» THB PEAOH. : Edwaid'Sharpaan waa charged -by Const ible Draper, with committing a breach of the peace, by fighting m the streets on* the . 10th instant.- Accused admitted the offence, , ;• and. was fined £1 and sixteen shilling! oost'l • '"" V" ; - '" - .■ AIfOTHpB OASB; '-; - ■: -.. {,'.' ■';•,'■'.■. John Potter >a» also charged with th« - same offence" upon; the same : daj, and m a Ver/ bounceable manner stated that he did ,'*pot", his man, but he hiid, beep ihrited ta v So so; The Bench admbnishecl him with" i regard_ to hit contempt of Court* and finedhim £1^ with aixtefn- shillings tostt, or a : weelca^ confinement- in Wariganui Goal". Th©| prisoner intimated his intention o£ Tisiting ' "Wauganuj, '■- -'Cy^^- :\-^/-: .:■'■■ :' .. -:■.': :' ■•■ ; -.AJSMOT^VvW -■ : .V/-' : -' '•■';-■ ' Oh^stianseh/.'iros cpmplainei against by* Ohris^na Christiansen that h/ did, on the 17th "'di JfoVember, onlawfulljr 'and maliciouslj aasau^b her by riding and driving a horse at and over her, whereb/^ she .suffered grierous * bodily harm, find •therefore j)raya that the' said Wilhelm^ ■, Chr^stiansan may be required", to find sufficient sureties to keep the peace toward the^ : said ohrJ3t\na Christiansen^ ; -■- '•''•■_ * ' I Mr, Hawkins appeared fqv ;.thq plaintiff, and Mr. Staite&r. the defence, The former; stated the circumstances of the case'at' sbma^ length, and called ." : \;- ; - ■ -' ", : Christtaa Curistiansen. who! deposed: I am the. wife of the dsfenotaut. On Monday. the. ,17.th of.-. N OTember, I was m^ T Palmerston, as it was, arranged between jriyy !hu9ban,d^nd myself that I should go to 'Mrs. Marah' to try oh a dress; Ther*,] never had been, anj pr^rious quarrel between us, bpt he. had said, " I wish to goodness you were dead," when I replied, "If dare say you would." On Monday night 1^ was with Lucy Trieklebank -at the Foresters*. .Hall, and we vrerejisteningfrpm the.outsida, : t6 the singing. My huibahd. came up on, horseback, when I- said, "Halo! is that* you?" and a«ked him to take me to the play. He, replied* " No, I won't ; I don't : believe m su.oh things," when I answered"that then I wouloTnol go."* S^ % did not look very jrfensant, atihoij&h he was not angry. Miss Trieklt-bank and I waited for, 5 a JiVoinent and tlien went toward the Koyal, " Hotel, He followed us on horseback, keep-/-ing quite close to us all the time, as if ho v ' were accompanying us. When I got.as^ far as this Royal I turned; round, and saw" |hijtn m the rpad bt> t. ween tHe/tVjrQ" hotels. » I 1 then saw. him slr^ke the spurs into the hois© and 'make straight for' me, and^ although I was cautioned, by Lucy ■ T.riokle-T i bju&, t was kup'jkei How,n.; I had bee^ standing on the road by tha aide, of the* footpath. After I \vas struck I losi oonsciou*ncß3i w|iep; 'I<u^y Trieklebank and" Mrs. Snelson's brother brought me to- Mrs,; Trickleb.ink'e. We- have not lived hapDJly',. : together since we were married, aa. he said leafed more.' for the •'' other das. % 'than ~, t liim. The "reason, why I wisfe to have him' over is becauie - 1 am <tf mid of -my life, and bound I do not. take tho attion out of spite:' Cross-examined by Mr. Staite.-rWe wer* married about lire weekw. hen this occurred. I have left mr house since wa were married, • and he al»o ran away - and. his, ' brotfier v "feichidhim* ;b.ack.- ■ When I WdnVawiiy I :went to Mr. .'Hammond's: at Bull Town/ He went after »ne\and brought mo buok." -He has not tried to "make me- comfortable, neither has he bought mo any dresses. have the affection for him that a wif^, s iiliould^haye. Thew waa wme q^ <ibo w v^^

I would have preferred mmrjmgiSh^ mj^ husband, as if " the other " person. told kept his promise I would have^had hiiii. I ■wear most positively' that sinee 1 P have been married I never, risited nor spoke- a ainglt. word to Snow.'"! "do not think Jny husband lias treated me well, because he would nob buy me jelly. married' xne he took me to a wharo'; he tella-me has land, but I can't believe him* i*"went to jLhe lawyer - first, and he sent me to - the the doofcor. It look's yejry much like as if he rode over me on purpose, as he made, •traight for me.S /feW* Rave beiti hurt* he has. got me a bottle of lotion: 01 jrinceeely! believe' that it waa his attention to kill me when he rode me down. I will not, live with him again because^ I am afraid of bjun. .% fJUil'lO. ";-'...- '■' " i ' . Lacy Tricklebank examined : I am »/ single girl and reside m Palmerston. On Monday evening last, about half-past eight, I was with the informant 'OhVistina Chris-" liiansen. . Jirst we*Wefer«n 'the' -railway ' station, and then 'outside, the Foresters' Hall. We shortly aftej wards left, and walked as far as Bat^eldr'fl7 r wHeri r a ftb : rsV : came up and. knocked the rinfornianl^ down.* Until the accident had fcvke'n .place' I could' not tell who had beeri'on When Mm. Ohristiansen-.had'been .brought to my. father's place her 'Husband brought 'some 1 jnoedicine to her. ' ■-.;;:■ Crow -examined by Mr. , Stains.,, If rs. Christiansen was in.';t£eVMiaaie^f :^Tpa9^ when the horse was first heard. ■■''.'It f did -not look back at all, and I. only think , that the horse was m the imddle of' the >: rpad; ■''• It may have, been footpath. .The - Norseman rode right straight on. "'^.u -, . "' I>r.MaclacMan deposed that the injuries were very severe," constating of abrasiires of ■ the skin, and a blackreye.' , ; ,\ .' r . I .'j \j ''[ Mr Staite made ■■* jstrpKe;,appeal ip. th.c , Bench on behalf bThis'client|Tidiculing the/ id»a that the injuries had been .inflicted [in- ':, jtantionally sho wipg/tiuil> T sucn^obnd.iict.'.'^asy totally inconsistent wifh the general' treat-' ; ment to^ which defendant .-had subiQctedt his: ;v ; fifr.; He caiied^J^^;,^;; ■■^j%' ¥ *; William Chriatiansen^who cJeposed '• I" did not wilfully ride at m^wif^, pn ; the,night Jn, _ question. J did not'lnowwliq ij> wa'i ih^i\ I had knocked do wnVntil_my^ife screamed! c. The horse was very hard ft}-, the mouth and : - jcould not be held in!;' it" bolfed yesterday^ ? fttid threw me he^ij|-, fl $&*ss, intencjejd* ? j.p injure my wife. T nave jfrways teen most kind to her, and . not treated -; ,'lrie^well.' ' r " . ,'' — TJT^ / ' 1 ' ■ / '-"^ -t ; ■ ;;•• George Deards gave evidence ,qf;the uncontrollable nature of "tHy^horka; 1 ■'"•. Several. Scandina r vian r rmtnesses , were; palled to prove th» allegations l of the defendant that while he had always treated his ■wife with the greatest .kindness-, ; she;6h the . pjbhor hand had led .'h'iijj ','* a wretched, lifjt,. •busing him and fjlqcking^his beard/ 1 : ~i"-'' f . . The " Bench .was, of opinion that as no assault. had been comiwtied, it was .not ne- , ; ■; pessary to bmd the^-defe'niciant^lp"'.^*^^ tbie' jwaco, and dismissed the 1 '' '''^ i:'-.- ':}"' -''■■■' '"; ' ■" ' Ol^l^^AsmjV^-^J.^-C Thomas Mo&att v. J J. Jacobsen.— Claim, jgl2 10s. lid, fcr ; meat supplied.. A setpfFwas put m for £3; isis'and.lai judgment' ■Was given, ot £9 6s; lldjibplhe paid' witlunl three months. ■ ■ '. . _.-.■■• .-.'_.,.'. : Thpmas Moffatt v. John : iMikelsenLHplaim, £7, for meat supglied. Defendant ridnritted'the de^t^ butf t»te^\tjhat^he/; had T been out of work for^threie. nipp.tnß.;/The Bench gate him two. months m which' to pay fbq amount. . . , \,: -1 " ; Thomas Moffatt «.' John Quarttrman.— . Claim, £5 10s lOd, amount due for meat supplied. The defeniiant\ admitted the ' debt, and offered to pa/ at ■* the "rate.iof £1 1 '■■' per m onth. Qrdjreji ; pay> fcho - within two months; " '. '/&%'. .7-^ , V !^ , ■; Frank jfewhy v. Hastweltanji'Mae^'- 1 -' Claim, £10, damages for? the hon-deliyery .' luggage. Mr. '-Stait'e appeared for' th"c plaintifF, and stated that the action wap brbught to recover the Tal^eAOf Wswag lOsfc by' the destruction "of a punt, while a river' . , was beitig ■ qrosaed? .' ' \K£ : the" outset,. Mr. Macara asked the Cpurt if it hiid -jurisdio- :- tion, as the oontra.e^jwal[/tp carry: the plainlifi from Bkatahuna to Woodville. : . . ; Mr. Staita said he wa^.-instructed tha^. the agreement was to land his client" at Pnlmerston, but upon puestioi.ing him. then 'm Court, he fo"un<J:f*hat^ the f^cfs were' as ' V:%ILr f Maearft hW' sfcatedjythem. C "iH^iiad ': |nerefore no course' open /to him ;buftb( abandon the ciye. As h^''client had not ' instructed him triith.f ully, he wpuld ; liave to take the consequences/r; • ■ ' s > :. • The Bench' held? that the case 'should be •truck, out, and with /regard io^he. matter - ofc : costs was perfectly powerless, as if thja. " Court had no jurisdiction m- the one matter, ; had it m the.ptherj - ■.-.;; ■•> Mr. Macara state,i that he woVld . much; j gather have sent' a cheque for. the, J&.6, as' the Agridultural !|how.wa* being held ot (Jroytown, antfliewas-away 'at great ex.- . pense.. . ' * "■;■ ,' " - „-' : ;' : "'* - ■ i JfBAITJC liAWEEITOB V. THB J^AXOII,, &0, JfeC?., OP PALJ4EB3fOK ITOaTH.~..JV.. Mr. Maclean ajyieated.for^plaintiff.; and Hawkins, ihstructed4>/Mr>Warbur|»n ; Appeared for the. defence; - — -."" * '■.. ; ..'i " JFrank Lawrence sued the. Borough Council for certain injjmeg^ which -hei sustained • some alteraHoj^s'>wJßre being made-io fa the streets of thatpwn, jbhe claim. niade ( being £14 2s. for medical attendance, and •losß of time. . ■ .' ; . . Frank Lauren,^ ■.: )1 . am- "a "piperv Vnger and paiVtor., X . B *^ ,?^ -* u ,nf, last was very s'tofmy*, and while walking ai:;pg Broad street m the sight^l f fe'H' over f,v>--. hox culverfc3i on mj'bjiskjind.Berefelv' burted my leg^ .Messri. s Hart A and;, Snow, with me a r f Ttlis/tWe.: .s)H6rp was, no light whatjever on the obstruction tp,. warn of , Ore danger, Snow. iibt/'Hart^ did .not fall. All thr.ee of us ; aw.^ spberiat the time. I had to seek the advice, of Dr.Maclachlan, as ray. leg got rapidly worse. I was fully three nxonths; before I v<as jable. to do ladder work,* as I could not pick; tpy jobs, during which t,iine s J only earned '■-■. ".'-; ■ '1 : " Cross-examined, by. TVtr. •Hawkins.V : -I^ ■wont from. GiWrge vjio-Brpid ;Btireet, going from Moffiitt's to' Batcheltt.rjs; \ 'I^siaw no Mght nearer the works oian .BimrtrtdV After .picking myself ,uga|tej ; . the: fall, I w«nt to Bjtfchelar's, and saw Na,tlian ; ;the)-e, When I told him..,about the accident he treated it very lightly. J, am quite certain that i'was sober at the«time. of the accident. I applied cold, er,eam,uppn the- wouAd;. and about a week aR er^wardß calleti m a 5 doctor, ' Ed-.rin Snovr' §xaniine.d. — I, was, with the, witness when he met i with th,e'acHdehtpn the 16th of June. . The enj verts .werp. placed right upon' the. orpwn of.t-he^road. Ho appeared to get avery heavy was perfectly pober, as. I was ako. Ccosa-exarained.— Thep&jilight have;b^«n I excavations on the, side, of . the. rpad. I conU not say whetber the caVyerfcs..were,.oW; o.r new. . • / * Dr. MaclachlHn /gave, evidence, of- having attended the pjuintif?- for, a fortnight, »nd that ha had _v.atf ended hinv from {he 2lst of June to the 4th of July, when he told him he. was m a pioaitipn to repume work. Although, tbepatient had bejpn to]ld Ijliat be needed no furl hex medical attendance, still he was not perfectly c.ujr.e<J.v The Town Clerk was railed to. giy'e- eviidenceas to whether. f-he pie(*e of rp»d from to Georgesferiet was private streufc fcr not, und his testitnony was m the, affirInative. In cros9texan)infttjon.the-wit.jneßß Keposed : Joseph .Nathan was the contractor, and the workbe^n? executed was for.a X \ijnip suuj, r ijhe culver ts^tken bv«r whe fi

litfKß accident occurred were the property of' Mr.' Moffatt. Mr. Nathan .executed* the. works, and the specifications demands that lights should be provided Wt night. I haye purposely, gone to the contract to see if there were lights at the works. At the place where theaxtcident occurred there was a boroughs lamp,* . : ; .. r -, To theßenola : I hare seen. tW-^old oul- ! Verts placed on tlie side of the, road, but I could not say whether it m*& before or after :> the accident. . . r ; JJoth Mr.^ Sawkins and Mr. Maclean addressed tlie Court at greatilength, and produced a number of legal authorities m support of their respective clients, \Mr. Hawkins, claiming .a non-suit upon the ground of non-liability, the, contractor, if any, being. the pewon'to be sued. His Worship said that ;the .point upon which the non-suiVwas claimed was a most .important one, and he w6uld%ish. for time ' fo'feive his decision. ; : ;. ; ; • .-.- : '■/ '■'The ; case was consequently adjourned until next Court day! . * ; "-