RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 109, 21 January 1880, Page 2

RESIDENT MAGISTRATE'S COURT.

'-' ' Tuߧr)Air, JA?tuAKr 20, 188(X [Before his Worship the \taypr, a.rid P. WarburtorEsq.J.P.] BItEACH.OF THK VaGBAST ACT. Hammond Benzie was /charged upon the information of Joseph Russell mill a breach of '*• the Vagrant Act, 1809 " iii. that he did.on thej.7th day of • January threaten the infor,niant*in""~a" r^ public place, to wit; pointing a gitii at I : the -a £ oresaid Joseph • IJussollVand-say^™. ing, " I w;H shoot you, .you beggar," „.. the same being liable to creafceV breach/ of the peace." '."* '' : V £?' " r "o There was a. further charge of lisauitri but as the cvideuce was almost similar ' m both eases, the Bench decided to hear : v the two together. . ' Informant conducted the prosecution, and Mr. Staite appeared for the defence. ' >''■' '; •' ,I' > Joseph Russell, the informant dSposed ; I am a laborer living at'Ashursfc:. but have lately been acting as assistant bailiff to Mr. Graff,, for whom I Lad been m possession of a house of a uiaa * named Woods' in the township.- - .-I,iip£ ?& eeived instructions from^^Him'rftjfr'fo'S" give up possession unless I received ■ $ ■ : " note from him marked with 7 a?prmt(ei r ' character. On Saturday "eveßing, theY 17th injtant, I met Woods.Hn cbnijjany wfth Stevens and fhfcVdefendantj jßenzie. I went towards Woods to give him the key, when Beucie came forward, audjin^ an insulting manner demanded- -What. " business I had with tKe'Steyt *He thin, pointed a gun which he had m his hand at me, saying at the same time, 'M.will shoot you, you beggar." He then gayer - thft weapon to Woods and struck- me with his clenched fist. ' : To Mr. Staitoi Befixie asked. nuS what business 1 had with the key ? I did not give hjm, any provowatio.n, and ; although he struck me : -J did not return " it. lam a bigger mau than dc^ridsafy' but I do not believe 'in "that "kind or work. I thought I would act the good citizen, and bring him to Palmorston.: I have, not been long m the ;eolony.. t. am not aware that I bore a bad character on the voyage out, nor. ajqi I aware, that coiuplaiuta ha.d to, J>e^uli|de..to the captain about iaV.,si-Jii'*ija.3^not dismissed from Stevens' jVliil^.."lndistinctly swear I hover thrcatendil to. burn the mill down.. I know Mr. Lee, and suppose he is a decent man ; something like myself, I never said^to; him; - that "I had got them now." I sir ear"" most distinctly." thatlß^e.^zie ha.4' the gun m his hand, and pointed it at me. t " know very well the penalty of swearingfalsely, but am telling nothing but thY truth. I would swear, ttie^ same,. and t • lo ltinue to do so, though half a dozen. were lo say. the contrary, j bqeauseyit^ would b.e tho. truth. Buiiaio gayelheT guv to Woods, and' 8-. veris- aftexwaida; • to.ok it. My wife may- have seen tho transaction, though shi,' had.uut-tQld.mo,,. , that she had. She. wanted tq r lcaow; why I did Viol" 'return tlie bICR' v tb B.&:-; ■ sic.* I Ba.id m reply that I had better. , • sense, . and" that brii(g him' to* .-.. •^Balniersfon.'J ••; : . <•■ -* " ■-•']'< - . Thomas Gardiner, . examined by-.iu- r -l. foruiant : I did not; see. Ber zip. strike,. C you. I did, not see him; point:*, g^ux ,a.t" : ' you. . „ ^ : ',.-'.-....: . To Mr. Staite r I ne^eiy noticed the, " i?uu m tho pps^sskio.a o-f ; Beusi?/, ..Tlie. first I sa\\ r of it was ia the Hands of. Ste.vt'ui, £<j the Bench : I was ab^out forty or. fifty yards away f r.ouy wliero^the. distui > bi|,])c.u took piace^ a,n^"rea.^ij£, saw. no tiling. : -'''- ■'■_. '■"■-- >^^ John ftardyiei\-; examined, by - ui\ .. formau t : I aui a laiiororr resiiilijijg "at AsfhurtJt. I saw Btfuj;io .strike you, ' but whether with hj.s &,si or p^pen hai^d," I could not say. I never saw the qua m the possession pi the. dofimdaat, Jy . was between forty and. fifty yards aivay, and cousequcntiy did not notice . ■vyliicli, -. ha I \h<i weapon. I did.not see Woods with ifc. I was too. far away to hear tLocInngua^c used. . »..■•.'-.■. " . : To XLf. :. t am positive thafeBonzio stv.uck IJussfll. but 1 did not sec ltusseU itrikp Benisie, : Iv woald not swear that ho did not. x never saw Benzie with the gun, and .to.the best of my kuowledsfa ho did npfc. „ have it. I did ncs see:Sjtov l e.u rush m between the paw*. . . , ; ._ ; "• 4nnio Russt'll, the wife of the m?, fondant, w:is called for.the prosecution, and guvd evidence as to having heardtlireatcning language used by defendant toward her hiiabaud ; but as she aaw. nothing of the actual transaction, she. could ilmnv no light uponj h.e matter,--This closcilthp ca.se for.^eproscc.u?.. tip.n, and, . : . 'Mr. Staite having briefly addressedj the, Court, called - ; • Henry Steven^, deposed.: I am, : leasinii tha Asbursfc Sa.w Mili. On -last Saturday evening I left the premises '.in.cjmpvuy with Benzie, Wo v xls,ajid Faji-. crass. I had a guv. over, my shoulder. ' After we-had proceeded squjeljt tie dis.. tauce,. we met liussoll, who lianiTeJ '--fit. something to Woods about the key.- • Beujsie addressed informant, and asked; whiit business he had had withy tho ; : key, when the latter retorted, '-' NoV^ loolf hore, Mr. Benaie, I havq had ', quite enough of you.r ——gob, Hfi;i : vLam not going to. stand any uipre^o? .itV ; - Fearing there was going fco b.e a row, I , laid the gun \ had b.ee;i carrying on tho, ground, and stept m betweetn them.; \ Be. '1210 never, for one. mo we.ut handle* , the %\in, and most do.otde4ly did not' ; pivsont it. ut infonn&ut, If Eu.-spl^ swore that he did, it woujd b# v\il^ut aud corrupt perjury. » ... - Albert tTenry Wood* eX.aunried; :Qu.. . Saturday eveniun last I \y,iiß vvith Ben-, aif, Stevens, and Panccaas. Ru««<cUj sjave. mo a key which ho had 01 my hoi^se. Benzie made. & remark, and m , rejily Hu.sell he had t&pd enough of his ?o& a,nd would" [ stand no mow of it. As thoiv wiw - , I likely to b* a fii?ht. Stevens put tho. gun down upv>n the ground, m order tp. , pivveut It. .'swear mo*t positixvly: Bejizie never had the guv. m his }>osses.. sioi), nor did he proswut it at iu|o.r.uiai^ . It would bo -impossible for.LMu>/.to ; <lQ; ; so without my seeh.^i>v I luive knocked inrorn^ant*8 f hat (; o.^,,^ufc^" 1 did not see him doiufif:^-/:"^ ' " W 4 V$ - Jauies L«a exrt?ui4fed^ ;I. r^n»cmber;-:« sei'iu.4 Benzie,- "WWte^ : -Bss>¥i>a*s a - a Eussell oiviJaturday eyi-nihg la-*fc m th*. pmicldle of fScroad ! yens with a gun. Mjc- i:nprei«sion was 'that' they were (juarroiiiugv I. <iid"uo>; \ea Beuzie strika liiu^elK ' Tuv infp^ mant and I.ar& felloyr passenjjpr% jSj| •

on board the vessel and although, a consuble,|the married women presented a petition to the captain complaining of his conduct. w, « ; / V To the Bench: Had Bentie struck Russell I should hare seen "him ; still 1 would not swear that he did not. I •aw no gun with Bencie. Stevens . had the gun whenever I saw the weapon." George Marsh deposed : lam a storekeeper at Ashurst. On Saturday night last I heard a loud noise, 'and went to the door to see what . it was. Upon looking out I saw Woods, Benzie, Sterens, and Eussell, talking excitedly together, and not being ambitious to be mixed up with the fight, I shut the door and went to the back. There was no blow struck that 1 saw, and my inference that a fight was brewing was on account of the loudness of tone used. Two other witnesses testified to seeing the struggle, but failed, to. notice the gun m the possession of Bencie. After a short decision the Bench dismissed the charge under the Vagrant Act, but found the assault proven and inflicted a fine of ten shillings and costs.