MAGISTRATES' COURT.

Nelson Evening Mail, Volume XII, Issue 138, 13 June 1877, Page 2

MAGISTRATES' COURT.

£Befora the Hon. T. Rkkwick and J. Sclakders, Esq., J. J.P.] Assault. Henry Warren was charged by Constantine Halliday with assaulting him. Mr Fell appeared for the complainant, and Mr Pitt for the defendant. Constantine Halliday stated that on the evening of the 3 1st of May he was stooping down to lace his boot in the Waimea Road, when Mr Warren, who was riding by, struck him a severe blow with a riding whip. The defence was that Mr Warren had frequently been annoyed by young larrikins frightening his horses, and that on seeing some one on the road he thought it was a repetition of the offence, and struck him. Henry Warren: On the 31st of May, about 6 o'clock, I was riding at an easy canter past Mrs Snow's house on the Waimea Road. I saw somebody ahead of me step off the path and stoop down in the middle of the road. My horse shied and nearly threw me off. I struck at the person with my whip, not knowing who it was, but thinking it was some young larrikin trying to frighten my horse, as has frequently been done before. He called out and a»ked me who I was, and I replied I would soon let him know. Afterwards some one came to my shop. I was at tea at the time, and Mrs Warren saw him I heard him say that I had struck him, and I, without seeing or knowing him, said it served him right. The Bench was of opinion that the defendant was acting under a misapprehension at the time, but was not justified in striking the complainant. He would be fined £1 and costs lis 6d. Schulz v. Kirk. Action to recover £14, being one month's wages, £7, as seaman on board the schooner Uno, and one month's wages in lieu of notice. Mr Pitt appeared for the plaintiff, and Mr Fell for the defendant. The sum of £7 18s 8d was paid into Court yesterday afternoon Mr Pitt said he was willing to accept thia, hut should apply for professional costs, as the notice of the amount having been paid in was only placed in the plaintiff's hands at 7 o'clock last night. Mr Fell objected on the ground that the plaintiff could have had the money at any time. The Bench decided that the costs should not be allowed. Patterson v. Galland. This was a judgment summons for £2 10s for which amount plaintiff had obtained a judgment on the 28th of March. Defendant did not appear. An order was made for immediate payment, or one month's imprisonment.