RESIDENTMAGISTRATE'S COURT.

Nelson Evening Mail, Volume XVI, Issue 236, 4 October 1881, Page 2

RESIDENTMAGISTRATE'S COURT.

[Before L. Broad, Esq., R.M.] Adams and Kingdom v. Barpsr. — Thii -was an action to recover .£l9 15s, being professional costg iacurred by Mrg Harper in instifcutipg and proseeutiDg proceedings against her husband for & Judicial aeparation and alimony. Mr Acton Adams appeared for the plaintiffs and Mr Pitt for the detendant. The defence was that it was now sought to gat the Resident Magistrate to re?is« the taxation of the costs by the Registrar of tha Supreme Court. A suit was instituted by Messrs Adaras and Kingdon oa behalf of Mrs Harper for alimony which was obtained. The bill of costs, amounting to .£304 Os id, was sent in and £84 19s was struck off by the Registrar, leaving a balance of £220 4s 3d, which waa paid by the defendant. Plaintiffs now sought to recover a portion of the amount which had besn disallowed. The ease, which involved a considerable amount of legal argument, occ«pi«d & long time, and, at the close, judgment was reserved. ' - ASSAULT. William Harvey was charged by Margaret Harvey, hia brother's wife, with assaulting and beating her. Mr Fell appeared for the complainant, and Mr Bunny for tbe defendant. It appeared that some dispute having occurred between the defendant and his brother about the ownership of & horse which the latter was driving, the defendant tried to take it out of the cart, and threw stones at the occupants of the trap, one of which struck the complainant on the head. laaac Harvey stated that he and his wife were driving home together when his brother, the defendant, stopped them and claimed the horse he was driving, and attempted to take eff the blinkers. Witness gave the horso a cut with the whip in order to get away from him, when he took up stonea and threw at them, one of which struck his wife on the back of the head, and another split the tail board of the trap. Margaret Harvey corroborated the evidence of the last witness. Cross-examined by Mr Bunny : It was not my husband who knooked my hat off, The stone struck me on the crown of the bead. You're only asking me a lot of questions just to try and bother me. My hat was knocked off into the road. I was so stupid and frighteDed that I don't know what took place after. This closed the cine for the prosecution, For the defence Mr Bunny called France* Harvey, wife of the defendant, who stated that the two brothers had some words about the horse, and William laid bold of tha reins, when Itaac struck at him with the whip, and William threw two atones at them one of which hit the tail board asd the other fell into the trap, and Isaac picktd it Bp and threw it back. It did not hit tha complainant. William Harvej said lie iraf trying to take the horse out of the trap when hia brother struck at him with the whip, and the horse started off. He then threw stones at the trap but neither of them struck tke defendant. Cross examined by Mr Fell : I admit that I threw two stones, one of them hard enough to break the tail-board, and the other to strike the back of the seat. This closed the case for the defehca. Hia Worship said there could b« no doubt that an aisault had been comisitted, and whatever might b« the dispute about the horse it could not justify the stone throwing. Fiued £1 and costs £2, or in default 14 days imprisonment.