RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXX, Issue 4505, 28 August 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

Thursday, August 20. (Before J. C. Crawford, Esq., E.M.) Board of Education v. James Alexander.— In this case the Board sued for arrears of education rates. The defendant did not appear. Mr. Quick appeared on behalf of the Board. C. C. Graham, Secretary to the Board of Education, deposed that he had the custody of the ratebook. [Book produced.] The total amount of rates due from the defendant was .£4l Os. Bd. The proper account had been rendered. His Worship gave judgment for the amount claimed, with £4 9s. costs, subject to proof of service. There were eighteen other cases, but of little interest, Friday, August 27. (Before J. C. Crawford, Esq., 11. M.) CROSS-ACTION FOR ASSAULT. Sarah Shiel v. Peter Garrick, and Peter Garrick v. Sarah Shiel. Mr. Shaw appeared for Sarah Shoil, and Mr. Allan for Peter Garrick. Sarah Shiel deposed that she called at the defendant’s house to request payment of an account owing by him. When the defendant came to the door, witness asked for payment. He said he could only pay five shillings, but did not offer any money. Witness was standing at the door. The defendant-dragged witness into the passage, knocked her down, and kicked her. By Mr. Allan ; Defendant did not dispute owing the money. Witness never struck defendant. By Mr. Shaw ; Witness was accompanied by a friend, Mrs. Woodward. Mrs. Woodward deposed that she lived with Mrs. Shiel. She was in company with the plaintiff on the evening of the alleged assault. A Mrs. Box opened the door. When defendant came to the door, he said to plaintiff, “ What do you want with me?” Mrs. Shiel then told him she wanted payment of the money he owed hex - . Ho then pulled her into the passage by the buixxxet strings, tluxmped her, and struck her under the jaw. Plaintiff became insensible. By Mr. Allan : Witness struck defexxdant with the back of her hand ; may have given him a black eye. Defendant pxxlled Mrs. Shiel into the pixssage a short distance inside the door. Witness placed her in a cab. The case of Garrick v. Shiel now followed. Peter Garrick deposed that the defendant, Shiel, came to his house on last Saturday evening. She asked him to pay his account. He offered her five shillings. She would not take it, and struck him in the face, and at the same time fell down inside the passage. Witness did not strike the plaintiff. Mx - s. Woodward, who was standing outside, struck his daughter with an umbrella. He never saw Mrs. Shiel in liquor. By Mr. Shaw : She fell into the passage when she hit me. This was becaxxso he offered the five shillings. She said at the same time, “ I’ll take it out of you.” Julia Garrick, daughter of the plaintiff, was at her fathex-’s house on Satux'day last. Her father offered Mrs. Shiels 55., and she woxxld not take it, and struck her father several times. While witness endeavored to pull her father away she was struck with an umbrella.

By Mr. Shaw : Heard Mrs. Shiel ask fertile money, and was quite sure that her fatheroffered her 55., and that she refused to take it. Sergeant Monaghan deposed that on the day Garrick took out the summons his face was much swollen.

The Bench, in giving judgment, said ; In the first case, Shiel v. Garrick, the evidence is remarkably strong; but yet, on the other hand, it is so very improbable that a respectable old man like Garrick should have committed the alleged assault. If the case stood alone, it would difficult to decide which of the parties wars in the wrong ; but when, in - addition to this, the evidence in the cross action was taken into consideration, the Bench had no other course than to bind overbotlr parties to keep the peace for six months, in the sum of £lO each. Each party to pay costs of court. CIVIL OASES. Liquidators of Wellington Co-operative Baking Company v. Buck and others. In giving judgment on these cases, the Bench said that it was impossible to get over the 14 th section of the Friendly Society’s Act, and no other alternative remained than to enter a nonsuit for the plaintiffs, with costs. In the case of Shiels v. Garrick, for £3 15s. for goods delivered, the Bench gave judgment for the amount, with costs. (Before A. de B. Brandon, Esq., J.P.) George Gailey, charged with the larceny of two picks and two shovels, the property of a man named Butts, was remanded until Monday. Thomas Roach, brought up on a warrant charging him with obtaining money under false pretences, was, on the application of Mr. Reid, remanded until this morning.