RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5316, 10 April 1878, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, April 9. (Before J. C. Crawford, Esq., E.M.) DRUNKENNESS. John Bash, for drunkenness, was fined 10s., with the alternative of 48 hours’ imprisonment. AN INSULTING FELLOW. Elizabeth Byrne was charged by William Clark, a carpenter, for having, on the Ithinst., unlawfully assaulted him. Mr. Allan appeared for. the complainant, and Mr. Buckley for the defendant. Prosecutor stated that on Saturday evening last he was drinking at the Branch Hotel, and remained until about half-past 1 on Sunday morning. He had had about six liquors, and a dispute arose with defendant, who is barmaid at the hotel, about some change. She threw witness’s glass of brandy into a sink, and he thereupon called her a blackguard and other vile names. A sailor took the woman’s part, and challenged witness to fight, but whilst he was turning round to do so Miss Byrne hit him a violent blow in the face with a jug.

Mr. Buckley, for the defence, said prosecutor had brought defendant before the Court in a most cowardly manner. He had made use of most disgusting language to her, which had justified the action she had taken. Defendant admitted that she had struck complainant, but pleaded that she was provoked by the language he had used towards her.

James Ootteril, second mate of the Lord of the Isles, said he witnessed the assault, which he considered was provoked. Constable Smart deposed that he saw complainant at nine o’clock on Sunday morning. He told witness about the as.-ault, and said he would make the proprietor of the hotel spring a £5 note. . ..

Mr. Crawford said that on prosecutor’s own showing, without taking any other evidence, he ought to have been turned neck and heels out of the house before the alleged ' assault took place. If the landlord had “ sprung him a £5 note ” proceedings would probably have been stayed. "• The assault was not justi-fiable,'-as defendant should not have struck anyone with a jug, and he warned her that if on any future occasion a quarrel should arise, the proper course for her to take would be to get the landlord to eject the troublesome individual from the house. He would mark his sense of the conduct of both parties by dismissing the case, and refusing to allow costs.

CIVIL CASE. Plummei’idge v. Woods.—This was a claim of £25 for a hor.e alleged to be illegally detained by defendant. Plaintiff was nonsuited.