RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5330, 27 April 1878, Page 2

RESIDENT MAGISTRATE’S COURT.

Feiday, April 26. (Before J.‘ C. Crawford, Esq., R.M.) ASSAULT. ' William Curuow, employed as an overseer' at the Rimutaka tunnel, Pukuratahi, was charged on the information of George Josef with having violently assaulted him on the 16th lost. Robert' Wills was also jointly charged on the same information, but he had - not been arrested. 1 Mr. Travers, jun., appeared for the complainant, and Mr. Gordon. Allan for the defence.

George Josef, a Frenchman, stated that ho was employed as a miner at the Rimutaka tunnel, and on the afternoon of the 16th inst. he, in company with prisoner and Wilis, went to a Mrs. Hall’s house, but on account of accused being drunk they had to take him away. Prisoner was more cunning than drunk, They took him to a Mrs.,Cox’s, and as soon as they got in Mrs. Cox said they might have brought something to drink. Accused then went to Cox’s bed, and witness gave Mrs. Cox 10s., with which to purchase some liquor. She went to Hall’s and bought a bottle of spirits, also shouting for witness, who had followed her, and Mrs. Halt, They returned back, and Cox made a remark about his wife being always disturbed by accused. Witness laughed, and said a stop should be put to it. It was a . shame. Prisoner, who had been shaming drunk, hearing what was said, jumped up aud struck witness a heavy blow on the face. Witness tried to, retaliate, aud Wills' also set bn to witness. They knocked him down and kicked him vary severely, aud a man named Day picked him up. Some of his ribs were broken by the assault. Dr. Harding attended him, and ho was taken to the Hospital. ■ ■ ; r Cross-examined : On the morning of the day in? question witness had had five drinks, five of them having shouted. He; did not lift a bottle to strike accused with. Ho did not attempt to draw a knife on Wills. He did not call prisoner names, but said it was a crying shame to interfere with a married couple. James Day, a miner, said he witnessed tha assault in question. Josef was very abusive, seemed desirous be fight, and called accused foul names. Prisoner then knocked him down and struck him.

This was the case for the prosecution., Mr. Crawford said ha was inclined to treat the case summarily, but it appeared that complainant was bringing a civil action. Mr. Allan submitted that both cases could not be brought. Mr. Travers said that if the Court would allow him he would withdraw, the criminal information and proceed with the civil case. This was accordingly done, plaintiff suing for £25 damages, and the defendant Cumow was examined. He stated that on the afternoon of the 16th he went to Cox’s and laid down. He was shortly after awoke by a blow on the nose, and saw Josef beating Cox. Ho had a bottle in his hand, and balled witness foul names. They had a fight and rolled .outlie ground together. Witness fell on him, and would swear he did nob use his feet.

George Cox said he and prisoner were lying, on a bed, having their faces opposite each other. Witness was awoke by a blow, and discovered his face to be covered with blood and swollen, and that he had two black eyes. Curnow; whose head was at the other end of the bed, also woke up about, the same time through a blow on the face. 1 Jane Cox, wife of the . last witness, gave her evidence in a very flippant manner. She addressed two words to the Bench and five to complainant. She said, she saw Josef strike her husband, and he would halve struck her bad not Wills taken her part. •' Wills remarked : “ The man that lays his hand upon a woman, save in the way of kindhesss, is a, coward,” and he hoisted Josef right away out of the road. Witness treated the Court to, seme very remarkable observations. . His Worship : This case discloses a state of morals and manners among some of the people at Pukuratahi that can hardly be equalled amongst the most degraded and savage races on the face of the earth. .We have complainant acknowledging having had a number of glasses of beer and spirits on the afternoon in question, had the defendant, who ' appears to ■ boa man of i some ‘ standing and • edu- . ;cation, ’ commencing in the morning with three or four glasses of beer and spirits at the Criterion Hotel, and going on worse during the day. Whilst this early drinking was taking place what could possiby be expected but that a quarrel and soma damage would ensue , through it. A defence is set up, that the row was commenced by Josef striking Curnow and Cox in the house while they were lying asleep bn a bed. There are ; so many discrepancies in this evidence that I have no doubt whatever that it is a concocted story, and a rather bad one, and I do not believe a singleword of it; I therefore consider that I have no evidence of any part of the row until the parties were outside. The question arises as to what amount of damages should bo given. This is a trainsaction in which both parties are probably to blalne, but a certain amount of damage has ' 1 been- sustained by Josef, and there is none proved on the other side. Ido not believe the ribs of complainant were broken at this. time,because there is eyidenoe to show that later in the afternoon of the same day complainant l ; had a fight with another man a imed and it is hardly possible, if his . ribs were broken, that he could have : done that. I shall hot, therefore, give damages, for the full amount, but only for £5, with costs.

ILLEGAL LIQUOR TEAEWO. John Carroll, a resident at i Pukuratahi, was charged with selling spirituous liquors without - a license. John Gihbs, a youth of 11 _years, w»s. , placed in the dock, but immediately commenced to . cry. He said "he had been to school twice, but could not read or write. Mr. Ollivier, whq appeared for the defence, questioned the boy regarding his religious education, hut did not elicit any satisfactory s; reply. The boy “’Sposed he would be walloped if he told a lie, and believed his father was halt an American and half an Englishman.” There being a technical difficulty with the information, a fresh one was ordered to be Hall was also charged with selliuo- spirituous liquor without a license. Mi. Allan defended. . ' , , , George Josef deposed to going to defqnd- , . nut's house at Pukuratahi with a numb?* - ,, of others and purchasing a quantity of drink.}, - . In reply to his Worship, uv . Sergeant Smith, who conducted the pretj-jnu '- cution, said he would press for a heavy penalty, *cic aa the locality was distant a long way from a - r; police station, and there had beenprevious complaints made. : His Worship commented on tho demoraliaation caused by these sly-grog shops, and fined defendant 20s. and costs, , ;- ■

CIVIL CASES. William McKenzie v. Lewis Brown.—This was a claim to recover £SO alleged damages for breach of apprenticeship indentures. Mr Chapman appeared for plaintiff,'and Mr Fitz- » Herbert for the defendant. Plaintiff had been apprenticed'to defendant, to learn cabinetmakihg. Mr Fitzhetbert raised a preliminary objection, viz., that the indentures were not ... sealed, as required by. the Act. His Worship ; ruled the objection to be fatal, and nonsuited plaintiff. * T. Bowling v. E. Bradley.—Claim,of £2 10s on a judgment summons. Defendant was ordered to pay 7s fid a : week, in default .one . months’ imprisonment. C. Ludwig v. F. M. Bussell.—Claim of £1 for a ring supplied. Judgment by default, • with coats. t - . William Sykes v. Ebenezer Herman.—Claim. ■ of £sl 16s on a promissory note. Judgmentfor the full amount, with costs. ,i. Houghton v. Back.—Claim e£ £4 10s. Plaintiff paid £2 10s into Court, for which amount judgment was given, with costs,