RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5413, 2 August 1878, Page 2

RESIDENT MAGISTRATE’S COURT.

Thursday, August 1. (Before T. A. Manstord, Esq., R.M.) ASSAULT. John lago was charged on the information of Sarah Aim Roberts. From the evidence it appeared that the complainant lived at a place called Jones’s, in Willis-street. The prisoner asked her for his clothes, and drew a knife. She begged him not to use the knife, and he then tried to choke her. Prisoner knocked her down, and tore the ribbons from off her dress. She had formerly lived with lago, the prisoner, but latterly he had been away to Napier, and during his absence she had got married, and this, she presumed, annoyed him., lago, in defence, stated that he was the worse for liquor at the time of tho occurrence. He asked complainant where she had got the dress from that she was wearing, and she replied from Roberts. lago then said, “ Yon ' are not married to him, take it off.” She subsequently took it off, and ho tore it up. lago denied having struck her, stating that he was too fond of her to do so. His Worship said that neither party deserved much consideration, and ordered the defendant to pay a fine of 10s. and costs. There was another charge against the Same defendant ; but his Worship considered that tho action should be brought civilly. CIVIL OASES. Kennedy v. Soutar. —This was a claim for damages, assessed at £SO, for an alleged assault and false imprisonment. Mr. Fitz Gerald appeared for tho plaintiff, and Mr. Travers for the defendant.—His Worship said that under the Resident Magistrates Act he had no jurisdiction to try tho action for false imprisonment. It was a case for the Supremo Court. As, however, tho opposite side 'did not object, the case was proceeded with as one of common assault. It appeared from the evidence that tho plaintiff, while at the wheel on--oth May, injured his hand, and the captain insisted on him going to work. Plaintiff refused, stating that he was unable to work. The Captain then put him iu confinement, and fed him on biscuit and water for upwards of a week. Several of the crew of the vessel corroborated these facts. After Captain Soutar gave evidence, his Worship said that if ho had the power to deal with the case as one of false imprisonment, he iu all probability would have awarded the plaintiff the full amount claimed. Dealing with the assault alone, he gave judg*, ment for plaintiff for £lO and costa.