SUPREME COURT.

Poverty Bay Standard, Volume 1, Issue 12, 21 December 1872, Page 2

SUPREME COURT.

NAPIER. (from our special correspondent.) (Before his Honor Mr. Justice Johnston.) Read v. Horsfall. The Supreme Court was occupied on the 13th in§t., with a civil action Read v. Horsfall, a claim of £5OO damages for an assault committed on the 16th September at Gisborne, Povert y Bay. Mr. Wilson represented the plaintiff, Mr. Lascelles , the defendant, and the case wag heard before a special jury. The first witness was a commercial traveller named Mann, who deposed that bn'the day in question, at about 5 p.m. ho was walking with the plaintiff, when the defendant came up and demanded : “What did you mean by sending me that message this mornin <r.” Captain Read .replied, “ I sent you no message/’ whereupon defendant struck him several severe blows in the face, knocking him down, and kicking him afterwards. Witness did not interfere, but some other people came up and separated the parties. Captain Read gave a very similar account of the assault, as also of Some of the circumstances which led to it. It appeared that bn the same morning his clerk brought him an account from defendant which he threw back with a very indecent expression. Dr. Nesbitt was examined as to the injuries sustained, which consisted of a number of cuts and bruises, a black eye, and a tooth knocked out Another witness gave an account of the assault, differing in some trifling particulars from.the first witness’s account. Mr. Lascelles, who, through some technical omission, was upablp to call evidence jn mitigation addressed the jury’at considerable length arguing that the accounts of the assault were greatly exaggerated • also that the matter might have been very welUealt with by the District Court at Poverty Bay, from which place- all the witnesses had. been brought. Mr. Wilson replied, stigmatising the assault as gross and cowardly, and asking exemplary damages. His Honor having addressed the‘jury, they retired, 'arid after a short absence returned a verdict that thp assault had been committed, damages £5O. - " ' ' . ' Mr. Wilson asked that the costs might be certified, which His Honor declined to do, on the, ground that the case was quite within the jurisdictidn of the District Cburt. The. difference' in cost between an action in the District Court and the Supreme Court, as well as costs of special jury, &e., will thus fall upon fhe plaintiff. There being no further civil cases, the Court adjourned.

Bv the Rangatira from the South and the Star of the South from the North, we received, our usual files, from which we clipihe following: —Mr. G. B. Worgan has been suspended.- —The District Court of Hawke’s Bay (including the sittings at Gisbornp) will be. abolished after the 31st. instant. —Major Camming is ill at Wairoa. —Maaka Ritau has been condemned to death by Mr. Justice Johnston at Napier.—Tenders for conveyance of mails have been accepted for 1873 as under—Wairoa and Poverty Bay, R. Gardner £7B Gisborne and Ormond, John Bidgood £39. —It is reported that a criminal action has been entered up by Mr.. Worgan against Mr. Donald : Smith.—The Hoh. Dillon Bell Speaker of the House of Representatives has received Knighthood. — Horace Greely Proprietor and Editor of the New York Tribune ri dpad.—The Royal Adelaide for Sydney is wrecked, olf Portland, 10 lives lost. —Australian mails by both routes have arrived.—A. majority of 36 votes affirmed Thiers’ continuance in power; French funds rose accordingly.—7oo desertions take place monthly from the British army. —The dying depositions of Lady Doughty have been taken. —Jay Gould, a member of the Erie railway “ring,” has been arrested, defalcations supposed to amount to fifteen million dollars. — Insurances all promptly paid on account of Boston fire.—Mr. Ormond’s house at Wallingford has been burnt. —Mr. W. Kelly M. has been elected a member of the A uckland I’rovincial Council for the Pensioner settlements in the room of Mr. Freer, deceased. —Captain Armstrong’s residence at Epsom has been destroyed by. fire. —Brickley, the sailor belonging to the Ballarat, who drifted to sea in the pilot’s boat, lias been picked up. —Colonel McDonnell is reported to have thrown up his appointment as R.M. at the Chatham Islands. — One case of Scarlatina occurred onboard the Palmerston at Otago, the Captain has received a testimonial from the passengers. — The Christian M‘Ausland’s passengers are landed, and there are no fresh cases. —Mr. McAndrew declines to call the Council together.—The J. N. Fleming has cleared for London. — The following come from Adelaide : A violent scene took place at the Assembly; the doors were forced ; great excitement.—Sir James Fergusson has left for England. A valedictory dinner was given to him by the club.—The chief Secretary has been made a Knight Commander of the Order of St. Michael and St. George, and Mr. Todd and the Agent General have also been made ..Companions of the same order. —At Port Chalmers the Naval Brigade beat the officers of the Dido by 236 points. —Mr. Jonas Woodward has been appointed accountant in bankruptcy.— There have been great rejoicings in Wellington on the arrival of the steamer bringing intelligence of the safety of one of the missing boats from the City of Newcastle. The boat was picked up by the John Knox in the straits and taken on to Sydney. The - Wellington Post publicly thanks the mate of the City of Newcastle (Mr. Hamill) for his noble behaviour in saving lives during the wreck.—Mr. Stanley is to receive £lO,OOO to deliver a course of lectures in the United States, describing his discovery of Livingstone.—Judge Barnard of the Erie ring notoriety, has been ignominiously dismissed from the Bench.—A Telegram from Dr. Featherston says : The November mails from England did not reach San Francisco in time to catch the New Zealand steamer as the Atlantic boat broke down. —-Glenora for Wellington put into Mauritius dismasted.—A ship, supposed to be the Jessie Readman passed Otago heads.