R.M.'s COURT— GISBORNE.

Poverty Bay Standard, Volume II, Issue 150, 21 March 1874, Page 2

R.M.'s COURT— GISBORNE.

Thursday, March 19, 1874. [Before W. K. Nesbitt, Enquire, R.M.] Mart Btrne, charged with being drunk, was fined ss, and the expenses of cart hire in taking her home. Patrick Maher, similarly charg-d, denied having been drunk on the night of the 18th March, was committed to jail for seven day* H. Ross was charged under the Rural Police Act with furious riding in the streets of Gisborne. Case dismissed. A charge against T. Uren for abusive and insulting language was withdrawn. DALY V. DALY. This case wbr brought under the “ Destitute Persons Relief Ordinance, 1846,” for alimony. Mr. Wilson for plaintiff, and Mr. Cuff for defendant. Mrs. Daly, sworn, states: My name is Adelaide. lam wife of defendant. Defendant put me out of doors on several occasions, and refused to support me. He is able to support me. I claim £1 a week maintenance money. By Mr. Cuff: lam lawfully married to defendant. We were married in the East Indies 9 years and 6 months since. I was married in the name of Adelaide Abbot. I was John Abott’s widow. I was lawfully married to him. I was not married to anyone of the name of Sweeny. Defendant turned me out because he said I was drunk. He often accused me of being drunk. I deny having been drunk. Defendant told mo he would crucify me if I did not go away. When I left I went into the scrub to conceal myself. I went, into no one’s house when I left. I had a blanket with me that I bought from a Maori. I did not seek shelter in Clarke’s house.

George Clarke, sworn .states : I know Mrs. Daly. I have seen her frequently lately. I believe I saw Mrs. Daly at my house about a week since. I cannot say at what time of the day or night. She has been at my house lots of times lately. She was not there for two or three days. She was not there one whole night ; she may have been there a portion of a night. I swear positively I have had no connection with Mrs. Daly. There is only room for one in my house. I have been drinking, and cannot recollect clearly what has happened about Mrs. Daly’s visit to my . house. John Chandler, sworn, states : I know Mrs. Daly. I recollect seeing her in Clarke’s house about a week ago. I only saw her there once about the middle of the day. She was dressed, but had no bonnet on ; she was sober. Clarke was not sober. Mrs. Daly asked me to get a trap because it would not do for her to stay there with a drunken man. Mrs. Daly did not remain at Clarke’s ; she went to Maher’s the same day. Richard Kelly, sworn, states : I know both plaintiff and defendant. Ido not know anything of plaintiff’s character. I saw her the worse for liquor on one occasion. I believe Mrs. Daly left Daly through drink. Daly has told me not to supply plaintiff with liquor. Mary Maher, sworn, states: Mrs. Daly came to my house on the 11th March, and asked for shelter, as she had been out in the scrub for three days and nights. Mrs. Daly told me Daly had turned her out of the house. The Bench did not consider that “ reasonable cause ” had been proved for defendant having deserted his wife, and ordered that he do pay 7s a week towards the maintenance of Mrs. Daly, with a nominal penalty of Is and costs. RINA HINIRARO V. GILMORE. —ASSAULT. Mr. Cuff for complainant; Mr. Wilson for defendant. Rina Hiniraro, sworn, states: I live at. Captain Read’s woolshed, I saw defendant on the 17th March at the Ferry Hotel. I had a cart with me. I left the cart at Wharaurangi and crossed the river to fetch some potatoes. I put them on the cart, and Gilmore came up and asked me whose cart it was. I said Captain Read’s, and he struck me three times on the head with a stick. (Stick produced.) I fell down insensible. I said nothing to him to cause him to strike me. The doctor dressed my head. By Mr. Wilson: Gilmore was not fencing at the time. I did not attempt to pull down the fence. He struck me because the cart was on his land. There were three others with me. None of us attacked Gilmore with sticks. Peta struck Gilmore with his fist after Gilmore’s assault on me. The third blow rendered me insensible. Paia, sworn states : Rina is my mother. I was with her on the 17t h March. Gil more said why do you come here. My mother said she has come to fetch potatoes; she was told to do so by Captain Read. Gilmore struck my mother with the stick produced. My brother then struck Gilmore. By Mr. Wilson : The first blow was on the shoulder. When my mother fell, my brother and I took her to O’Donoghue’s Hotel. We went on to Gilmore’s land because it was the best landing place. We did not enter through a slip panel. The land was not fenced. Peta Komini, sworn states : When our cart went on to Gilmore’s land it was with his consent. I recognize the stick with which Gilmore struck my mother. After striking my mother, he also struck me, By Mr. Wilson : My mother fell at the second blow, the last blow was on the shoulder. Paia assisted my mother after she fell. T. O’Donoghue, sworn states: I know complainant. She came into my store on the 17th, and said she had been beat* n. I washed her head and gave her some brandy and she went away. The wound was only skin deep. By Mr. Wilson : I examined the stick produced and saw no blood on it. She did not appear to be very weak. For the defence: Lydia was called but beyond proving that Gilmore was drunk, said she knew nothing of what had occurred. The Bench held that a cowardly assault had been committed and ordered defendant to pay a fine of £lO and costs or in default two months’ imprisonment, £2 to go to the complainant. BOUSFIELD V. MATHIEBON AND HARRISON. — ADJOURNED CASE. Claim, £5O. Balance of survey of the Rangatira Block. Mr. Cuff for plaintiff; Mr. Wilson for defendants. Re-examination of witnesses took place by consent. O. L. W. Bousfield, sworn states: I arranged with Mr. Hamlin to do this survey, and to be paid on the sitting of the Court. I dealt with Mr. Hamlin as agent of defendants. I would not have dealt with Mr. Hamlin unless backed by responsible people. I have received some money on account from Mr. Hamlin.

By Mr. Wilson: My arrangement with Mr. Hamlin was at per acre. Mr. Hamlin did not say who his principals were, but I knew

who they were. Mr. Hamlin did not till me he had previously offered the contract to Mr. Skeet. Mr. Hamlin ]>aid me some money ori the contract. It was arranged that the balance would be paid at the sitting of the Native Lands Court, and not when the land passed through the Court. Mr. Wilson addressed th- Court on a point of law. He maintained that there was n 0 evidence to .how the existence of anv authority from Mathteson and Harrison for Hamlin to act as th. ir agent and moved for a non suit The Bench decided that the case should be gone into. For the defence. Mr. Mathieson, sworn states : I am one of the defendants in this case. We did not employ Mr. Hamlin ns agent. We employed him as a contractor to put the land throu th the Court and give us a cleor title. Mr Bousfield has said he did not blame us, as he looked to Mr Hamlin for the money. Our agreement with Mr. Hamlin was that we wera to hare no responsibility in the matter until the title was clear. • Cuff: The sum agreed on was to include all We have paid Mr Hamlin £5O on account of the survey (receiiit produced) I know nothingabout the agreement between Mr. Hamlin and Bousfield. R. M. Skeet, sworn states : It is usual to make arrangements for a portion of the money to be paid on completion of the survey and the balance on the land going through the Court. Judgment for plaintiff. Mr. Wilson gave notice of appeal. Friday. COLEBROOK V. HOLFORD. Claim, £2 16s, for fencing of town section No. 212. Liability denied. Robert Colebrook, sworn, stated that the claim was made under the Fencing Act for half of division fence between his and defem • ant’s property. Defendant said that he had sold the section and had no beneficial occupation in the land he sold it on the 14th February, and the fence was not erected until the 17th’February. Judgment for plaintiff £1 10s. PARNELL V. BENSON. Mr. Wilson for plaintiff; Mr. Cuff for defendant. Claim £9 13s 9d. Claim admitted, and counsel offered to take instalments. Judgment : Amount to be paid by instalments of 10s weekly. RIPERATA KAHUTIA V. STEVENSON. Mr. Cuff for plaintiff; Mr. Wilson for defendant. Claim, £2O, for damage done to certain fences, the property of plaintiff, at Waikanae. Mr. Wilson pleaded non-liability. Riperata Kahutia, sworn, states : I own property at Waikanae. I know Stevenson. He has pulled down some of my fencing. I did not consent to their request for permission to pull down the fence. By Mr. Wilson : Mr. Stevenson did not tell me he had bought the fence from Rota. W. H. Tucker, sworn, states: I know th* land alluded to on which the fence in questiod was. It was on Riperatn’s land. Al plaintiff’s request I wrote to defendant, asking him to desist. Between eight to ten chains were destroyed. Case adjourned to Thursday next. Pitau v. Read.—Adjourned sine die. Riperata Kahutia v. Mikaere Turangi.— Adjourned for one week. Read v. Sorry.—Withdrawn. Read v. Wi Pere.—Withdrawn. Boylan v. Te Teira.—Claim, £7 9s 10d. Judgment by default.