RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume IX, Issue 925, 12 March 1881, Page 4

RESIDENT MAGISTRATE’S COURT, GISBORNE.

Thursday, March 10th, 1881. [Before M. Price, Esq., R.M.] ’ W. 11. TUCKER V. E. ff. WARD. —ASSAULT. Mr. Turton for complainant; Mr. Finn for defendant. The charge was that defendant assaulted complainant in the public street by striking him with his fist. W. H. Tucker, sworn, deposed, through his counsel, to the nature and manner of the assault, and stated that he was not aware of having given defendant provocation. The evidence of several witnesses was taken at length, from which.it appeared that Mr. Ward accosted Mr. Tucker in the street, and asked him if it was true that he (Mr. Tucker) had been circulating defamatory reports about himself (Mr. Ward). Complainant’s reply was not satisfactory, and Ward thrust two or three blows at Tucker through vexation. He had no desire to assault Mr. Tucker, but was excited at the time. His Worship delivered a long homily. He would not entertain Mr. Finn’s defence of the assault being trivial and justifiable. It was his opinion that men of education and position should keep themselves under control. If one was called an opprobrious name, or otherwise insulted, a blow struck in anger might be an excuse or palliation ; but where there was time tor reflection, and a man did

not seek revenge in hot blood, it was the reverse. As to the ’ * human nature ” theory set up by counsel for the defence, that was an element he could not entertain ; and would mark his sense of the quality of the offence by inflicting a fine of £5 and costs. Friday, March 11th. ROBJOHN’s IRVINE & CO: V. PARAU. Claim £1 10s. uGoods sold and delivered. Judgment for plaintiff, with costs. SAME V. SAMSON JOHNSON. Claim £12,4s fid. Goods supplied. J udgment for plaintiff, with costs. PARNELL & BOYLAN V. SHEEHAN. Application for a judgment summons for £lOO. Granted. J. DICK V. A. ROBB. Claim £B, for use and occupation of certain premises. Judgment for plaintiff, with costs.