RESIDENT MAGISTRATE’S COURT, GISBORNE.

Poverty Bay Standard, Volume X, Issue 1048, 14 March 1882, Page 2

RESIDENT MAGISTRATE’S COURT, GISBORNE.

Monday, March 13, 1882. [Before M. Price, Esq., R.M.] Apeati tellame v. Andrew Gregg. This was a case of assault by throwing the plaintiff into theTuranganui River on the Sth instant. Mr. W. L. Rees for the plaintiff. Defendant pleaded not guilty. Apeati te Hame, sworn, deposed : I was going across the river in the ferryboat on the evening of the Bth instant, with me was Miriana, Aperahama and two others. The accused was the ferryman. When we get on the other side I tendered him the money. Aporahama also tendered him the money. I gave him Is Cd, Is was by mistake ; it fell out of my hand by accident, and I asked him to return it. He gave me back 3d. I said “No, give me Is.” Without more ado he seized me by the shoulder and threw me into the water. I was just getting out of the boat when he threw' me into the water. The shilling fell out of my band into defendant’s by accident. R. Maki, sworn, deposed: I was over on the other side when Apiata came over with some other Natives in the ferry-boat. As it touched the shore the Natives got up. Apeati dropped some money (Is) and there was a scramble for it. The accused in shoving Apeati away tumbled him over the side. I first saw the shilling in the bottom of the boat. I did not see the shilling tendered. The boatman and Apeati scrambled for the shilling, and in the scramble Apeati fell over the side of the boat. Andrew Gregg, sworn, deposed: On the Bth, -I had six or seven Natives in my boat. Plaintiff was the last man getting out of the boat. Paro gave me a shilling and it fell in the bottom of the boat. We both scrambled for the shilling; at did not belong to Apeati. He gave me 6d and 1 gave him 3d back. In the struggle Apeati fell overboard. Paro, sworn, deposed: Remember

crossing in the ferry-boat on the evening of the Sth inst. Apeati and others were there also. Defendant was the ferryman. When we got across 1 gave the ferryman Is for myself and Mary, and it fell down to the bottom of the boat. I saw it fall. I said, “ You see the shilling down there,’ and 1 went away, Plaintiff was then sitting in the stern of the boat. I did not see the struggle. I did not hear Maki ask for the shilling. R. Maki re-called: I told defendant that we had lost a shilling; he had better give it up, and the ferryman said he would sooner give me a shilling than have a row about it. The Magistrate held that there was no assault in law. The alleged assault having arisen from a tussle between defendant and plaintiff, and such beiug the facts dismissed the case. This was all t he business.