RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1160, 27 September 1882, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

This Day [Before M. Pbicb, Esq., R.M.] CHIMNEY ON F-KE. George Johnstone was charged with allowing his chimney to be on fire on the 16th instant in the house occupied by him in Lowe-street. The defendant admitted the offence, and said that the chimney had been swept three months oago. The chimney was only on fire for about a minute. The fireplace was an open one. The Bench fined the defendant ss. ASSAULT. William Burnand was charged with assaulting Daniel Jones on the 20th instant at Waerenga-a-hika. Mr Brassey appeared for the complainant, and Mr Nolan for the defendant.

Mr Brassey briefly opened the case, and called the complainant, Daniel Jones, who stated : I live at Waerenga-a-hika. I know defendant. I was at Waerenga-a-hika last Wednesday, 20th inst., at the Sir George Grey Hotel; defendant was there. I was walking along the verandah of the hotel, and defendant, without my saying a word, hit me with his closed fist on the side of the head. I asked him what that was for and he did not reply, so I told him he w’ould suffer for it; I then took out a summons.

Cross-examined by Mr Nolan: I did not say a word to either Walls or Buruand before the blow was struck. I had some drink before this ; I did not attempt to knock Walls' head off; I was sober enough ; de fend ant struck me with his closed fist; I did nut take off iny eoat and waistcoat and ask to fight him; I was not skylarking with Walls. Albert Tardicu, called : I was present at Waeruuga-a-hika on the day in question j I saw defendant strike Jones with his fist; I did not hear Janes say anything to defendant or give him any provocation before defendant gave Jones a black eve. Cross-examined by Mr Nolan ; Jones did not fall down, or hurt himself so as to get the black eye. Mr Nolan having opened tho case for the defendant, called

George Walls, who stated he was a settler at Waerenga-a-hika. He was at the Sir George Grey Hotel on the 20th instant. Defendant and Jones were there. Jones came up aud took off his (witness’ hat.) He told him he did not want to skylark with him, Jones then drew his hand across the witness's face. Jones then went overaud trod on defendant's toes. Jones was not sober, nor was ths last witness, Defendant gave him a push and blacked Janes' eye accidentally, By Mr Brassey : I was sober. There was no blow struck. Defendant used the palm of his hand. Jones was staggering. Defendant did not strike Jones with his fist. William Burnand (defendant) called—lam barman at the Sir George Grey, Waerenga-a-hika ; I remember the 20th instant; Jones came and asked for two drinks ; I refused him, and he came back with the Frenchman and asked for two drinks again, which 1 also refused and told him to go to the “ boss ■Jom::- hhb humbugging about, aud lauuldimtully hit him in the eye • both Julies ami the F('t.iu!ii«tiuii were thu worse fur liquor. <‘russ-examiued by Mr Brassy I. did nut

hit Jones with niyfist; I merely pushed him away, and my hand happened to catch him on the eve.

This was all the evidence. The Bench said that they would dismiss the case as it was of such a trivial character, each party would require to pay their own costs.