RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume I, Issue 18, 6 December 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

(Before J. Booth Esq., R.M.) drunkenness. A. Gilmore, and Kulene Tehau, wore fined fiv.i »hiilin>>s each, or in default 24 hours’ imprisonment , for tiio above offence. CIVIL CASES. BERRY V. BARRIE. Adjourned till the 9th of Januaiy.

BOURKE V. GOLDSMITH, No appearance of defendant. Enlarged till the 11th inet. CHOM V. AHABU BATAPV. Claim 4s 3d, balance of account for goods supplied, and costs in summonsing. Judgment for the amount claimed, with costs, 15s. COHBN V. G. FARAD. This was a claim on a judgment summons for £3 6s fid. An order was made that the amount be paid on or before the 18th of this month. In default of wayment four days’ imprisonment. W. ADA.IB V. E. GRUNER. Thli case was at ruck out ao the defendant had signed a declaration of insolvency. COM MOM V. FELLOWS. Claim ftnMfo,i ud 8 mßnt for wlli,,il ~ad previou*h.jp Ag’ Tpn * His Wo>4®Puydered that the amount be paid on or this day month. In default three days’ imprisonment. THOMPSON AND HILL V. GRUNER. This case was struck out as the defendant had signed a declaration of insolvency. PARNELL AND BOYLAN V. HOLLAND. Claim £1 Os 9d, for goods supplied. No appearance of defendant. Judgment for the amount. ADAIR v. TURTON. Adjourned till the 29th of January. J. EAST V. C. PRIESTLY. Claim £1 llfl, due to the estate of S. J. Bromley. After taking evidence, Mr Whit combe, on behaif of tne defendant, applied to his Worship for a nonsuit as the plaintiff had not brought any evidence to prove that he was the debtors trustee. The application was granted. (Before W. Common and W. H. Tucker, Esquires, J.P.’s.)

S. M. WILSON V. J. STUART. The defendant was charged that he did, on the 3rd of this month, unlawfully and violently assault and beat him, informant, by striking him on the face with his fist and by pulling at his beard. Mr, Brassey for plaintiff, and Mr. Robinson for defendant. S. M. Wilson deposed lam the proprietor of the Albion Hotel. The defendant was in my employ. <>n the day in question the defendant came to the bar, and asked for a glass of whisky. I was then present. Mrs. Wilson refused to give it, as he was worse for liquor. I asked him to leave the bar, and go on with his work. He asked m« to come outside and he would take it out of me. I would not go, and he thereupon struck me in the eye with his fist. When he struck me he got his apron off, and laid hold of me by the whiskers. A scuffle ensued, and he threw me to the floor, pulling my whiskers all the time. Several people crowded around. I gave defendant no reason for hitting me. To Mr. Robinson I was present when the defendant called for the whisky. I was quite close to him. We were in the private pa-sage I di«i not come running in and ask Mrs Wilson what he whs asking for. Not one word pas-ed between my wife and self at the time. I told the defendant to go to his work, and I told him he was the worse

for drink, He said he was not drunk. At the bar window he struck me in the ere. and ■ closed with me I could not say which of ns r left first. I walked away first and he followed me outside the passage leading to the side verandah. He laid hold of me by the hand by the dining-room door. He got me into the dining-room and again had me down. Mr Brassey pointed out that in the excitement of a scuffle of this sort it was most difficult to remember all the ci cumstances. Cross-examination continued :—Did not go Straight into the dining room. Pure that the defendant was not standing at the dining-room table when he (Wilson) rushed in and seized hold of him (the defendant). Did not ••all for help, could not swear who was there. Mrs Wilson was there part of the time, but did not join tn the scuffle. Did not- know whether 0- Johnson was there. Martin was there. Did not know who separated them. Had not hold of defendant by the throat. I bit his hand which held my beard. I did not rave anv of the beard w ich defendant nulled out. I spoke to the defendant quietly a-d did not challenge him to come out and fight. Wns not turned out of the room and did not tell him to come out. and Mrs Wilson did not scratch the defendant. By the Bench : —The half-door is at th* end of the passage. Defendant first struck him just outside the door by the dining-room and kitchen. Nothing toek place after he came out of the dining-room, and he did not strike at the defendant. Re »xamin**d by Mi. Brassey: He did not strike the defendant first. Charlotte (’avanagah was employ'd by Mr Wilson, and saw the di-turbarve. Was standing at the offl -e door on Monday abou< 10 o’clock. The defendant wa sthe wor*e for drink Did not hear him ask for drink. Heard Mr. Wilson ask d fendant what wa*

the matter, and said it was right to refuse him the drmk. The defendant asked Mr Wilson whether he was drunk, and Mr. Wil«on s>iid yes. The defendant then chal'enge I Mr Wilson to go out and fight, but Mr. Wilson put his hand on th« defendant’s shoulder, and asked him to go about his work. The defendant then struck complainant. Cross examined by Mr. Robinson: Was housemaid. Came down to see Mr. Scott at the time of the oc-urreme. Was standing at ’he door of the office, and the disturbance took place in the passage. Saw it all. Did not hear the defendant ask for whiskv Heard Mrs. Wilson say, “ If you want to get drunk, put your coat on and seek it elsewhere ” Mr. Wilson was just «oming in fr-»m the back, and could not hnve b en present when the whisky whs asked for. As Mr. Wilson came in he pass d the defendant, wuo was abusi -g Mr. Wilson. Cou d not hear wh»t he said. Mr. Scott was in the office Mr. Wilson ask- d him what was the matter, and then said it was quite rig'-t to refuse him drink, and f llo»ed the defendant out of the back door, where he (Wi son) asked defendant to go about his work quietly. Defendant then struck Mr. Wilson, who puehedjAim backwards, but the defendant again rushed at him and strnck a second time. Mr. Robinson then stated his case to the Court, and called attention to the discrepancies in the cmnp’ainant’s eviden e, and the last witness’ version as to Mr. Wilson being present at the time the whisky was for, and < ailed J. Stuart, who was recently in the employ of Mr Wilson, and on the occasion mentioned went and asked Mrs. Wilson for the glass of whisky, and when she refused he said there were other houses in the town. Did not say anything else. Mr. Wilson rushed in and told him to clear out, as he was drunk. He (defendant) went to dining-room to go on with his duties. Before he went out he told Wilson he was not drunk, and askrd him to come outside if he thought so. He wen: straight to dinuig-ro.in and was dusting the table when Mr. Wilson came in and caught him by the throat and forced him on the ground. Was underneath and tried to liberate himself, when Mr. Wilson bit him on both hands. Mr. Wilson called for help, and Mrs. Wilson came in and performed a

little fancy work on his face, Johnson and Martin then came in and pulled Mr, Wilson off, and put him outside the door. When Mr. Wilson got outside, he called out, “Come out, and I will take it out of y »u.” When he (witness) went outside, Mr. Wilson struck at him. I distinct y swear that Mr. Wilson commenced the assault in the dining-room. By Mr. Brassey : I swear that I did not strike Mr. Wilson. Mrs. Wilson refused him and said he was drunk. Mr, Wilson may have heard the refusal when he rushed in. The reason I asked Mr. Wilson t • come out was because he was annoyed at the manner in which Wilson spoke to him. He took off his apron to lay on the table. Mr. Wilson was put out by the billiard marker. I would not swear that it was him. lam certain Wilson bit me on both hands. I had to try and release myself from his grasp. If I had not have done so I would have been choked. I did not attack Wilson, nor was I the aggressor in any way. I will swear tu it. The witness here produced certificates from previous employers to prove his good character.

To the Bench : I did not strike plaintiff at a’l. There was no scuffle whatever at the back door. The scuffle in the dining-room was the first that took place. was no reason in my mind for taking off my apron, other than that it was time to do othei work.

This was the plaintiffs case. Chas. Johnston deposed :—I remember the day in question. I went into the diningroom and saw plaintiff holding defendant by the throat. Defendant was black in the face. I did not hear any scuffling. When I saw the position of the two, I caught hold of Wilson and told him to go out. Mrs. Wilson was in the room, she was kneeling down by Mr. Wilson. When plaintiff went out of the room he said come outside and I will take it out of you. I saw defendant’s finger in plaintill’s mouth. We shut the door and kept the defendant in, we opened it shortly afterwards to let Mrs. Wilsou out. Defendant then went out and plaintiff put up his hands in a fighting attitude. Defendant then struck at him, but missed him. He was not drunk.

To Mr Brassey—l am sure defendant was not drunk, and also that plaintiff was biting defendant. 1 did not se>* the first of lhe quarrel. I have not got notice to leave plair tiff's employ. I was called to go t e dining-room by the second cook. To Mr Robinson—l heard Mrs Wilson calling for help, but not Mr Wilson. To the Bench —I whs in my own bedroom when I was called. My bedroom is downstairs at the back of the kitchen. A seuffb* might have taken place where it did, and I might not hav heard it. Jar. Martin, deposed—l recollect the 3rd of December, sometime between 10 amt 11 u’clo' k. I whs in my room when the cook came and asked me to come and separate Mr Wi son and defendant, who were scuffling I went and saw plaintiff and defendant struggling • n the floor. Plaintiff was holding defendant by the throat. Defendant had plaintiff by the beard I took hold of Mr Wilson and pulled him off. Wilson then left the room, and I did not hear him sing out anything. I was holding defendant to keep him quiet. I did not see Wilson biting thefdefendant’s hands. R. Watson—l know the informant and defendant. I recollect the 3rd instant. The defendant waited at the table. I did not see the defendant was drunk that morning. I saw him about Bor half-past. To Mr Brassey—l cannot say how long it takes a man to get drunk. David Isles—l reside at the Albion Hotel. I remember the 3rd instant, I was at breakfast there. Defendant was waiting at the table. He was not drunk in my opinion. Willie Good—l reside at the Albion Hotel. On the 3rd December I was at breakfast there. The defendant was waiting at table. He wm perfectly sober as far as I could see. This was the defence.

Their Worships reserved their decision till half-past three. On resuming at that time, they stated they would prefer hearing the evidence of the man Scott, who was a spectator to the scuffle, before giving judgment.

Mr Scott was, therefore, sent for and deposed—l remember the day in question, also the disturbance. I saw nothing of blows or anything else. When defendant went out I could hear him. I beard a noise outside the door. I could not make out any conversation. On or about that lime the housemaid had been speaking to me. After she went to the dining-room where the disturbance was. The first scuffle of which I had any knowledge occurred in the diningroom. A scuffle could take place at the back door and I might not be cognizant of it. Mr. Wilson niighc have been struck without my being a«are of it. Their Worships said in consequence of the conflicting evidence they would dismiss the case, ami leave the question of costs till after the hearing of the other cross-action, J. Stuart v. S. M. Wilson. J. STUART V. 8. M. WILSON. The defendant was charged with unlawfully catching him by the throat, throwing him on the ground, and biting him ou the hand, on the 3rd day of December. The plaintiff was then put in the box, and gave evidence similar to that given in the previous case. Mr Robinson said that Mr Brassey and himself bad come to an amicable arrangement, and he had decided to withdraw the

The case was therefore withdrawn, and the Court adjourned.