RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume III, Issue 209, 29 January 1866, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch Esq,, E.M.) Ebiday, 26th Jan., 1866. Cbai'les Heker was brought up on remand on a charge of assaulting Mrs. Einily Hogue. The Resident Magistrate, on taking his seat on the bench, explained to Mrs. Hogue that she was not compelled to give evidence against the prisoner unless she wished to do so. Mrs. Hogue stated that she was desirous of punishing the prisoner for the assault complained of. Having been sworn, she stated that the prisoner, about 9 o'clock on the morning of the 22nd January, went to her room. She (witness) had just been giving her little girl some medicine, and lay down on the bed beside her while she went to sleep. Prisoner went into the kitchen. He had a paper in his. hand, and a pencil. He asked the servant to sign the paper. He was very abusive to the servant, and witness went to the kitchen, and . there heard him making use of language which witness could not repeat. Prisoner said he would make witness sign the paper, and upon her refusing to do so, he struck her with his fist on the chest, and knocked her against the corner of the mantel piece, and inflicted a severe wound on her head. Dr. Grrigor was then sent for, and the prisoner was given into custody. The witness further stated that the prisoner had several times threatened to stab her, and that she was afraid to leave her house lest he might do her some injury. Prisoner said, when he struck her, that he would have stabbed her if he had had a knife. He had also threatened to stab the servant. Cross-examined — It was nine o'clock when you were in my house. You struck me. I did not fall of my own weight. I did not fall over any stick in the room, or over the fender. There was no stick or fender there. I did not push you, or endeavor to snatch the paper from you before you struck me. You asked me to sign the paper after you had asked the servant to do so. The evidence of Eichard Trench, who witnessed the alleged assault, and who was examined on a former occasion, was then read over by the Clerk to the Bench, as follows : — I am a bootmaker, residing in Invercargill. On Monday afternoon, I was ! inMrs. Hogue'shouse,andprisoner brought j in a blank piece of paper, and asked Mrs. Hogue to sign it. Mrs. Hogue said she i would not sign it, unless she knew what it was for. Prisoner then went to the servant and asked her to sign the paper, which she refused to do, and upon that he said to Mrs. Hogue, " You b wretch, I'll make you do it," and struck her across the breast, and she fell. Her head came in contact with the cornice at the bottom of the mantlepiece. . Witness spoke to defendant and asked him why he had struck Mrs. Hogue, and the prisoner ! kicked him and ran away. Prisoner was sober. All this took place in Mrs. Hogue's kitchen in the afternoon. Mrs. Hogue was dressed. The cross-examination of this witness proved an amount of immorality which we donotthinkwelltopublish. The Magistrate ordered the defendant to enter into his own recognizance in £20, with one surety in £10, to keep the peace for six months. Bail was given, and the prisonerdischarged.