RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 881, 13 January 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch, Esq., R.M. and F Nutter, Esq., J.P.) Tuesday, Jan. 7th 1868. John Moir Wood, an old offender, was fined 20s, or 48 hours imprisonment for drunkenness ; and on a second charge of assaulting a constable in the execution of his duty, was fined £3 or 7 days. A charge of assault preferred by A. J. Devereux against Thomas M'Ewen was dismissed, the complainant not being in attendance when the case was called. Wednesday, 8th January. Thomas M'Ewen was charged with an assault upon A. J. Devereux of Harrisville. From the evidence of the prosecutor it appeared that on the 3rd inst., the defendant went to his house, and without any provocation knocked him off a chair on which he was sitting and kicked him ; that a struggle ensued, and complainant with the assistance of his wife got the defendant outside the door. Defendant then battered at the door and put his knee through it, when other persons came to the spot and complainant came out. From the evidence of the witnesses a fight then took place, and the combatants having been separated, the defendant, who was intoxicated, was conducted to his own home. Some misunderstanding appeared to have existed between the parties. On the previous night the complainant had enquired for the defendant at the Plough Inn, and on Mr Stanfield, the landlord, stating that defendant was not in his house, the complainant informed Mr Stanfield, that if he (Mr S.) took the defendants part he (complainant) was " his Moses," an expression which the witness informed the Court was not one of endearment. The complainant appeared then to have put himself into a fighting attitude, upon which Mr Stanfield produced a £10 Note, and inquired whether the complainant was possessed of a document of a similar value, with a view probably to an adjustment of all differences, but nothing further took place. A witness named Kemp stated that on the previous evening he was with the defendant, and a man met them and challenged defendant to fight. Witness tried to make peace between them when the complainant came up and inquired whether witness wanted "polishing off" as he (complainant) could do it for him. The witness how-, ever declined to undergo the operation. At the conclusion of the evidence the Resident Magistrate said that although there was evidently ill blood between the parties, and might have been some provocation, nothing would justify the defendant going to complainant's house and committing an assault; which did not appear to be denied. The defendant had been convicted for assault a few months ago, and taking all things into consideration he should inflict a fine of £5 with costs, 21s. An information by the wife of the complainant in the above case, againt the same defendant, for assault, was dismissed