RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 885, 20 January 1868, Page 5

RESIDENT MAGISTRATE'S COURT.

[ (Before H. M'Cullbch, Esq., . E.M. and ' '■■$. Nutter, Bsq., J.R) ■; . ' Tuesdal , 7th 1868. i- Jobn^Moir Wood, an.old.p^fendet'j was fined 20s, ojj 48 hours iniprisbnment for drunkenness; an 4 oh.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'JCwen was dismissed, the complainant not being in attendance when tHe ease was called. "We dkesdat, Bth Janttjlbt. Thomas M'Ewen was charged with an assault upon. A. J. Devereux of -Harris--ville. Jroni the.'evidence of the prosecii-;: tor it appeared that on the 3rd inst.y 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 goti the defendant outside the cLobr- '■ Defendant ; then Shattered at the door and put his knee' through it, when other persons came to the spot and; complainant came put;- From the: evidence of the witnesses a fight, .then: took place, and the combatants. havingbeen 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 thexsomplainant had enquired for <• the . • • defendant ,at the Plough Inn; and on; Mr Stanfield, the landlord, stating that defendant; was not in his house, the complainanfc^in-: formed Mr Stanfieldi thatif?he.(Mr S.): took tbe . defendants, partuJie;(complainant), was " his Moses," aa 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:£lo Note, and inquired whether the complainant was possessed of a document of a similar value, with a view probably to an adjust-, lhent 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 raaii. niet them and challenged defendant to fight. Witness tried to make peace between them when the complainant came up and inquired whether witness rwanted tf polishing off" as he (complainant) could do it for him. The witness however 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 considera-: tion he should inflict a fine of £s ' with'.' costs , 21s. : ' An : information by the wife of the .complainant in the above case,-^.gaint the* same defendant, for assault, was dismissed; 1 ; • . . .-;