RESIDENT MAGISTRATE'S COURT, TEMUKA.

Temuka Leader, Issue 703, 29 November 1881, Page 2

RESIDENT MAGISTRATE'S COURT, TEMUKA.

Monday, November 28, 188 L. (Before S. D: Baiker and J. Mendelsou, E*qrs, J.P's.) ALLEGED ASSAULT. William Essery was charged by Charles. Wright with having on 17. th, November lost, unlawfully assaulted him. ! Mr Johnson for plaintiff.uud Or Foster for defendant. ; v Charles- Hart deposed : On the 17th. instant Essery was in my shop. On that d;iy I wiinted some fixtures put'up. Saw Wright the previous evening about them, I was showing iiitn. what I wanted doing when Essery told him he would not have him in.his place I had previously got the key. I was close by wlien Essery I said some:h''ng aud-struck plaintiff in themouth. Ersery s-iid he would put the fixtures ia himself at his own expense ( before he wou?d be beaten. I said to j E:sery, "if you'll put the fixtures in at your ' expense lidon't want Wright." \Essery said 1 ought not to employ Wright as lie was * d)shones>t man. Is.iw. another' scuffle between them but dii! riot see Wright strike Essery. If Wright could have done the I fixtures cheaper than, any one i should have employed him. <^^^^^H By Dr Foster : I told ; before that: nvy employers ' figures to be put up I cftd not leave it fo Essery to one to put them up. I was not aware that Essery was de-if, He heard me say~ what I wanted and replied thereto. The rent commenced ou Thursday the 17th. instant. I got the key at 8 o'clock. There was no.arrangement as.to the hourI was to take possession. I told Essery there was a man come,to look about the fixtures, when I was in his shop. Alfred Fisher deposed : I w;is passing; J by the shop on Thursday week last wiißu M hearing a noise I looked in and saw in a fighting attitude. Did not see blows strnck. Essery had'his back wards m 3 and facing Wright. For the defence, ■ William Essery deposed : I saw Mr- 1 Hart's employer a few days before this 1 event, in reference to some fixtures being-, wanted for the shop a dhe asked me if I rJ knew of a person who could put them up cheap. After thinking a while I toli him I did. IseDfc. for a man to do the job and I thoroughly, understood I was to r see to it being done. I had no animosty to Wright, only some tiiue previous he was removing some fixtures, and ha was urging a man on about them. Go Thursday week he called me a liar and I struck him. on the face. 1 understot d the rent did sot commence till 12 o'clock. By Mr Johnson : I did not give the key at all. one of my boVs did. I toW Hart at the lime I was in the shop that he had . not possession: Gascoyne did the fix- I tures. He was not on the premises till 1 Wiight left. My son was on the premises putting in some panes of glass. I admit giving Wright a slap. He went for me also I don't count myself a fighting j man. I did not hit him h»rd. I said to 1 Hart that sooner than have Wright on the premises I wou d pay for the fixtures. Walker, Smith' and Co. should ■< have paid for them. The Bench, after consulting a short time fined defendant £l, irith costs £l6s. Solicitors fee not allowed.. CITO CASES. O. Storey v Craddock—Claim £l4 lis. 'f Mr Johnston for pla'ntiff. _ j Judgment by default, withand solicitors fee £1 2<. '* •■]

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