RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 9418, 13 June 1882, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Monday, June 12, 1882. [Before J. Beswick, Esq, R.M.] FRANKS V. GRANT. This case came up again for hearing. Dr Foster appeared for plaintiff, and Mr White for defendant. John Lawson, Richard Marshall, and William Ackroyd were examined, but there was nothing of great interest in their evidence. The only points were that Mr Marshall saw the cow in Mr Grant’s paddock before and after having been in the pound; that Mr Ackroyd saw her in the pound, and described her as a red cow with turned-in horns and a bullock neck, and that Mr Paterson said that the cow could have come from Mr Grant’s paddock into his own paddock, and from there to Mr Wheelband’s paddock. The case was adjourned for a fortnight, as the defendant, Mr Grant, was too ill to attend the Court. [Before J. Beswick, Esq., R.M., S. D. Barker, and J. Mendelson, Eaqra., J.P.’s.] SELLING DRINK DURING PROHIBITED HOURSLeonaid Tombs, proprietor of the Arowhenua Hotel, was charged with having his house open for the sale of y liquor during prohibited hours. Mr Hamersley appeared for the defendant. This case had been tried about six weeks ago before B. D. Barker and J. Mendelson, Esqrs., J.P.’s., but they differed in their opinion on the matter, and as they could not agree, the assistance of the Resident Magistrate was called in. Mr Hamersley said the case had already been tried. The Resident Magistrate explained that the two Justices could not agree, and they had called in himselt as a third Justice. Mr Hamersley objected to his client being tried on a fresh summons. A man could not be summoned twice for the same offence. Mr Beswick said they would get over the difficulty by withdrawing the present summons and going on the former one. The last summons was accordingly dismissed. The evidence of Constables Morton and Bourke was then taken, which, as already published, was to the effect that on the 13th of April they visited the hotel about 12.15 at night, and found the main entrance door open with men standing at the half-door leading into the bar with glasses of liquor before ibem there were about 30 persons in the house, some dancing and some playing euchre. The excuse Mr Tombs gave was that there was no Licensing Committee then appointed for his district to obtain an extension of license from. After the hearing of this evidence the case was adjourned for a fortnight for the production of Mr Tombs’ license. ASSAULT. Martin Dunn and Thomas Bonrke were charged on the information of John Malarkey with having committed an assault on him on the Ist of May last. Mr Hamersley appeared for complainant. John Malarkey : I was in this town this day six weeks, and Dunn invited me into his dray. We went as far as the railway station. There a man named Robert Molton challenged me to fight him. We got out of the dray and had two rounds. I then walked away, and he followed me. Martin Dunn followed and knocked me down. He went back to the dray, and Constable Bourke came up, kicked me on the left leg, and threw me down. I laid there till about dusk because my leg was bad. He kicked me on the legs and body when I was down. I was in bed for three weeks afterwards. ■ To defendant : I did not catch hold ; of you before I went to the dray. 1 did not hit Molton on the ground.

To the Court : I had some liquor in me. I bad not a word of quarrel with any of them. Eliza Douglas : Saw Malarkey fall twice. Saw Bourke, the constable, but could not say whether he struck him. Saw Dunn and Malarkey quarrelling. To Constable Bourke : I saw Malarkey get up and walk away when you were there, but I did not see you strike him. Malarkey re-called, and examined by Constable Bourke. : When you came up to me you ran at me and struck me. I was bleeding. You did not take anything out of my hand. I had nothing in my hand. You struck me under the ear. Kicked me in the leg; then turned me over and kicked me. I did not tell Mr Barker that three bobbies beat me. 1 did not tell Martin Dunn that I wanted to get the jacket off you. J. Ashwell stated that he saw Malarkey’s leg swollen so that it would confine him to the house. Martin Dunn stated that on the day in question he met Malarkey and BobMolton, and they agreed to go home in his (witness’) cart. Malarkey laid hold of witness just near the Crown hotel, but he managed to get away from him, Going down by the Catholic Church Malarkey quarrelled with Mol ton. Malarkey jumped out and challenged Molton, who followed. Malarkey knocked Molton down six times ; then witness went to save him because he was afraid Malarkey would kill him, and Malarkey turned at witness. He struck Malarkey three times between the nose and the lip, and knocked him down each time. Malarkey would have choked Molton only he struck him. He did not see Bourke either strike or kick Malarkey. T. White gave evidence to the effect that Malarkey knocked Molton down six times, and would have killed him only for Dunn going to his assistance. Dunn struck Malarkey, but he did not see Constable Bourke strike him* Constable Bourke laid hold of his hand hut Malarkey wheeled him. The constable then threw him down, after which Malarkey got up and walked away. Martin Flaherty gave evidence to the effect that Bourke did not strike Malarkey. On fmther evidence being called the Court intimated that it was quite satisfied with what it had heard, and dismissed the case. The Court then adjourned.