RESIDENT MAGISTRATES COURT.

Temuka Leader, Issue 1145, 26 February 1884, Page 3

RESIDENT MAGISTRATES COURT.

Temuka—Monday, Feb. 25, 1884. [Before D. In wood and F. H. Barker, Ksqs.,J.P's.J TEESPASS. A. W. Surridge was charged with having allowed one horse belonging to him to wander on the railway. It appeared the horse broke away from its tether, and as it was an accident the defendant was let off with a fine of ss. ASSAULT. Alexander Allen was charged with having assaulted Charles Henry Reid on the 19th inst. Mr Aspinall appeared for the complainant and Mr Hamersley for defendant. Charles H. Reid : On last Tuesday I went into Siegert and Fauvel's store, and Allen said ' You are going to summon me,' I said ' Y~es.' 'Well, summon for that, then,' he said, and struck me in the face. On the 16th I met him at the Railway Station where he challenged to fight mi. It was on account of that I said I'd summon him. To Mr Hamersley : I have known Allen for the last two or three years, but for the last few months we did not speak. I gave him no cause, but he never spoke. I do not know what reason he had. When he challenged me at the station was the first time he spoke to me. When he struck me in Siegert and Fauvel's I had to take my coat off. He hit me five or six times before I had time to do anything. I had not time to Btrike him back. To Air Aspinall : At the railway station he said 'You are no man,' and wanted to strike me there and then, only the stationmaster prevented it. F. H. Rowe : On the 19th Reid came to the store and asked for some envelopes. I turned to get the envelopes, and when I turned round I saw Allen and Reid struggling on the ground together. To Mr Hamersley : J was on the top of the ladder, and it was very awkward to turn round. When I saw them first Reid had not his coat off,' but he took it off afteiwards. I did not see any of them hurt, but Allen's nose was bleeding a little. Alex. Allen : I am employed in Siegert and Fauvel's. I deny that Ichallenged Reid t > fisdit at the railway station. Reid was in Siegert and Fauvel's store, We had a few words, t thought Reid was going to strike me, and 1 struck him. I asked Reid if he was going to summon me, and he said he was. To Mr Aspinall. 1 said to Reid he was no man, because he was in the habit of getting people to call other people names. I know he has sent valentines. I did not say ' Reid, if you are going to summon me, take that.' To Mr Hamersley : I don't know whether Reid or 1 hit first. The Benc'i was of opinion that an assmlt had been committed, but that it was so trivial that the case would be met by a fine of 5s and costs, each paity to pay his own lawyer. CIVIL CASES. W. Bird v Thomas Annan—Claim £9 OsGd. Judgment by default for the amount claimed and costs. Edwin Forward lv. Stephen Taylor— Claim £6 12s. The amount of £3 had been paid, and judgment was given for the balance with costs. J. Kinsella v. J. H. Jackson.—Claim £5. '■■ The plaintiff stated that he had worked for defendant. He earned tho sum of £5

15s. Ho got lij J , .'iiul the balance remained due. it was to have been paid to Mrs Taylor. Mrs Taylor stated that Mr Jackson took Kinsella. to her house, an 1 s;iid lie would be responsible. She made a claim on both of them for the money, but had not been pain 1 by either of them.

The defence was tlftit the defendant was liable foi. the amount to Mr Taylor. When the mnnleffcdpfendant'semplo_\ ment defendant sent word to Mrs Taylor he was no longer responsible. The reason he had not paid Taylor was because (here was a contra account. He was ready to settle up at any moment. Defendant's account against Taylor was more than £5. The Court dismissed the case on the ground that as Jackson was liable to Taylor it was not right to pay Kinsella the money. The Court then adjourned.