RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1334, 30 April 1885, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka —Wednesday, April 29, 1885

[Before H. W. Robinson, Esq., R.M., and S. D. Barker, Esq., J.P.] UNREGISTERED DOG. C. Canavon was fined 10s for having an unregistered dog in his possession. STRAY HORSE. George Edgar was fined 20s and costs for allowing a horse belonging to him to wander on the railway. i ASSAULT. Samuel Breadley was charged with having, on the 21st inst., assaulted one William David Shepherd, at Orari. Mr Aspinall appeared for the prosecutor, and Mr White for defendant. William David Shepherd : I am the informant in this case. On the 22nd instant I was in Mr Breadley's Hotel, and in the evening took my gun and went down the riverbed. I came back at 7 o'clock, and Mr Breadley took the gun out of my hand and we had some drinks together. He asked me to shout. I said 1 had no change on me, and he said : " I can keep the gun." We joined in a song, and, while I was singing, Mrs Breadley came in and pulled the legs from under me and dragged me away. After that I went away bidding them "good night." Mr Breadley followed me and knocked me down, and every time 1 got on my feet he knocked me down, for a distance of about 8 chains. He then kicked me until Harris and Miller came to assist me and took me away. 1 had to go to a doctor and have not bean able to work since. My clothes were destroyed. I was consideraly bruised ; 1 gave no cause or provocation. I have incurred a guinea medical expenses. - lo Mr White: The defendant was not drunk. The landlord of the house assaulted me in this way without any provocation. I did not ask him why he did so. I was not sober. I remember everything that took place. I did not call Mrs Breadley any names. The reason she knocked me down was because there was someone ill upstairs. I was not told not to make a noise because someone was ill. We were all making a noise. I believe Mr Breadley shouted for me. I do not know how often Mr Breadley knocked me down. I came toTemuka next day and laid the information. While being thus knocked about I did not sing out. I gave no provocation. It waa when the liquor began to die nut of me that I felt the pain. To Mr Aspinall: McGwinn and Mr Breadley asked me to sing " The Exile of of Erin." I was never told not to sing. James McGwinn : I have been working for Mr Breadley. Shepherd got singing and was told to knock off, bat he would not, and Mrs Breadley pulled him out. I was singing >ith him. Mr Breadley was was not singing. After having been thrown on Hie ground he went on singing. He used no bad language. To Mr White : Shepherd was muddled with drink. Air Breadley was quiet, so far as I saw. He was not singing. He has always been quiet while I have been in the hotel. I do not know what took place between Mr Breadley i>nd Shepherd after leaving the room. To the Court: He went out of his own accord. Mrs Breadley tried to pull him out but could not. I saw him fall. He went out and came back again and started singing. I then went to bed. William McDonald : I am a blacksmith at the Orari. 1 saw Shepherd and Breadley in front of the hotel. Breadley wanted Shepherd to fight but Shepherd would not. Breadley struck him and went into the house, but came out again and followed Shepherd up the road. Shepherd gave no provocation. To Mr White: I did not hear any cries. When Breadley overtook Shepherd I did not see him assault him. I wan a couple of chains behind Breadley. I went after him because 1 thought he was going for Shepherd again. They were talking, but not friendly. Shepherd was lying on the road when I got up. Nothing was said by either of them to me. I did not see Shepherd falling, because I was too far away. The Court to Witness: You told us that Breadley could not haye struck Shepherd without your seeing, and now you say you were too far away to hear or to fee what passed between them. How do yoa explain this 1 Witness: Oh, I could not say that. Breadley was coming back when 1 went up, and a man named Harris was taking Shepherd aivay. Shepherd was partly drunk and partly sober. John Harris: I live at Orari. On the 22nd of April I heard a disturbance, and found Shepherd lying on the road about eight, chains from the hotel. Miller and McDonald were there. Breadley was walking away. 1 said it'was a cowardly action to illuse a man like that. Breadley asked • me what I had to do with it. Shepherd was torn about, and his face was covered with blood. To Mr White : I saw nothing occur on that night. To the Court: I was at the store, and I heard the disturbance about 2 chains away on the road between the store and the hotel. McDonald was there when I got there. I heard a noise a 3 if fighting was going on and as if a man was knocked down. I heard a voice, like Breadley's, telling some one to get up. Dr Hayes said Shepherd had three bruises on his body and some scratches over his face when he examined him. The bruises were one on the chest and two on the sides. They might have been produced by a kick or any external violence. The bruises looked two or three days old. This concluded the plaintiff's case. Mr White said the defence would be a complete denial of any assault at ailthat Shepherd ' went to the house, was noisy, refused to be quiet, and called Mrs Breadley opprobrious names; that Shepherd was going to fight, and that what Breadley did was in self-defence. S. Breadley, defendant, said: I.am proprietor of the Orari Hotel. On the night of 21st Shepherd was singing, and Mrs Breadley told him to atop and he would not. Mrs Breadley caught him by the arm and he threw himself down. He went with her to the passage door and then bolted away from her. He made use of bad language and 1 ordered him to leave the place, but he refused to do ' so. He put up his hands and struck at me. I guarded the blow and took him outside the door. He tried to strike me again and I gave him a punch and put him on his back on the shingle. He went up the road and called me a bad name, and I went after him, and when I got up

to him he fell down. I had only my ~ slippers on. I had no drink with him that evening. I have been seven years a hotelkeeper and two yeara in this district, and no charge of this kind has ever before been brought against me. To Mr Aspinall: I heard Mrs Breadley asking him to stop singing, and saw Mrs Breadley taking hold of him by the arm. It was 20 minutes after he came in he made use of the bad language. I swear 1 never put a hand on him after following him up the road. I took the gun from him because I did not think it safe to. leave it with him. Alfred Tatham : On the evening in question J. went with Sbepherd to the hotel. We had a drink and.he used bad language there. Mrs Breadley told him not to make a noise as Mrs Mackay waa ill. He kept on making the noise and Mrs Breadley took hold of his arm. He called Mrs Breadley very bad names, and when Breadley told him to go out he put up his hands to fight. Breadley put him out and struck him. . Shepherd went up the road, swearing, and Breadley followed and asked him to fight. Shepherd '"shaped" to Breadley and Breadley knocked him down, Shepherd then got up and we came away. To Mr Aspinall: I had only seen Shepherd once before. Shepherd called me to have a drink. Mr Breadley came in before Mrs Breadley came in. There waa no singing before Breadley came in. Mrs Breadley took Shepherd by the arm and he walked out with her into the passage. He threw himself down. If Shepherd used bad language McGwinn would have heard it. When Breadley got up to Shepherd on the road Shepherd " showed fight" and Breadley knocked him down. Shepherd was standing up when Harris came up. John Morton, constable: I know Mr Breadley, and have found him very regular in his house. I have never known him but as a peaceable mati. I have laid no information against Shepherd for using obscene language. To Mr Aspinall: When I went to serve Mr Breadley with the summons he laid an information about the obscene language. I had to ride up to his bouse in the middle of the night to bring dewn two persons who had assaulted Breadley on one occasion. The Court said a case had been made out against the defendant. He was not satisfied with putting complainant out—he must go out and use violence, and then follow him up the road. He would be fined £5, and costs £5 ; £1 10s of the fine to go to the complainant. OBSCEHE LANGUAGE. William David Shepherd was charged with having used obscene language in the Orari Hotel oo the 21st inst. S. Breadley gave evidencS'to the effect that Sbepherd made use of bad language in his house. To Mr Aspinall: It occurred at the same time as the row referred to in the last case. Only myself and Tatham were present. Alfred Tatham gave evidence to the effect that he had. heard the accused making use of bad language (language stated). Jimmy MeGwipn was present. The b)d language was used in the room behind the bar. Constable Morton said the room in which the bad language was used was the most public in the hotel. Mr Aspinall animadverted upon Tatham'a evidence, who had evidently been brought to bolster up the case. The Court dismissed the case. FORGERY. . George Kahu was charged with having forged the names of several Maoris to an order for money on Mr White, tenant of the Maoris. Mr Aspinall prosecuted and Dr Foster defended. George Raymond, solicitor, Timaru; 1 had transactions with accused. In October 1884 I was managing clerk to Messrs White and Smithson, and I told him I would not take up the case he brought me unless he paid for it beforehand. He said he could net pay me in cash, but he was representing the Maoris generally and that he would give an order on Mr White, who was leasing land from the Maoris, for the rent coming due. After seeing Mr White 1 accepted these terms. I drew up the order for the amount of the rent and the accused took it from ijue to get the names of the Maoris on it, and it came back iu its present condition with the exception of the stamp. To Dr Foster : The accused classes himself as a chief. I do net know the lessors. The lease, I believe, is in the office, in Mr White's possession. Accused came in on other occasions on inter-tribal differences. I always regarded him as a leader. I always understood the document was returned to the office through the post, and Kihu himself told me he posted it. I produce a document giving Kahu authority to act for the Maoris, The case was adjourned till next Court day at this stage. civil oases. R. Coles v. Taylor—Claim £lB lis, less £ll paid. Mr White appeared for the plaintiff, and Dr Poster for defendant. Dr Foster said .his client had over-paid defendant. He admitted the items with the exception of four, and on these evidence was taken as follows : The plaintiff stated he charged £7 10s for making a drag. Defendant kept the drag for seven months, and'then returned it. It was made according to Laetruc* tions. No price was named. The charge was reasonable. As regards the pump sunk, the price was reasonable. The witness was examined by Dr Foster, at some length, but nothing of an important naturejwas elicited. He said'the defendant brought the drag back to niter, but he did not say what alteration was wanted. He left it in a paddock, and it was there since. James Robinson, a carpenter, gave evidence to the effect that he was working. I for Mr Coles when the drag was made for defendant. He had heard Mr Taylor giving instructions to Mr Coles, and Mr Coles gave witness the instructions. He was cross-examined by Dr Foster. —Taylor: 1 ought to be a farmer, for I have had 40 years' experience here, and at Home. I have used the same kind of drag for breaking up land here and at Home. I went to plaintiff and laid down battens and showed how it was to be made. He said he understood it. I went to the shop twice for it. The instructions were timber4x4 and 8 feet over all. The implement was not according to instructions. The weight was not in the fore-part to keep it down, and it carried the furrow instead of breaking it. It

wag utterly useless. When plaintiff made it he brought it to the road near my house and I told the man that brought it I would not take it. I made a trial of it but it neter succeeded. If he bad made it accordiug to instructions it would hare been useful. As regards the pump, defendant said the price of the pipe was lid per foot. He agreed to put down the well for 10s. We put the pump down on Sunday morniDg. When I spoke to him about inaccuracies be said he would have all or none. I offered him £3 for the drag, which is double the price charged in the Old Country. After this I took it to Cole's shop and gave him £ll in cash and said if he had made the drag according to instructions I weuld give any fair price for it. As regards the pump, Mr Coles did nothing but look on while my ■on and myself put it down and he charged 15s for it. To Mr White; Coles had to go six miles and he was six hours there, but more than half the time he was what I might call " tea drinking." Mr White: Sou were doing a kind of respectable loaf? Witness: Oh, no lit was Sunday, and we were all loafing. 1 would not say the drag was not eight months on my farm. The first time I knew plaintiff he was a painter and now he is a blacksmith. The implement is my own patent. Mr Robinson was never present when I spoke to Goltßi I never told them to make the drag smaller than at first. I never spoke to Coles in the presence of Robin Hon. I I tried the drag often, but it was no good. Eliza Taylor, wife of last witness, went with ber husband to Coles with the drag. Her husband picked up a piece of iron j and showed what he wanted, and Coles aaid »«All right." They both seemed agreeable. Herbert Henry Taylor, son of defendant, Med the drag several times, and it was not suitable for the work.

To Mr White: His father thought the price unreasonable. After connsel on both sides had addressed the Court, His Worship said the most important item was the £7 10s for the drag. The drag was made on verbal instructions, without a rondel, and defendant kept it for six months after it was made, and he did not sea how he could get out of paying for it. There was nothing to show the other items were not reasonable, and judgment would be given for the amount claimed and costs. John Craig v. E. Hornbrook—Claim £1 2s.—Judgment ky default for the amount claimed and costs. The Court then adjourned.