RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1870, 26 March 1889, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—Monday, March 25,1889. [Before Captain Wray, KM.] POACHING. Hubert Walsh and William Hofkina were chained with having on tha 26th day of January last taken three trout in the Opihi .River by means of spears, contrary to the regulations. Mr Aspinall prosecuted, and Mr Hay appeared for the defence. Mr Aspinall briefly opened the.case, and called—

James A. Auld: I am a schoolmaster, residing at Fairlia Creek. On the 26'h January I, with five others, went spearing. We commenced a mile below the township. Walsh and Horkins had the spears, and a man li'imed Fagan had a spaar also. The greater part of the Hah were eeie, but there wore three trout caught. I could not say who caught the trout. Knocked off fishing at a quarter to 12, and proceeded to the township to the blacksmith's shop belonging to Mr Walsh. At Parker's store the fish were taken out. Mr Hoskins look one and gave one to witness.

To Mr Hay : It is a common thing to go out spearing eols. There were many others out the same evening. Not ona of the party had any intention to trout. Cannot say whether they were speared or thrown out by hind. The spears wore used to catch eels. Saw the trout, but do not remember seeing any

marks on them. The Irishman Creek is where the trout, were caught. This was not the main stream of the Opihi. The stream where the trout were flows into the Opihi on the south side. Never heard of trout having been taken in that stream before. % To Mr Aspinnll : The Irishman Creek flows into the river übovo the township. Geo. McCrdken: On Saturday evening, January 26th, went out fishing with the others. We started below the township and fished up. Messrs Hoskins and Welsh used the spears. Got three trout. They were taken below the bridge. Hoskins speared two, and Walsh the other Fagan carried the lighted torch. Trie trout were taken in the Opihi below the bridge, To Mr Hay: 1 have not been offered 10s to gifo evidence. Mr Smith did not offer me any money. We fished in the main stream all the time. It was not in the Irishman Creek the trout were caught. We went into the creek half a mile aboye the bridge. Saw one of the trout speared, and then thrown out with the hand, wounded. Hoskins threw one out with his band. Saw Walsh spear one. Did; not see iagan spoar auy. T have spoken to Constable Billiard about the case. He , told me to tell the truth. R. S. English: lam an engine-cleaner at JFairlie Creek. On the 26th Januarysow a light in the river, and went down. Saw eela speared, and saw three trout, but saw only one speared by Mr Walsh. Hopkins and Wash used the spears. The trout were speared belo«v the bridge. Could not say they wers taken in the main stream. The fish I paw speared was caught in a back water off the main stream. It is a common thing to torch for eels. H. Maitland produced a map of the district. Any fish taken in waters within riverbed would be taken in the Geraldine County. William Hilliard, Constable and Ringer «t Fairlie Creek : The Irishman's Creek flows into the main stream about a quarter of a mile above the bridge. Mr Aspinall pat in the regulations. Mr Hay said he would withdraw the plea of not guilty and plead guilty, aud asked His Worship to consider that they had no inteatton of spearing trout. The expenses would be very heavy. The witnesses' expenses would como to over £6. His W orship said he would consider that they were not intentional poachers, and ths>t they were under very heavy expenses. He would inflict the minimum fine of 20a each and costs The witnesses expenses were £7 0s 7d.

ASSAULT. Thomas Powed was chaiged with having assaulted, on the 18th March, Mary Morgan, also James Morgan, with being drunk whila iu charg* of a horse, and also with having assaulted a constaba while in the execution of his duty. All the charges were taken together. Mr Aspin»ll appeared for the defence. Mary Morgan : 1 am the wife of James Morgan. I live near tho railwuy station. Poweil drove past in his cart, and asked Do you want me 1 1 told him 1 would report fcim to the police. Ha came aud struck me, and knocked me dowrj. I got up and ho knocked me down again, und kicked me, and called me names, i threw a ¥■ me at him then. He caught me then the arm, and was wringing it around, ne tore my jacket, and 1 screamed, and my husband came and he knocked Powell down, aud kept him there. My husband asked me to go for the police while he held him down, but I could not go with the paiDs in my head and side. To Mr Aspioall: It was between 6 and 7 in the evening wb/n he came round in the cart and asked Do you want me % Did not throw stones at bim or hit him before he knocked me down. When I was throwing the third stone my husband told me not to throw it. lam Bure he kicked me. Mary Edgeler, wife of Alma Edgeler : Saw Mrs Morgan come from her house and san Powell hit her in tbe faca. He then threw her down and kicked her. Did not see Mrs Morgan' throw any stones at him until "iter she had been thrown down twice. I was near enough to s®e all that was done. When Mrs Morgan got away from Powell she was wiping the blood from mouth. I am not on intimate terms with Mrs Morgan. To Mr Aspina'l: Was about two chains away. I had not my back to them, I was in front of Morgan's houae. Saw Powe.il kick Mrs Morgan. Powell was inB ide the fence when I saw bim. I have j not had any conversation with the Morgans since. James Morgan : I heard tho sereauas of my wife, and saw Powell had hold of her arm and was twisting it round. 1 went up ■ and ai'ked What are you doing 1 1 caught him and made him let go. He struck me then. I pot him down and kapt him down to see if I could get aDy one to go for tho police. There was no one there but Bill Weir, who waa drunk. Powell was drunk too. My wife was saying g until Powell aßked "Do you want 'me ? " I sioppud my wife from throwing sloneß. When I fouud no one to go for the police 1 let Powell go, and went to the police. The police wsnt with me. Constable Morton and myself met him in the cart. Consume Morton asked Powell to co.iie out of the carl. Powell made a blow at me with * slick. 1 went to the horse's hesd, and he struck the constable with h slick, flo iheii got out of the cart and ran. The constable told me to catch Lim, and 1 die'. I caught and put him down, and held him liU tho countable c.nne.

To Mr A«piuall : My wife said nothing until Powell asked " Do you wunt me I'' Next I heard my wife screaming. When I saw my wife her mouth was bleeding, Powell was drunk. Weir was drunk also. I never struck Powell at all. To the Court: Powell asked " Do you want mo?" in an insulting way. Dr Hayes attended Mis Morgan thai; evening at 9 o'clock. She seemed a good doul shaken, but did not lind any marks j of blows or bruises. Found one of her teeth loosened, and her jacket was a good deal torn. To the police: Very serious injury might have been iuflicted without a mark. To Mr Aspinall: It was quite poasible to be kicked without loaving a sign. (Jould not say whether the tooth wan : loosened by the blow, but 1 think it had been loosened recently, f examinad Oon-t-table Morion's arm. There was a bruise on his arm Morton : At 10 mi..u!es to '", o'clock on lho 18th, Morgan camo to the stuli m. Ho vvas excited, aud nun.i Powell hail assaulted his wife. WVnU and saw Mis Morgan, who waa in a weak

i ntote, with her jacket torn. I then beard i Powell h''d gonn toward? Tenmka and i wont siC'-r 'him with Morgan. Met i Powt-li driving in hi* c<irr, and told him to slop. S'sw ho w;'B drunk and I told i h into get down, and he >a ; d he would not. Mo gun came up, mid Powell stooped : dowu and took op the stick, and he made a cut at Morgan but missed him. He then stinck at me, and I had timo to put up ray hand to deffnd my head. The stick 1 broke, nnd he then struck the horse. He then jumped out. My hum whs powerless. I asked Morgan to run aftf-r him and catch hint. He did so. As regards drunkenness, he wps able to wa'k, but he was in a fhndiah state of drnnkannosH and very dangerona. In his sobriety he is a very quiet, inoffensive man, but in drink be is a terror. To Mr A'spinall : I arrested him because I wna afraid lie would quarrel with oomeone else. I did hundcufi him, and did not take ih«m off until he quieted down. Mr Aspinall said the defenco was that the assault wss provoked by Mrs Morgan. Thomas Powell: 1 remember Monday the 18th March, BUI Weir had the job * of carting cheese, and he naked me to halp him. When passing Mrs Morgan d place ehe asked me, " What (( are you staring at ! and I said " St. Patrick's Day, I suppose." She then commenced throwing stones at me, nnd struck mo. I then struck her, and Morgan cntne and threw roe down, and sat on lie for about 10 minutes. Weir told him to get up, and he did, Hod went to the police. The next 1 met was Mr Morea* and tbr constable. Constable Morton said he would take me to the lock-up, and 1 said he ought to take Morgan and his wife. 1 never < kicked Mrs Morgan. I was as sober as 1 am now. it was after 7 when I was 1 fUTGStcd To Constable Morton: Had three drinks that afternoon. Don't think 1 had any in the forenoon. Yea, I was at Poland's in the forenoon. 1 had a drink there. Ido not know where I got the stick produced. Ido not believe i had it in my cart. William Weir : I remember the loth. Was carting with Powell. Took the last : load at a quarter to 6. Powell was dnv- i in* me home. I reside close to Morgan a holiae. When passing Mm Morgan asked " What, are vou staring at ? and 1 owell said something about Patrick's Day, and then Mrs Morgan threw stones. Did not see the husband. One of the stones struck Powell on the back of the head. Powell did not strike Mrs Morgan until he was struck. Mrs Morgan fell. Powell did not kick her. Morgan ome out and threw Powell down. Powell w>s not driu-k. I h.id as much drink as Puweil, and was cot drunk. He was perfectly sober. T did not heur Powell insuli Mrs Morgan. His Worship : Did you see Powell assault Mrs Morgan 1 Witness : I did when she struck him. His Worship : 4-nd you stood by and looked on 1 Do you think it manly of you to look on while a woman was being Assaulted 1 , Witness : I did not look on. She struck him with the atone first. Constable Morton : Did you not tell me at the railway station you were mixsd up ; and did not know how it happeced 1 Witness: I told you I did not know how it began : it was a mixed up affair. Constable Morton : Did you not tell me you were drunk 1 Witness : I did not, Constable Morton : Do pou tell me you , wr-re sober? Witness: I don't say I was sober. I said the whole thing was misty in my mind. Powell had no whip. We had three beers in the afternoon and one in ! the forenoon, Never heard of Mrs Morgan being quarrelsome. I live along side of her, and she is a psaceful, respectab'e woman so far as I know.

Powell, junr., corroborated the svideoca given by the accused and Weir, and eaid they were not drunk, James Crawford said he Mrs Morgan throw stones, and Powell caoght her and she went on her knees, and tell on hsr side. Did not see Powell kick her. The next he saw was Powell on the gronnd and Morgan on the top of him. George Praltley stated that at a quarter to six Weir brought him the key of the store. He was not drunk. Powell was in his enrt, and he could not say anything about him.

Mary Edgeler, recalled, stated, in reply to the iianch, that she was near enough io see, and Mrs Morgan did not throw stones at Powell before he struck her. She whs nearer than Crawford's house. After Powell struck her she went to throw atones Rt bim.

His Worship said the evidence was conflicting, but he believed the accused was tho aggressor, anrt committed a most unjustifiable assault. fL; would be sentenced to 14 davs' imprisonment with hard labor for the assault on Mrs Morgan, and a similar sentence for assaultiug a constable, both sentences to run concurrently, so that it would be equal to 14 daya in all. The other charges would be dismissed. CITIL CASE 3. Judgment by default w»s given in the casos J. Brown v. C Husband, claim £3 4', »<nd G. H. Mogridge v. J. Meager, ciyivn £2. Tho Court then rose.