RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1945, 19 September 1889, Page 2

RESIDENT MAGISTRATE'S COURT.

r Geraldine—Wednesday, Sept. 18,1889. [Before Captain 0. A. Wray, E.M., and Eev. G. Barclay and H. W. Moore, Esq., J.P’s.] PROHIBITION ORDER. A prohibition order was granted on tha application of J. M. Sutherland against William Ooombs, to be m force in the Geraldine, Raukapuko, and Temuka Licensing Districts. ASSAtLT. , Reuben Johnson was charged on the information of C, E. Sherratt with unlawfully, and violently assaulting him on Saturday, the 7th inst. Mr F. Wilson Smith appeared for informant, and Mr Hay for defendant, who pleaded “Not guilty.” All witnesses were ordered out of court.

Mr Wilson Smith, in opening the case, said that Mr 0. B. Sherratt was agent far the house occupied by Johnson, and bad been several times to the house to collect the rent. On Saturday, the 7th inst., ha heard that Ida Johnson, a daughter of defendant’s, had been saying something about his going to the house, in consequence of this he wished an explanation to be made. On the day in question he heard that Johnson had arrived by the coach about 2.30 or 3, and had gone to his house. Directly complainant heard this ha went to the house. Was informed by the coach driver that he had arrived, On going to the bouse Johnson was not there, and one of the children went down into the town to find Johnson, In the . meantime sherratt sat at the bouse waiting. Johnson soon afterwards came in, carrying a heavy stick, and went for Sherratt with the stick. Sherratt warded off the blow from his bead, and received it upon bis arm. He then got out of the house as soon as he could, after getting two or three blows. He went down the town, and was very shortly afterwards followed by Johnson, who was using abusive language and threats. Sherratt then laid an information.

Caleb E. Sherratt, sworn said, ha was told on the 7th lost, that Ida Johnson had been saying some very unpleasant things about his going to Johnson’s. Met her mother in the street and asked her if it was true that her daughter had been saying these things about him. She said “ Yes, Mr Sherratt, and that is not half of what she has bean saying about you.” She then mentioned other things. Saw th« girl afterwards in the street and she denied haying said these things. Then he was told that Johnson, who had previously been at the Hangitata, was in town. Bob Scott (the driver), told him that Johnson had come with the coach that afternoon. Told Scott he would go and seejgJohnaon and have the thing squared up. Went about three o’clock. Whilst at the door Mrs Johnson told him Johnson was not in but that the girl was, and invited him in. Mentioned to the girl what Mrs Johnson had told him and the girl denied it. Mrs Johnson and she were disputing about this. Mrs John, son said, “ You know you did, Ida.” Almost immediately, while they were talking, Johnson came in with a big stick. He said, “Gome out of this, you and struck a blow at witness’ head, while i ho was sitting by the window. The was 2J to 3 feet long, and about an inch through. Witness warded the blow from bis head with his left arm, which was bruised, and got one or two on his

shoulder. Got out of the bouse the best way he could, and after he had S' o !* on thb footpath the stick either dropped, or witness snatched it out of Johnson s hand, and threw it over into Colbert 3 garden. Johnson was following witness, and threw two stones at him, which struck him. Witness’ hat fell off, and Johnson tore it up. Had to go down the town without a hat. Witness went into Mr Mcllraith s shop, and Johnson followed him down, and asked Mcllraith to turn him (witness) out, so as to let him have another go at biro. Witness remained there for a short time, and then went down io the police .station. Johnson did not follow him there. To Mr Wilson Smith : My arm is considerably belter than it was (showing the same to the Court). Was acting as agent for the house whore Johnson resides. Had been appointed to do so by Mrs Stephen Taylor, the owner. Johnson took possession some time nbeut the end of July. Was agent for the house where they lived before, and had been there occasionally on business. Had been to the present bouse four times before. To Mr Hay : On the Saturday in question I went *o have some .conversation with Mrs Johnson and her daughter, with regard to some scandal about me. Previously on that day had seen Mrs Johnson about the scandal. Wanted to see Mr Johnson, and went for that purpose. When I went I asked if he was in. She said “No, but the girl is here ; you had better come and have it out with the girl.” Was twice there that day. Spoke to her about the scandal the first time. It is not a fact that Mrs Johnson has requested me not to go to her house, nor has Mr Johnson done so. Neither of them ever asked me to desist from going to their house. Mrs Johnson has never said that she and the little girl would come down to my office and p»y the rent, to save my coming there. The only scandal about me going to the house was what the little girl said to her mother. Thought i would try and put a stop to it, as Mr Johnson and I appeared on good terms. It is not a fact that three weeks ago before Johnson went to his work he had told me not to go to the house. Did not know whether Johnson was away or not, as ha is frequently at work. Was there on the Friday morning, speaking about the rent, and Mrs Johnson told me then that he was away at the Rangitata, working for Wheelbaud. Knew nothing about it till then. The rent had been due a fortnight before. It is not my custom to go to a house for rent while the husband is away. When I went on-Friday had iot the slightest idea that Johnson was away. Went there in the morning between 10 and 11 o’clock. Had been up four times for the rent. First time I went to see what panes of glass Mrs Johnson bad put in. There were about six weeks’ rent owing. All the other visits except ou the Saturday afternoon were made in the morning. Never heard of the scandal until the Saturday. Only heard what the little girl had said, Heard from Scott that Johnson had arrived home. Did not see him till he came into the bouse. Was sitting on the sofa, and Mrs Johnson was upon the edge of the table, and the girl near the fire, when Johnson came in. Johnson came in and struck a blow at me. Fanny, the other little girl, was in the passage. Johnson did not seem surprised. He said, “ Come out of this you , or I will do something.” Attempted to strike me on the head. The mark upon my arm was not through being jammed against the side of the door. There was no scuffle at all. Never offered the slightest resistance to Johnson, seeing bow he was armed. The mark on my arm at first was only black for a short piece, but afterwards went b'ack all up my arm. It is not true that 1 was merely shoved out and forced against the door. He did not seem to use his fists • only the stick. I throw the stick into Colbert’s garden. Never thought of laying an information. My idea was to get away from Johnson.- Have been back to search for the stick, but it was not there. He followed me out, and struck me on the edge of the footpath. I went to Mr Mcllraitb’e, and Johnson came down afterwards. Both the stones thrown hit me. Saw Dr Fish the next morning. Was positive neither Mr or Mrs Johnson ordered me not to go to the house to get the rent.

Dr. E. Fish gave evidence as to Sherratt visiting him on the Saturday morning. His arm was very much swollen between the wrist and elbow. The injury might be caused by any external violence, but could not say how it was done judging only by the appearance. It must have been severe. If caused by the blo w of a stick it would have been serious if upon ibe bead.

To Mr Hay: From the appearance of the arm I could not say whether it was done from the blow of a stick or being jammed against the door in a scuffle. Should judge that Ibe bruise had been from some projection. It would in that case have borne the same appearance as from a blow from a stick.

Mr Hay said the defence was that there had been a certain amount of scandal about Sherratt going to the house, and Mrs Johnson had told him that she or her lilt'e daughter would call upon him at his office and pay the rent. Johnson was away, and came back having in bis mind the likelihood of Sherratt being in his house. Went up to Mandeb's stables, and there saw Sherratt walk in the direction of his house. Saw Sherratt go to the house and enter. Johnson followed, and Sherratt was sitting upon a couch, and Mrs Johnson upon the edge of the table immediately in front of him, Johnson was much annoyed. The wife and children saw the scuffle, in which Sherratt got jammed against the door. He called

Elizabeth Johnson, wife of defendant, who deposed to her husband being away working at the Eangitata. Sherratt had palled at the house for the rent. Was not authorised to pay it to him. He came there on the sth Sept. He bad been to Titnaru, and told witness that the owner of the house, Mrs Taylor, owed him money, and if he eould get the rent from witness that would pay off his debt. Told Sherratt she would not pay him the rent without a written order. He had not been collecting the rent for the house they were now living in. The first time be came for the rent was apon the 6th. Said nothing to him hs to when the tent should be paid. Over twelve months ago when witness was in tbo other cottage took the rent to his office. The agreement was to take tho rent there. Haver told Sherratt not to come to the bouse for the rent. On the Saturday ho came to talk about something that her daughter had said against him. He came

in and sat down on the sofa, and witness told him to go out and meet her husband in the street and say there what be had to say. Told him to go out. To the Bench : 1 ordered him out of the house, To Mr Hay : Did not know my husband had come home till Mr Sherratt told me he had come up in the coach. When be came in he asked if my husband was in the house and 1 told him he was not at home. Both times he came I told him my husband was not at home, and the second time I ordered him out of the house. He went into the front room, and remained there 10 or 15 minutes. My husband came home in the meantime. I asked Sherratt twice to go, but he would not. I was anxious for him to go before Johnson came, as I would sooner be would not come to ray house at all. My husband came in by the front door. I did not sea any stick with him. He came in and ordered Sherratt out, and Sherratt would not go. A scuffle took place, but I saw nothing of it. When ordered out he would not go, and my husband commenced to put him out by main force. I went ont of the room. There was no stick used while I was there. One of my daughters was in the room, and another in the passage, but we all left. The scuffle occupied about a minute. Witness was cross-examined by Mr Smith, but nothing further was elicited beyond the fact that after telling Sherratt to go away she left the room for a short time ; that no repairs had been done to the house since they had gone into it; and that Sherratt did not seem as if afraid of Johnson coming.

Ida Johnson, a daughter of accused’s, gave evidence similar to her mother’s. Saw no stick with her father, and saw none used. Saw the scuffle commence, and then left the room. Heard her mother order Sberratt out, and tell him to see Johnson in the street, and she appeared anxious for him to go at once. Eenben Johnson, defendant, sworn, stated that he had been working at the Rangitata for two or three weeks before the 7th inst. Came home on the 7th, his reason for doing so being that he had heard of Sherratt being about bis place and witness had ordered him not to go there, Mad lain in the bottom of the coach as he came through the town, to see if be could find Sherratt about his place. Three weeks ago had told Sherratt if he had any business to transact with him to see him in the street, or at his office. Told him he would not allow him about his place. Had heard of some scandal before. Told Sherratt this. Sherratt said he would go for the rent when it was due, and witness warned him not to let him catch him there, as he would pay him the rent outside. When he came back from the Rangitata concealed himself in Mundell’a loose box, where he had a view of the street and also his house. Saw Sherratt about the street, and finally go to his' house. Stole out under the window, and then heard the girl crying. Went in at once and; told him to clear at once. He refused to, and witness then closed with him and put him out ranghly. Jammed him heavily against the door post. His wife and daughter were in the room when the scuffle started and they cleared out of it. Heard Sherratt say witness struck him with a stick. Had no stick in his hand either inside or outside the house, and never struck him with one. Never struck him with his fist; simply jammed him out. W hen Sherratt got to the door be ran away and left his hat behind him, and witness put a hole in it with hie foot. Threw two stones at him which did not hit him. There had been no bad feeling between them previous to this— they had always appeared good friends. When witness told him to go he gave no reason for being there. Had warned him before not to go. Would not have him about my house. To Mr Smith : Sherratt had time to get out if he wished to. I saw by his eye and manner that he was going for me. He looked as if he meant it. (Laughter.) He did not seem at all frightened. He did not stop longer than he could help. (A. smile.) Am not a pretty active man with my fists. Have been in Geraldine 26 years, and have kept the peace. Never spoke to anyone in Mundell’s yard to my knowledge, except that I fancy the stable boy told me to go in the bose-box and I could see down the road. Did not pick up a stick in or about the loosebox. Saw him go to my house. Was watching to see if he would go there. If he had seen me I don’t think he would have gone. (Laughter.) He knew he had no business there. My opinion is that if he knew I was about he would not have gone. He has never been there when I have been at heme to my knowledge. It was about three weeks ago when I warned him about going. Did not know he was collecting rent at that time. His arm might have got hurt by being jammed against the door. Could have got up and gone if he liked when I spoke to him. He was just rising to “ go for me,” but I was first. To the Bench : He rose up to tackle me, and got me by the shoulder. I only used sufficient force to put him out. Am quite positive that I told him not to go to my house. Nobody was there when I told him. There was such a talk about him, I wanted him to stop away from my plaee. Their Worships consulted together for some time. Finally, the Bench said the evidence as to what took place was very conflicting, complainant saying he was struck with a stick, and accused saying he neyer used a stick. The wife and daughter said they never saw a stick. Whatever may haye taken place between complainant and accused with regard to yisiting the house, it seemed quite clear that on the day in question when complainant went to the house Mrs Johnson asked him to leave, and he neglected doing so. Putting that and what the aeoueed said together, they thought that under the circumstances complainant should not hare continued his visits to the house when not acceptable, and should have kept away, and upon the occasion he did go should have done what Mrs Johnson had told him —namely, see her husband in the street. The medical evidence showed that the injuries might have been caused either by a stick or a jam against the door. From the statement of accused, however, it was clear that atones had been thrown, and, therefore, an assault had been committed. The Court, therefore, held that a bread of the peace had been committed, but under the circumstances it was only intended to impose a light penalty. Accused was lined 5s and Court costs, with one witness’ expenses, 10s 6d. The Court then rose.