RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2009, 18 February 1890, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—Satukday, Feb. 15, 1890. [Before Captain C. A. Wray, R. M.] ASSAULT. Robert Fenton was brought up on remand, charged with haying assaulted Mrs Bates on the 23rd nit. Dr Hayes : I have been attending Mrs Bates since last Court day. She has somewhat improved since, but is not fit to attend the Court to give evidence. She is able to get up, with assistance, and sit in the chair. She is not to leave her room. X have hopes that if she gets on. well next week we may be able to move her, but it will be several weeks before she can give evidence, I would not say she is out of danger because of her age. She is still suffering from the effects of the injuries she received on the 23rd of last month.

To Mr Hay: She is anxious to go to Christchurch as soon as she can. I am satisfied with the progress the case has made during the last week She takes her food well. I do not anticipate any fatal results, but in a person of that age one cannot say positively.

Mr Hay said that it was questior able whether it was a case of assau at all. It was purely accidental. Th accused had already been a fortnigh in prison, and now the question wa Where would it end? The dock said it might be several weeks befor Mrs Bates could attend. He woul urge that the case ought not to b prosecuted any further. The ma wanted to dispose of his hotel, bu if kept locked up he could nc do so. If he were remande from week to week. Ho one knei when it was to end. He would ask i to be withdrawn with prejudice. Th police on any future occasion coul bring it on again. Mrs Bates woul be well cared for, and would not b subject to annoyance. His Worship said the case was lai as an indictable offence, and the ques tion was whether it could be with drawn wituout prejudice and brough

on again. Another point was: th man was given to drink, and he migh break out again. iStill it may be ; considerable time before the case eoub be finally heard, and it appeared har< on the defendant to be kept in sus pense The only question was, if h( allowed the case to be withdrawn hi could compel him to find suretie; ror ins future behavior. Mr Hay said there would be m necessity for that. The only persor he would have the peace to was Mrf -bates, and she would be removed out of his way as soon as possible. Mi Teuton was going to Christchurch and when he returned Mrs Bates would be out of the hotel. Constable Morton said there was no fl-feehng between Mr Fenton and Mrs Bates. His Worship said he would consider hai; and would allow the case to be viihdrawn without prejudice, the letendant to be bound over for three months, himself in £IOO, and two ureties of £25 each. The court then adjourned.