RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2146, 6 January 1891, Page 3

RESIDENT MAGISTRATE'S COURT.

TjEMinCA—MONDAY, Jaw. 5, 1890,

[Before C. A. Wray, Esq., R.M.] EJECTMENT OBDEEo

Woollcombe and Clulee v George Latimore. In this case, in which the defendant had failed to pay the rent due in accordance with an order made at a previous sitting of the Court, an order was made for defendant to give up possession ot the premises forthwith AIJSATJLT. William bweet was charged with unlawfully assaulting and heating Isaac Morris afc the Royal Hotel, on December 24th Mr Cathro Appeared for informant

I Morris said that he was the informant in the ease. On Christmas Eve he saw Mr Sweet in the Royal Hotel. He (informant) was standing in the bar, when Sweet called to him and said he wanted to speak to him. Sweet asked what he meant by scandalising his wife and daughter. Informant denied it, and after Sweet had used some abusive words he struck informant over the head and arms with a stick, and subsequently knocked him on to a sofa. Mr Newbury interfered, and caused Sweet to desist. The landlord called informant to come to another room, snd as he was leaving Sweet struck at him again. Had never scandalised Sweet's wife and family. Accused had had some liquor. "Witness was sober

By accused: Had not vandalised defendant's wife and family. Was struck more than » dozen times. Did not call anyone iat© the room. Said nothing to JSTewbury. By the Bench : Had ordered Sweet off his premises twelve months ago. Had not spoken about accused's family. Charles J Newbury: Remembered Christmas Eve. Was in the commercial room of the Royal. Saw through a window. Sweet was thrash jng Morris: At Mrs McAteer's request went and stopped Sweet, and took the Btick away. Saw Sweet strike Morris five or six times. Told Sweet Morris was an old man and a cripple, and that he (defendant) ought to be ashamed of himself By the Bench: The Btick was something like a supplejack By accused : Took the stick away from you, and pulled you away by the collar of the coat. Gave you the stick back. Did not notice anyone else By the bench: Morris was sober. Accused was a little excited. When h© first, noticed the row Sweet was holding Morris down and thrashing him

William Sweet, sworn, Baid that Morris and Mid 'Powell bad scandalized hi» family, and when, he saw Morris he aecused him of it, and when he denied it he (accused) beat him. Struck him twice. Was irritated about the stories he heard Mr Catbro asked to bo allowed to call Mra Powell to deny having circulated any stories His worship iiaid all he desirsd was to ascertain if Sweet felt aggrieved. He was not going into a lot of family squabbles The accused was farther charged with using obscene language in the presence of passers-by He denied the offence Isaac Morris said that he returned from the Boxing-Day Sports on Dec. 26th at about six o'clock. Between 6 and 7 Sweet came down tho road. "Witness went inaic'e, Heard some talking, and came out. Sweet said, after a lew remarks, " I suppose you'll be getting that Bob White to give me a hiding," and several other remarks of an, offensive character. I [The language was of a very powerful cbaracter, and quite unreportable.] Told Sweet that to use language like that he must be a thorough scoundrel. Sweet then picked up a stone and came towards witness, who got round the house and went inside. Sweet afterwards kept shaping in the road, and repeating the same language. There were several boys, his wife, and a young lady about, all of whom could have heard the language Accused precluded to indulge iu pome remarks, but was stopped by the bench

John Cbarteris, a lad of 10 years of age, gave evidence as to seeing Mr fc*weet and Mr Morris against the latter's gate, and also as to bad language used by the former Kate Chatteris, residing with her parents, gate corroborative evidence By accused : Witness was standing in the corner of her father's section, where she had gone to milk. Did not hear Mr Morris swear

By the bench: Accused kept on repeating the language. The row lasted about half-an-hour

Accused denied using the language repeatedly, but admitted that the boy's evidence was correct His Worship said that there appeared to be no resource but to commit accused on both charges. Addressing informant's solicitor His Worship said that it appeared te him that the language, although offensive, had been used in a threatening or abusive sense rather than in an obicene manner

Mr Cathro was not desirous of having accused committed to gaol. He would be quite content if accused were bound over to keep the peace for a time

His Worship severely admonished accused, and pointed out that he might have been committed to gaol for a considerable period. He was afraid that he was taking a lenient view of the case. He strongly advised accused to keep away from informant in future. He would be fined 20s and costs for the assault, and on the second charge he was ordered to be bound over in his own recognizances of £lO to keep the peace for six months. Solicitor'* fee was allowed. ANOTHER CASE. Thomas Powell was charged with unlawfully assaulting and beating W Sweet, who therefore prayed that he might be bound over to keep the peace Mr Cathro for accused

W Sweet said that on the 26th December he was returning home. He met Powell, who charged him with summoning his wife, and then struck him on the face, knocked him down, and kicked him. [Witness here described the assault]. Witness's daughter came up and said to Powell " Tou coward! How dare you strike my father like that? " She then hit him with a little garden rake. Powell took the rake away and knocked her down. She was picked up insensible and carried home. Witness had to be helped home By Mr Cathro: Mrs Morris and her son saw the assault committed.

Mary Ann Morris: Remembered seeing Sweet on the evening of Dec. 26th. Saw Powell knock Sweet down and kick him violently* He gave him no chance to rise. He took him by the hair of the head and shook him Sweet could not get up. By Mr Cathro : Was called out by her son, Did not see the beginning of the row. Was between three and four chains away. Could see distinctly. There was no one present but herself and son. Saw Miss Sweet come up afterwards to her father's assistance. Powell struck her.

Rowland Morris said, on Dec. 26th, between six and seven, he saw Powell hit Sweet and afterwards kick him severely. He then caught him by the hair. Sweet could not get up Miss Sweet came up amd interferred to help her father. Powell took a rake out of her hand and struck her. Witness tried to help her up, but she was powerless. His mother helped her borne. Witness helped Sweet and afterwards went for a doctor

By Mr Cathro : Saw the parties meet Was about 100yds away and subsequently went nearer. Would swear Miss Sweet did not strike Powell. Had not been told what to say For the defence Mr Cathro called

Isaac Morris, who said that about ten minutes after Sweet left him saw Powell stop to speak to Sweet The next thing he saw was Sweet striking at Powell several times. Powell took the stick away threw it over the fence and hit Sweet in the face. Was watching the whole time and did not see Powell kick Sweet

By the Bench: His wife was inside when the row commenced He called her out to see Sweet William en his broadside. He was pleased to see it. [" So I Bee " remarked His Worship.] Miss Sweet came np and hit Powell with a rake. Powell twisted it out of her hand and she fell down. Sweet got up by himself and walked away. By the Bench: Powell did not strike Miss Sweet

John Charteris (aged 10 years), saw Mr Powell and Mr Sweet en BoxingDay. Mr Powell hit Mr Sweet, Sweet hit Powell after he fell down. Was sure Powell hit Sweet first. Did not see Powell kick Sweet. Sweet got up after he was hit. Saw Mr and Mrs Morris standing at their gate. Was sure Powell hit Sweet first. [Witness was closely examined on this point, but his evidence was unshaken.] By Mr Cathro: Did not remember saying that Sweet struck Powell first If he did he was mistaken.

Thomas Pewell, son of accused, saw the row between his father and Sweet. Did not hear what was said. They were talking for a minute or two. Sweet had a supplejack, and struck his father. His father took the stick and threw it away. He then knocked Sweet on the head. Sweet sat down. He afterwards took him by the coat and tried to raise him. Miss Sweet came up and struck his father several times. His father took the rake away, and Miss Sweet foil back. Saw

the Morris family and John Charteris. Was positive that Sweet struck his father first, Thomas Powell, the accused, said that on the evening of Boxing Day he met Sweet and asked him why he had sued Mrs Powell for £1 8s when he knew that he (Sweet) had borrowed 10s from her. Sweet said Mrs Powell was a D liar. Said if he was not careful he (accused) would give him a clip under the ear. Sweet then hit him three or four times over the head. He then gave Sweet a slap over the head, and he fell down. Did not kick Sweet. Miss Sweet came up and hit him three or four times with the rake. He took the rake away from her. Miss Sweet fell back in a fainting fit, or something of the kind. Was certain Sweet him first. Hia Worship said that the evidence was very conflicting and unsatisfactory. Under the circumstances the information would be dismissed without costs. CITIIi CASES. A. Oolville v.. G. Stumbles Claim €l6 3s. Mr Salraond for plaintiff, and Mr Hay for defendant. This was a c'.aiio for £ls. balance on the price of a tuibine, aod £1 3« the valua of certain tools lent and not returned. Alfred Colyille aaid that in March, 1889, he agreed to ereot a turbine and fluming at hia flax mil! at Orari for the sum of £55. Agreement produced. His Worship remarked that the agreement was unstamped. Hid don© the work according to contract, aßd bad received £4O on oceount. Had lent certain tools to Mr Stumbles' nephew, who was in charge of the mill. They had not been returned. They were now in the pOßßeaaion of Mr Blake, who had bought the mill. Valued them at 235. Entered iote a contract to lengthen the ) fluming, and make the power of the turbioe equal to 10 horse-power. There was not sufficient water to drive the wheel fcr Ihe mill to work. He estimated there was 1600 cubie feet of water goibg through the flume per miouto when he first looked at the work. The extra flaming leaked owing to the timber being greeD. Objected to the timber to Hitchcock, but had to use it. Bafore he left there was not enough water to drive the wheel. There was about 2io in depth coming down the lame wh«n he left. On AugUßt 17th went oat »nd made ihe machinery go. Mr Hitchcock was present. By Mr Salmond : Had gone with Mr Bruce to measure the stream. It was calculated to give 1600 feet a minute. There was then 7 inches in the fluming. When ha finished there were about 2 inches. The flume leaked owing to defective timber, whioh was ordered by Hitchcock.

In further cross-examination the witness held there was not enough water in the oreek, that the work was properly done, and that the failure was due to w-»nt of water, which leaked through the flutne. Agraed to give 10-horse power, but the water failed.

William Border, engineer, Ticuaru, said that in December last 2300 cubic feet of water per minute was passing through the flume, enough for 27-horse power. The turbine was properly fixed, and everything in good order. It reply to Mr Hay, the witness gave a scientific description of the working of the turbine, and asid that as Mr Colville had left it, unless the tail race had bean lowered or the turbine raised, _ 10-horse power could not have been obtained. la reply to Mr Salmond he said ©nly about five inches of water could have been in the flume, and that would only give 4-horse power; but if fourteen inchea passed through it it would give 18-borae power. W. 6. Rutland stated that the work at the fluming was well done, the leakage being due lo shrinkage. Walter Blake, civil engineer, who purchased the mill from the defendant, said that with Mr Colville's arrangements only 4 or 6-horae power could be obtaioed, l»nt Mr Brenton had made alterations, and the mill was worked with the same amount of water. The tail, racs bad been lowered eighteen inches and the turbine raised six inches, and if this had not been done the damming np would not have done. Witness then described minutely what had been done, and said the cost was £4O. W. Stewart, farmer, Or<iri, said there was less water in the creek in April last than now, but before Mr Brenton made the alterations the water increased. The water was very low between April and August last. G. A. White, manager of the mill, gave several trials to the water power, but it would not work. Attributed the failure to the raising of the fluming, to the sagging of the flame, and the scour at Ihe penstock. In June last there was water for 15-borse power. The leakage was nothing, but the supports were insufficient, aud if there had been a larger volume of water the flume would have been canted away. It was not deficiency of water ie the creek, but the fact that the water would not run up hill that prevented the water reiching the mill. John Brenton, carpenter, Orari : Had experience with turbines. Had tried this with Mr Stumbles. With eight inches of j water in the flame there was only enough power to drive the main shaft. This would be equal to about S-horße power. There was plenty of water to drive the wheel when Mr Stumbles and he visited the mill. Witness explained what work had been done in connection with the ulterations. The water should be brought down at about one and a half inches to the chain. As still aa posoible was Ihe rule. To bßve got the more 10-berse power would have co"U £25. George Stumbles said Hitchcock h*d leased the mill. Had never Bold to Mr Blake anything that was not lub (witness's) property. Had no objection to Colville lemoviog the toole. Mr Colville guaranteed to give him 10 horse-power with a turbine for £55. Trusted Mr Colville entirely. When the £4O was paid had raised an objection, as the work wbb not finisbtd. Be promised to make it all right, but got no satisfactory results. Eiad allowed Mr Blake a rebate on the price ef the works in consequence of the repairs required. By Mr Salmond : Did not know what depth of water was neceiaary to give 10 horse-power. Allowed Blake £ls for putting the fluming right. i' Jameß Ralph, accountant, Timaru ; Was I present when the contract between I Stumbles and Colville was mads.

Stumbles was only to fiod material. Oolville said that he could easily give 10borße power for £55, and an agreement lo thvt efftct was written out.

His Worship brhfly reviewed tbe evidence, and gava judgment for defendant with costs. The court then rose.