RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2188, 14 April 1891, Page 2

RESIDENT MAGISTRATE'S COURT.

Tbmctka—Monday, April 13, 1891.

[Before 0. A. Wray, Esq., R.M.] . . ASSAULT. Geo. Ramsay was charged with feloniously and violently assaulting Thos. McGuire atj'emuka on April 5; Mr Aspinall appeared for the defence, and asked that the case might be dealt with summarily. : His Worship said "that he would hear a portiou of the evidence before deciding that point.

Thomas McGruire, the complainant, said: On Sunday, the sth April, he was sitting in a room at his hotel at about 1 o'clock. He heard some loud talking, and went out to see what it was. The accused, Bamsay, was standing at the kitchen door. Witness had slippers on as he came forward, and heard him say of one of the girls that she was "no better than & [ common larrikin." There was no .- noise, only loud talking. Caught him" by the neck and put him out, and told him to clear, Accused's feet slipped, and he came down on hands and knees. He got up, and ran at witness, saying he would knock his big stomach off / him. Tried to get at him, when accused ran up the yard and picked up a stone. (The stone produced was found near, and witness believed it to be the stone.) The stone was thrown, and struck him on the head. He fell insensible. Had occasion to order him out several times before He was a nuisanca when in liquor. He was half drunk at the time, Considered h,Q

was attacking the girl's character, and that made him short with him. Had not told him to go. He had not been supplied with liquor at his house. Had been confined about the house since the assault, but not actually laid up. By Mr Aspinall: Did not hear him uee any foul expression. Did not know the girl and accused had been chaffing one another. He was not offensive in any way, and only made use of the expression " common larrikin," aB mentioned. Threw him out before Bpeaking to him. He CBms up within a few yards of witness when he threw the atone. He came up laughing. He had offered to apologise. By the bench: Had ordered him out, and he had promised to keep away. Since a previous row he had not been supplied in the house. Henry William Campbell, duly qualified medical practitioner, residing at Temuka: On the sth of current month was called to see Mr McGuire He had a bruised cut about l£in long on his head. It appeared to have bled profusely. It was cut to the bone. It might or might not be dangerous. By Mr Aspinall: There was no bone broken, but every wound of the head was more or less dangerous. His Worship at this stage intimated his intention of treating the ease summarily. Accused pleaded not guilty, Mrs McGuire, wife of flraj witness, '",,■ said : Ramsay came to the kitchen on %he morning of April sth. Told him -not to come in. He came again later. He said ne supposed she had been making mischief, and said the girl was nothing but a larrikin. Mr McGuire then came down. She did not see any more of the occurrence until she saw her husband on the ground. Understood that the accused was re- < fleeting on the girl's character. The second time he came he seemed to have had too much to drink, By Mr Aspinall: The first time he came was early in the morning, the next about one o'clock. Could not say if there had been any chaff between accused and the girl about the Ist of

April. Emily Robinson, a visitor at the hotel, said she remembered the sth of A pril. She was standing looking out of the window, and saw Ramsay throw a stone and her uncle Mr McGuire fall down. She then left the

window. Conetable Morton said this was the case. He had arrested accused on an information being laid.

Mr Aspinall said that in addition to calling accused, he should ask His Worship to issue a prohibition order against accused. He could call several witnesses who would state that the accused was only a nuisance when under the influence of drink. He called

George Gordon Bamsay, wh said he remembered the sth April. Had a conversation with the girls at MeGuire's Hotel about some fooling business on April Ist. Prior to the assault had no words with Mr !, McGuire. Was thrown out before he knew his assailant. Was willing a prohibition order should be taken out, Uonstable Morton said if the accused would keep sober there would be nothing against him. When arrested he was slightly under the influence of liquor. Mr Aspinall reviewed the circumstances of the case, There had been no offensive language, and upon being suddenly thrown out it was only natural, on the impulse of the moment, that he should take means of assaulting his assailant that he would afterwards regret. Eeplying to His Worship. Constable Morton said accused had jobbed about, doing a little work now and then.

His Worship, addressing accused, said be must pass a substantial sentence, but be hoped he would take it to heart and mend his ways when he came out, He would receive 28 days'

imprisonment, with hard labor. A Prohibition order against accused was also made. v CIVIL CASE. *E. Vallender v. John Spillane— Claim £1 2s 2d.—Mr Aspinall for .plaintiff.—Judgment by default for amount-claimed and costs. W. C. Roulston v. C. Goodwillie—- ( Claim £2 7s'lod; judgment summons. —To be paid forthwith, or in default 3 days' imprisonment. J, H. Walker v. A. Foster—Claim £2 Bs.—-Judgment for plaintiff by desault, with costs. The Court then rose.