RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2194, 28 April 1891, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—Monday, Apbjl 27, 1891. [Before 0. A. Wr-ay, Esfj., KM.] crra. cases. J. Brown v. Haury Lynch—Claim £lB 6i si.—Judgment for plaintiff for amount, claimed and costs. Win, McLood v. John Cartor—-Claim £3 12. i 81.—Judgment by default foe win Mint claimed and costs. W. Tayier v. John Garter—Claim £2 3«. —Judgment by default for amount claimed and coats, J. H. Milligan v. John O'Qrady— Claim £3 15j.—In this case, one of disputed accounts, defendant gave evidence for transmission to Oamiru. Mr Salmond appeared for defendant. ALLEGE!* ASSAtTLT. T!ioa. Simpson v. ±*iit Mitchell.—Mr S.imond for informant and Mr Hay for defe-idant. —Thia was a case in whioli defendant wia charged with unlawfak" assiult, obscene language, and threatening! language. A. cross action, Mitchell v. Simpson, for assault, was taken at the eame time. Mr Salmond called --^ Thos. S rapison, farmor, Waitoh'v remembeisd April 11th. Was driving from Tiruaru with Mrs Smith, a neighbor. Passed Mi'diell, who was in a trap. Handed him a note of some damages claimed for sheep tresp.ss. Drove on for sotn > way when Mrs fcmith called out that Mitchell was following at a g'loping pace. Shortly afterwards Mitchell cams up and M s Smith "rew the tr.»p to odd side and called out to Mnctell to cuind and uofc drive into them. Mitchell used most offensive language. (This was written down by witness. ) Mitchell drove into Mr 3 Smith's trap and duinagid it a little. He passed and got in front .mi got out of his trap, Informant then got out and sake J what he wanted. Defendant con tmutd to swear, and used threatening language, faying ho wou'd kid him aid burn them all out. w itne*s left him, and gui into the trap agiin. M tchell y ot into his trap ami pmsed them again. H* got up and picked up a big stone of 3 b or 4Ui weight, and threueiiuU to bruin them with it. Witue.ie got ou', and as he did so Mitchell threw toe stone, whioh hit the horse on ihe head, dinting the I toßHtteon the house's wiukers. If it had hit M's Smith or the chid it would have killed them. Wituess went towards dee (endunt who then bad another stone, and to d him to throw it down. He did not, and wfmess knocked him down. Aa he was getting into t lie tap agaio Mrs Smith o lied out ''Here's another one," and wiiii'.-ss, he aas abiut to throw iMiolher stour, knocked him down again. Wit est then to<>k the reins again and drove on. Dtfon fant passed them again at a g'l ; "p, and g>t in front of them. Jumped on! of 'ha ir-tp, and pulled off his coat «nd h-«t and challenged him to fighi, still curbing uii I swearing. D d not iiiink defendant was drunk. Informant p*us«d dim and drove on, the defoudint follow Dg up to the r.verhed cutting. He threatened to kill him, buni him out, and drovp him off the fl.r. Had never had any bid words with defendaut bsfore. By Mr Hay : H ( d been a neighbor for soma five yews, and never had any bad words except about occasional trespass of sheep. in this particular instance the wus assessed by two neighbors whom statement was in the latter handed to Mitchell. They hud b9en in Tiuaaru .ill day. Mtciieil was not drunk or excited. Thought that when defendant said he would bniu him out hi would do it, as heird that M'tchell would do anything he 3iid. The row occurred in the rivetb»fc-~ .:ie £ol out of the trap four times altogether. Hi commenced using bid language before he got oui of the trap. Defeudant did not strike witness. Was knocked down by witness. Had not a stone in his hand -»t Iho time. Mit hell's lie-id was cut and b.'eeding. Defendant was about two yards from the hnrsjWhen he threw it. When he throiv it he was no', throwing it at any occupant of fche trap. Did not know he knocked the aensea out of the defendant at the first blow, but expected ho £«U it.

Witness expected he wpb a yourger and stronger min than defendant. If he wa." badly hart he could not have jumped into the trap ao easily. Josephine Smith, wife of Mark Smith, Waitohi Flat, reaifmbered driving on: fronu Timaru, accompanied by Mr S Passed def-r.daofc at the »Id Kerryio»*n Hotel. At Simpaeo'e request, stopped, and the latter handed Mitchell n pap<r. Ho paid, "Thank you." They drove on, and crossed the first stream in the Odihi. Noticed then Miiche'l w»s following, galloping and canteiiag. Draw off the track, mid called out to Mitche I not to drive info the trap. He knocked abont two iuthet off the rinshbaarrt. Mitchell pbbspil ahe«<. and picked up u stone, and she being frightened culled out to turn not to hit hoi i or the child. She had her child of fifteen months old with her, find b e was more frightened for it than for berseif. He threatened to kill them, burn tbi-m out, and driv" f; ni off tho Flat. Witness tl'en corroborated previous witness as to the encounter wi'h Mitchell. Mitchell used obscene By the way hv spoke she believed M tch-.1l thought «he waa Simpson's wife. [Witness objected to write down the language used] Argument ensued as to whether the language written down by Simpson bore the character of obscenity. His Worship thought it shoald be taken as abusive or threatening, and counsel Agreed. Witness conlinaed : Had never spoken to defendant. Did not think Milcheil was drunk. He might have been drinking. Was much frightened at Mitchell's conduct. Had never b»en well since und bad been under medh>l care. Had been frightened since and was afraid to live iu the house by herself. By Mr Hay : Her husband and Mitchell were not bad friends «« far as she knew. Until what happened had never spoken to Mitchell. Know him by sight. Mitth-H told Mr Smith that he had mistaken her for Mre Simpson. When the row look place Mitchell lifted a stone, and looking at her said he would brain them all. She cried out, "For God's sake don't hit me or th» child." The horae was btopped and held hard. After the atone was thrown snd Mitchell knocked down did not notice blood on his bend. W«s sure Simpson had no stone. When Mitchell got up he had a etone in his hand "grin, and Simpson knocked him down. Mitcboil had offered to apologise, bat she and Mr Simpson thought it better to take th» matter to Court and get it settled for a considerable time For the defence, Mr Hay called Eli Mitchell, farmer, Waitohi Flat: Had resided ihore for 17 years. Was 56 yo*is of age. Had known Mr Simpson sor 6 years. Ou the llh was corniog from Timaru in his trap with his aon. Rec> ived an account from Simpson on the ro-f'i, Overtook Simpson in the riverbed find could recollect something that occurred, but was the woree for diiok. Overlook them and called out to let h<m p>ies. They did. He passed and stopped. Believed he bad a stone in his band at some time, but could 'not altogether recollect. Uai knocked down by Simpson and partly stutmed. Was bit ■ in the ear. Wmb just up on his feet when be was knocked tiown ngiiu. He could , not think he w.»a acting in defence. Had no ill will rgainst Simpson. Could only , account for it by the lifc'e drop of drink, j Had always been good friends with Mr t Smith. They would borrow and lend to , one another. ( By Mr Sulmond : Hi* foil name was ( EH Payne Milcheil. He did not reanember being fioed for ass'iult. It was not a favorite amusement for him to assault his wife. They might have a few words sometimes. Drank sometimes, but was not dangerous. Was too weak. Had Btruck his wife sometimes. Mr Hay objec ed. His learned friend waa exceeding the limits of fair crossexamination. Cross-examination continued : Was not angry with Simpson. Could not say why he galloped after him. Could not ulwuys hold ia his horse. Remembered haying a ' utont) in his hand once. ' By His Worship : Was not in the habit of threatening to burn places or kill people*. Eli Mitchell, aged 10 years : Was a son ( of ihe lust witness, and wis wiih his father on Saturday, April 11th. When his father came up to Simpson in t'"e riverbed he called out to him to get out of the vkay. He .id. His father tiied to run into him. Simpson got out twice, and his f.ther ibree times. The first time nothing was done, ihe second tim* his father got out and picked up a stone and hit the horse, and Simpson got out and knocked biui dow». He »«a not tryiog to throw it at Simpson. His father then got up, picked up another stone, and Simpson knocked him down ag-sio. W hen they both got out his futber vas attemp'ing to etrike Simpson, His father had been driukiog. After he struck by Simpson he could stand, but whs not atrong. Did not hear his father threaten to burn anything. He was frighteud. ByMrSalmond : His father w s drunk He could jus. stand. Was sure he w« drunk. His futher and mother had not told him whit to siy William Walker, farmer it Wntohi : Had known Mitchell for 18 He was a good neighbor, Dto not think he was the sort of man to destroy property. He took a drop of liquor occasionally, and that was his his worst fault. By Mr r-'aimonud : He was noisy when drunk. Had not heard he was violent and dangerous. Had never seen him assault his wife. Had heard of his kicking up rows with his wife sometimes, and heard once that he had struck her. Was not a friend of Mitchell's ; had only hac 3 dealings with him as a thresher. By Mr Hay : Threshed alßOfor Simpson. His Worship had no doubt that defendant used very abusive, and insultin ;, and threatening language towards complainant. Ho believed he was under the influence of drink at the time, but the expressions showed that he had an illfeeling in his mind, He would be bound over in his own recognisance of £2O to keep the peace for six months, and on the charge of abusive language he would be fined 20i and coats, with solicitor's fee, 21a. In tho charge of assault ho would ba allowed the benefit of the doub\ The Court then rose.