RESIDENT MAGISTRATE'S COURT

Temuka Leader, Issue 2498, 4 May 1893, Page 4

RESIDENT MAGISTRATE'S COURT

Geualpine—Tuesday, May 2. TBefore C. A. Wray, Esq., R.ltf., and H. W. Moore, Esq , J.P.] .AfcMSGKD ASSAULT. Thomaa Maora w#s charged, on the information of James Bu.pz)w t that lie did on April 23rd, at Geraldino, assault oue Minify Butcher, by pushing liar into » oorso bush. Defendant pleaded not, guilty, and was defendsd by Mr f. Smith. James Butch©?, informant, deposed that at about 4.30 p.m. on the Sunday in question he was on the hill Heap his; house, when his three daughters came ii]> &o;n town. Defendant's daughter— Aiiwie Moore —was there, and had called his (plaintiff'o) daughter Emily all kinds of names, and said they ivere all thieves. Witness' daughter, Floms, &&§& lw wh .Y she called thorn names, and Auiija Moor.e said that her mother told her to. Moore then came down the hill, and first caught hold of witness' daughter, EuTy, and threw her into a, gerse bush, and said he would kick her b—-g-. — out. Witness' daughter, Florrie, pushed Moore away, or he would have kicked he*' while she was in the bush. His daughter had not been right since. Her hands were swollen &n 4 she was very weak, and had not been t& Cfcurch. since. To Mr Smith : Witness had been a neighbor for about 18 years, and never annoyed the chile 1 -en or neighbors by calling them names. Florence Butcher, daughter of plaintiff, deposed that she and her two sisters were coming up the road near their home, when they met Annie Moore, a girl about 14 years of age, who called out to them "He'lo George." When they got to the top of the hi 11 , her sister Em' y said " I can't stand it." So they waited for Annie Moore to come back. When Annie Moore came up the hill witness asked Jier why she had called them " George," and she said " So you are," and pointed to her sister Emily, and also said " You're a lot of thieves." Moore, then cawe dowft the lull uu4

pushed Emily into a gorse bush. Witness tried to stop him, and he used bad language, and said " You're a thief." Her father then came down to stop Moore, and the latter abused him and afterwards struck him on the eye, giving him a black eye. To Mr Smith : Her sister Emily had a stick, but did not strike Annie Moore. Emily " kept company" with a young man named George, and Annie Moore called out to her " George, why don't you wear the trousers."

This closed the case for the plaintiff. For the defence Mr Smith called

Thomas Moore, defendant, who deposed that on Sunday, April 23rd, about 4.30 p.m., he saw plaintiff and his three daughters on the h -1 1. Witness's own daughter, Annie, was coming up the hill with milk when he noticed the girls go forward to meet her. Emily had a stick and started to strike at his daughter, and from where wituess was he thought she struck his daughter. Witness then ran down the hill and took the stick from Emily, and said to his daughter " Did she strike you?" His daughter replied "No."

To the Bench : Witness never pushed Emily, but said to her " You have been telling lies about my girl." He never struck Butcher, but only pressed the back of his hand against his face. Butcher had been in the habit of annoying witness's wife when witness was not at home. The gorse bush was not on the side of the road where he took the stick from Emily, and to throw her into the bush he would have to drag her across the road.

Annie Moore, daughter of defendant, deposed that she called Emily Butcher " George," and Florrie afterwards asked witness what she meant by saying this. Witness replied " Because Emily said my mother goes begging." Witness's father then came and took the stick from Emily. He did not knock her down, neither did Emily fall down. Emily Butcher did not strike witness, but struck at her without hitting. William Morrison, deposed that he saw the quarrel just after it had commenced. It was about halfway up the hill. When he looked up Mr Moore was scrambling with Emily Butcher to get the stick, and wrenched it from her hand, and then kept her off so that she would not touch him. One of the girls afterwards came behind him and grabbed the stick, but defendant took it from her again. The affair happened on the side of the road where there was no gorse. Did not see Emily Butcher fall. Moore never pushed her. W. Thomas, a resident in the neighbourhood of the quarrel, deposed, as to seeing the end of the quarrell. Saw Moore pass his gate running down the hill. By the time witness got to the gate defendant and the others were coming up. Defendant had not time to throw Emily Butcher into the gorse bush before witness got to the gate. Coming up the hill both parties were nagging with each other. Butcher's abuse was of a personal character, and so enraged Moore that he ran at Butcher with the stick in his hand as if to strike; but at the last moment curbed h?s temper and simply pressed his hand on plaintiff s face by way of defiance. Plaintiff held his face in the one position all this time, and would undoubtedly have shifted it if he had been struck. During the heat of the quarrel defendant swore at plaintiff. The bench considered that the assault had not been proved, and dismissed the information, each party to pay their own costs. MAINTENANCE. Denis Connolly, a blind and destitute man, sued his brother, Michael Connolly, for maintenance. Defendant did not appear. Plaintiff could not prove_ that his brother was in a position to maintain him. The Bench would not grant an order, but recommended informant in the meantime to apply to the Charitable Aid Board for assistance, and if he could later on prove that his brother is capable of maintaining him an order would then be granted. The Court then rose.