RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2776, 7 January 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before H. Goldsmith and A. J. Allom, Esqs., J's.P.) DBUNKKENNEBS.

Patrick Sheehan was charged with being drunk and disorderly on .Beach road, Grahamstown, on the oth instant. Defendant being on bail, and failing to appear, his bail was forfeited. Frederick Mayo, on * remand, was charged with being drunk and incapable off Mackay street, Shortland, on the 30th ultimo. Mr Bullen applied for a further remand, as the defendant was not yet able to appear. Eemand granted.

ASSAULT. John G. Powell and Sarah Powell wcro charged with unlawfully assaulting one Aleri Taipari on the 4th instant. The defendants pleaded not guilty. Mr Dodd appeared for the defendants, and Mr Miller for the plaintiff. Mr Gr. T. Wilkinson was sworn to tot as interpreter. ■■ Meri Tnipari, sworn, deposed—l reside in Shortland. My ■ husband's name is Hamiora. I was at Mr Powell's hotel on

the morning of the 4tb. I was looking for Hamiora. I went into the hotel yard by a back entrance, but ns it was past 12 I thought I would not go into the house. I then saw a constable who asked me if I was looking tor Hamiora. I said I was, and he saidjic was in Powell's in the room next Mrs Powell's. The constable said he would show mo where he was and pointed out the window of tho room. I called out to Mrs Powell if Hamiora was there. She told mo to go away that he was not there. I said that she wonted Hamiora to husband her herself, She called out to Powell to come and hit me, and he came out and hit me a hard blow on the head. I was senseless, and Powell was vexed, aud called out to Hamiora, who came out and asked Powell why he had hit me. I was not drunk at the time. I went home with Hamiora then.

By Mr Miller—The reason that I beliered that Hamiora was there when Powell denied it, was because that some* thing of the same kind occurred before. Powell hit me with his shut fist as hard as ho could. He kicked so hard that I thought he wanted to kick me to my own settlement.

By Mr Dodd—Powell had no boots or trousers on when he kicked and hit me. I had been playing " typo," and had a drink that night. I had no quarrel with Hamiora that night. . I suppose he went sweetheartiug. Powell never told me to ro out before he hit me. I said to Mm Powell, when she said that Hamiora wasn't there, that she was keeping him there as a husband to herself. I never called any bad names. Mrs Powell asked me if I thought she would hare, anything to do with my black husband. Hamiora (a native), sworn deposed—l am the husband of Meri Taipari. I was at Powell's on the morning of the 4th of January. I was sleeping there. Mr Powell woke me up, and said that Meri was outside. He was cursing and was very tngry. I cot up. He went out and saw Meri lying on the ground. I lifted her up, and asked Powell why he had struck her. Powell showed me how he had done it. He did riot deny striking her, but said he he had struck her lightly. Meri said that Powell had struck her hard. Meri was not drunk.:' ■ .;],'■ '■■■• ■. :■:"■'*■ -; ■' ;

By Mr Dodd-rW? bad some words two days before about the ploughing of some potatoes. Sometimes my wife pays my board when I sleep out, and sometimes I pay it myself. ; ■= •■■ i George ". J. Powell, sworn; - deposed-r-About 12 o'clock I was shutting up my private door when Hamiora and Baika asked me if they could get beds, and I eaid they could. I . asked Hamiora where Meri was, and put him into a bed. Some time after we heard a noise, and I heard Meri tap at my window. She asked if her husband was there. I said that Hamiora was not there, and she called out that my wife was a ' ——. I went out and she held on to a Terandah post. I gave her two taps on the face. She was drunk. Mrs Powell asked the policeman to take, her away, but I did not want her to be arrested.

Mrs Powell gave corroborative evidence. Henry Mann, sworn, deposed—On the morning of the 4th of January I was sleeping at Powell's. I was awakened by a tap at Mrs Powell's window, and I heard Meri Taipari call out that Mrs Powell was —— ——. I did not get up. William Bosegate similar evidence..: The Bench fined Powell 5s and costs, and dismissed the case against Mrs Powell. ; Court adjourned.