RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2923, 28 June 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before W. Fraser, Esq., R.M.) Judgments fob Plaintiffs.

In the following cases judgment passed for plaintiffs, with costs :—Mears v. Davies.—dlaim, £6 10s Id, goods, and costs, £2 4s. McDonnell v. Nicholai.-—Claim, £2 16s 6d, goods, and costs, 19s. Thompson v. Tjnipoaka.—Claim, £15, promissory note, and costs, £2 10s. Brown, Campbell and Co. v. Reha Aperahama.—Claim, £24 7.1 6d, goods and promissory note, and costs, £3165. ;> Judgment Summons, snodgbass v. moobe. Claim, £6 7s 6d. , Mr Macdonald for plaintiff. C. J. Moore, sworn, deposed—l am the person against whom Snodgrass obtained a judgment. I have not paid any portion of it. I don't think I owe it properly, only a part of it, lam not at work just now. I am hot in a position just now.. Mr Snodgrass was in a claim and did not pay his calls. I have no other judgments against me, but owe other people money. I have got some money. I have £7.

Order made that defendant pay half the debt and the remainder in 3 months; failing any payment to undergo 1 month's imprisonment at Mount Eden.

Defended Cases. ' coote v. ahi pipene.* Claim, £18 10s, board and lodging, &o. Mr Macdonald for plaintiff.

Defendant admitted owinj- £2. J. M. Coote, sworn, deposed—l am the plaiutiff in this action. The defendant owed me money, and we came to settlement, and he gave me, the LO.U. produced. Guilding interpreted it to him. Defendant said he took some of the goods up for his brother as owner of the steamer, and did not understand thel.O.U. H( had had an account supplied to him. j". W. E. Guilding, sworn, deposed—l am a native interpreter. I witnessed this document, but don't remember interpreting it. I heard the defendant admit owing money to Mi- Coote. I think that Pipene has a share in the store at.Te Aroha.

Defendant said he thought he must have been drunk when he gave the note. Judgment for plaiutiff £18 10s, and costs, £4 11s. OB MB V. CLABK. Claim, £3 7s 6d, goods. Daniel Orme, sworn, deposecl—l am a butcher, carrying on business in Grahams town. I supplied the goods and bill of particulars. I hare received £3 on account, instead of £2 as in the account, leaving £3 8s 7d ow|ng. Frederick Clarke^ sworn, deposed—l am the defendant, and used to deal with Urme. la the year 76 m June and July I did not. deal with Orme. - By Mr Orme-~I did owe Mr Adcock some money. Plaintiff produced his books, which His Worship compared with the bills of particulars. Defendant asked that the^case be adjourned, when he could produce bills to prove he had been dealing with other butchers at the time Orme's account stated he 1 had been dealing with plaintiff. His Worship said he would adjourn the case till next Court day. WRIGHT V. ELtBN WABTON (A NATIVII). Claim £1 9s 6d, work done. — Wright, sworn, deposed—l am the plaintiff in this action. I did fhe 4£ days' work'for the defendant repairing her fence! She offered me £1 which I would not take.

William Swindon, sworn deposed—l am a practical fencer and ditcher. I saw the work Wright did for the defendant. It was a difficult job; and I valued it, and think he charged very moderate. 7s per day is the usual pay for such a job. Emma Warton (a native) sworn, deposed—l am the deiendant. I employed this man to do some fencing for me. It was already erected, and he was to put some boards at the bottom, and repair it. He came several times late, and went away early in the afternoon. J expected him to come to work at 7 o'clock, and not leave till 5 o'clock. He demanded £1 15s, which I would not pay. I heard Wright ask Ellen for £1 15s for the job. George, a iSative, sworn, deposed—l caw Wright going to work at 9 o'clock and ten o'clock, and leave off at three o'clock. .

Hieta, sworn, gave corrobative evidence. . ■

Judgment for* plaintiff for the amount paid into Court (£1 ss), without costs. Court adjourned till two o'clock. .

The criminal business of the Court was resumed at 2 p.m.

A Rswdy Native.

Hunia was charged with assaulting Constable Baldwin, while in the execution of his duty, obstructing the police while in the execution of their duty,-and with tearing Constable Baldwin's uniform. /^ Mr Wilkinson was sworn as interpreter.

Mr Macdonald appeared for the defendant, who pleaded not guilty* He said practically he believed the defendant was guilty of the second charge, as he had obstructod the police by preventing them locking up a drunken Maori. Mr Bullen stated the case, the particulars of wheh are pretty well known to onr .eaders.

Consfable Baldwin, sworn, deposed—l am stationed at Shortland. I was on duty in Grey strrefc,' Shortland, on Tuesday ni^ht fast. There were a number of natives about. I saw a native drunk who had just come out of the Shortland Hotel. I know a boy named Bulter'worth. • .He was present *at the time I first saw the drunken nrlive. The latter fell down, and I asked Butterworth, who can talk Maori, to tell the native to go home. Butterworth spoke to him, but he walked a few yards and commenced to call- out. I then arrested him. None of the natives about had care of the drunken nafive. He went a few yards quietly, and then commenced to struggle. Four or five natives came on to me at the same time, and I was thrown to the ground. The defendant was one of them. I blew my whistle, and the defendant commenced to kick me, and tried to wrest the drunken native from my grasp. Constable Haslett came to my assistance and shoved one or two of them on one side, and I managed to get up with my prisoner, and Haslett took his other arm. The natives then swarmed round us and hustled us along for about 50 yards. The defendant was the ringleader, and he was shouting and yelling for the others to take the prisoner from us. We saw that they were determined to take the man from us, so we let him go and arrested the defendant. Haslett blew his whistle several times.* When I arrested the accused lie started kicking and striking at me with his fists. Me hit me several times about the head and body. I was in uniform, and had on that uniform cloak, which was torn by defendant. Us value is 255. After arresting the defendant we backed against the fence, and Constable Day and Sergeant Murphy came to our assistance, and with their help we got the prisoner to the lock-up. I saw Dr O'Flaherty next day, and shewed him .several injuries inflicted , by the prisoner. . By Mr Macdonald—Defendant was one of those who struck me. I have never before been on duty amongst z large number of natives and cannot s :eak Maori. If I had not arrested ilie drunken Maori I don't suppose he would have struggled. Defendant was struck with a truncheon, and had one handcuff on. Several other natives sti uck me, but I was not hit on the face. The defendant was continually calling out. My coat was torn by defendant be fore I got the handcuff on. lam sure.it was defendant who tore my coat. I did not "strike defendant, as I had given my baton to another constable to keep the crowd off. The defendant did not have hold of, the'drunken Maori before I arrested the latter. Two boys— McMasters and Butterworth —were pre- ; sent when I arrested the drunken Maori. There were also two or three Maoris^ ' straggling about. ' By Mr Brasaey — I could not get the ; second handcuff on in consequence of the ' crowd. lam positive defendant kicked me when I fell. •/ '

James BuUerworlh, sworn, deposed—l ara a^ cabman, and recollect being at Butt's corner on Tuesday night last. I saw Constable Baldwin there, and a drunken Maori; Baldwin asked me to tell the latter to go home, but he would not. He then began to stagger and fell down, and the constable went and picked him up. Several other Maoris then ran and commenced to hustle the constable, and knocked him down. Defendant was one of them. No one interfered until the constable went to the middle of the road. When Baldwin blew his whistle another constable came. (Witness here gave further corroborative evidence.)

By Mr Macdonald—The Natives appeared to be trying to pull the constable and the. drunken Maori apart.

Constable Haslett, sworn, gave corroborative evidence.

Dr F. O'FJaherty, sworn, deposed—l am a duly qualified medical practitioner practising afc Thames. I know Constable Baldwin. He visited me on Wednesday morning, and in consequence of what he told me, I examined him and found his right side much bruised. , A^ By Mr Macdonald—A "strain wafcfe not cause the bruise on the ribs.

Thomas Pick, sworn, deposed—l am a compositor, and recollect seeing a native coming out of Endres' hotel on ..Tuesday night last. Another native had hold of him at first, and I cannot swear that the native was drunk. When the drunken native was left by himself Constable Baldwin said to me he was going to frighten him off home. c

This concluded the case Cor the prosecution.

Ngara, a native, gave evidence for the defence to tbe effect that Hunia had charge of the drunken native.

Mr Macdonald then addressrd ' the Court for the defence.

His Worship in giving judgment highly complimented the police for their action in the case. He said for* the first two ofiences defendant would be sentenced to one month's'imprisonment with hard labor, without an alternative, r.nd for the tbird he would be fined 20s and costs, r id the 25s for the Constable's uniform.

Court adjourned,