RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2950, 30 July 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS'DAY.

(Before W. Fraser, Esq., 8.M.) :. ASSAULT.

Hgarewa, a native, was charged with assaulting one G. "E. Mitchell, a boy aged about 12 years, at Shortland on the 29th inst. '

Mr E. H. Puckey was sworn to act as interpreter. Defendant pleaded not guilty. ..;.-' George E. Mitchell, sworn, deposed—l was in Pollen street yesterday afternoon, returning from school. I saw that native walking along the street. There were some small boys near and they called names after the native. He turned round and accused me of calling names. Several other school boys were with me and he chassd me. I picked up some mud but he tripped me and threw me down. He hit me on the head four times and placed his hand on my back. I know Maguire. He took the defendant off me. I don't know what the little boys said to defendant. .

Ey defendant—You swore at me. I did not speak to you first., I did not pelt a stone at you. :\

James Perston, a small boy, sworn, gave corroborative evidence. :: By defendant —I saw you trip Mitchell, and saw you hit him on the head. Robert Gibbons also gave corroborative evidence, f

James Maguire, sworn, deposed — I was delivering bread yesterday afternoon," and saw the defendant " hammering " the boy. I took the native off, and gave him in charge. .v : i ' ; ■ ''■''':.-'I ■ . - Hawera, sworn, deposed—-I was with the defendant yesterday in the street, and the native gave no offence, to the white boys. The white boy Mitchell said to defendant, " Maori, Maori, bloody Maori." The defendant chased him, and the white boy threw a stone and hit him on the back. The white boy fell, and defendant picked him up. ByMrßullen—l am sure it was the white boy that spoke. 'Ihe defendant didn't hit the white boy at all. Te Baku, sworn, gave similar evidence. The defendant statld that he was coming down to the telegraph office yesterday afternoon, and the white boy called him names. He threatened to hit the white boy, who picked up a stone aad threw it. He chased him and caught him, and the white boy fell. The defendant then picked him up, and did not hit him. His Worship said as the evidence was so conflicting he would dismiss the case. Court adjourned.