RESIDENT MAGISTRATE'S COURT

Thames Star, Volume X, Issue 3112, 7 February 1879, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. ' {Before Major Keddell, E.M.) ASSAULT. Ah fNong was charged with assaulting Mrs Louisa Dufty, at Parawai. Mr Miller appeared for defendant, and pleaded not guilty. Ah Kew, a Chinaman from Auckland, w4s sworn to act as interpreter. There was a cross-action also for aasault, and it was agreed to take the evidence of the ooe case for both.

Louisa Dufly, sworn, deposed—l am the wife of T. Dufty, milkman, Parawai. On Wednesday last, about six in tbe evening, I was near the defendant's garden, having gone there for the purpose of diverting the 'water of the creek. I diverted a portion of the water, when defendant came up and struck me several times about the body with a shovel. A doctor examined me, and ,saw the marks. He only stopped when he saw Mr'Kelly coming out of his house. By Mr Miller—This is not the first , time I have had disputes about the water. When I turned; on the water he always stopped it. I always went through Mr Kelly's ground. I was in the creelr. The defendant was not there when I got' to the creek, and I had the dam partly pulled away before he came >. He said something I did not. understand, and then said in English he would chop me up, and called me a—— ——. He then jobbed at me with the shovel, and struck me with it, knocking me down. It was a long handled shovel. He "jobbed" me after I called out "murder." He tried to cut me up. He "jobbed " at me and marked me several times. He jobbed at me on the hip. The doctor didn't want to see the marks on my hip. •The defendant is a gardener and used the water for his business. I had a piece of stick in my band, and struck him once as the blade of the shovel ran into my arm. Defendant has been a very quiet neighbour, and the only difference we have is about the water.

Ah Nong, having been sworn in the Ghinese. fashion by blowing out a match, deposed-r-I saw her on Wednesday last on the creek a little way off .my place about five o'clock in the evening. Mrs Dufty was opening the bank of tae creek which I had stopped because I wanted to water the garden. I have toy garden on lease from Mrs OTTeefe, whose agent is Mr Paul. On Wednesday Mrs Dufty pulled down' the'dam-which I put up, and: i proceeded to dam it up again. Mrs Dufty said " If you stop that water I'll give it to you.'' She had a stick in her hand about three feet .long and three fingers thick, and she struck me with it. (Witness tucked up his sleeves and showed some bruises.) These marks were made by Mrs Dufty. T tried to take Me stick from her, but she is strong, and we pushed about and she fell on the ground. The place where;she fell is very rough wj|h stones and stumps. I did not strike her with the shovel or attemp to. I have been six years at the garden and have always used the Water. ■■ ; / >. /

By the Bench—l had not a shovel with me at the tinje. f r T'XT By Mrs Dufty—l had not a shovel with me at the time. I did not use a shovel to stop, up the creek, but stopped it up with my hands. I suppose she fell down and hurt herself. ! m :l ']'/.:. i}-:..i-.\

Frederick W\ Paul, sworn, deposed—l know a Chinaman called' Ah Nong, and his garden at Parawai. Mr Evan Prosser has the freehold of the ground. I act for, Jiim^-...:Mr-.Q'£fefe^oriDe^l7- : owned the ground.' 1 know ihe creek flowing through the ground. ,-,. Ah Fongj has my permission 4p, itpp ,upithe^ ipreek. Mrs Dufty laid she claimed a portion of the water. > ■■■-.£..""/" ■ }■■[»,;■■■■<?* %{?'■??*' His Wo«hip wsaid tt^jit''a Jqli leitibn'.of disputed^ title having cropped lip, ,he would have to dismiss the case, as he had no jurisdiction. He" could not make an order ; .for costs' on either.. tide, but, the, cost* of interpreter would be borne by the, >:.■■:■■■*&> i AHOTHEB CABE. V ■. .;...,/ Hugh Fisher was charged with as* saulting one John O'Neill on Sunday last. . „,.,...,.,.. :.::' ■ '" ;: " Defendant pleaded guilty. John O'Neill, • worn",'deposed—l am, a miner. On Sunday defendant, came up to me and asked me about some money. We had some words .aiiii he struck me. I had my hand cut.' Defendant, said that they had some words over money matlert, and plaintiff called him a liar, and he struck him. Fined 10s and costs, or three days' imprisonment. : ■ ■ ■ NEGLECTFUL PARENT.' ; Alexander Wilson was charged with failing to comply with an order '■ of the Court to contribute for thirteen weeks to the support of his illegitimate child. Defendant pleaded guilty. Mr Miller appeared for plaintiff, and Mr Dodd for defendant. >

J. B; Stoney, Clerk to E;M. Court, proved the making of the order on the 18th March, 1876, but said ho could not find the order made. Defendant had paid £23 on the order.

By Mr Dodd—l believo that an order was made, but I cannot swear positively I wrote out the order.

Elizabeth Birdwood, sworn, deposed— In 1876 an order was made on Wilson for the support of the child. Besides the money I have received through the Court, Wilson gave me £8, and I gave him a deed releasing him from the support of the child. This was some time ago, when I thought I was leaving the Colony. I have lately been getting rations from the Borough, and would not have troubled Mr Wilson if I could support the child.

By Mr Dodd—l have never demanded anything from Wilson since he paid the £8 and the making of the' deed of release.

Mr Dodd submitted that the case must fall through, no demand having been made of defendant,: and, as prescribed by the Act, defendant had not been brought up on warrant. ■ His Worship made an order for £4 2s 3d and costs. ■ ;

F ! BREACH OP LICENSING ACT. • James Eowe was charged with unlawfally selling liquor without a license at the Theatre Eoyal on the Ist inst. Mr Miller, for defendant, pleaded guilty. He said that the defendant's father, Mr W. Howe, had put the present defendant into the hotel as bailiff for nonpayment of rent. Some persons came into the bar, and the defendant asked the licensee if ho would servo them. The licensee said, " No, I won't, but you can sell away as long as you like." On that authority the defendant, though not in the employ of the licensee* sold liquor, and so committed a breach of the law. He asked the Bench to take a lenient view of the case.

His Worship inflicted a fine of 20s and costs.

The Court then adjourned till two o'clock.

His Worship re-took his seat at 2 p.m. CIVIL SIDE. Judgment foe Plaintiff. In the following case judgment was given for plaintiff:—Bar ty v. Mcßae— Cla?m £2 10s 6d, goods, and costs. [Left siring.]