RESIDENT MAGISTRATE'S COURT.

Thames Star, Volume XII, Issue 3840, 20 April 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY.

(Before H. Kenrick, Esq., E.M.) DBUNKENNESS.One person for drunkenness was discharged with a caution.

ASSAULT

Richard Moars was charged with assaulting Eichard Hill by striking him with a spade, and also with his closed fists.

Eichtwi'Hill deposed that he lived on the Waiotahi Spur, close by the residence of the defendant. Both allotments were fenced in. On Saturday morning, the 9th inst., witness was in his garden, and one of his children was collecting some mould for the garden just outside the fence of the garden. The defendant came to the boys, kicked the bucket they had away down the hill, and threw the spade after it, besides making use of violent language. The boys went for the bucket and spade, and again the defendant threw them away. Witness came out of his garden ■ and took the spade from the hands of the boy, upon which defendant gave him a push and a scuffle commenced, the defendant getting ultimately- the shovel and striking witness upon the forehe ;d. In attempting to strike a second; time, the daughter of the witness caught the handle of the spade and prevented the blow from beingstruck, whereupen^ defendant struck him twice upon the head with his fists. The ground where the dispute took place is unfenced and is a portion of the Government reserve for water race purposes. The sister of defendant had frequently taken mould from the same place as where the sons of witness were taking it. ■ ' ■■■" "■"■ ' "■■■■ By Mr Dodd—At the time I took possession of my allotments the land in dispute was ocoupied by the defendant, but had not been used by him for the last two years. Elizabeth Hill deposed—She was the daughter of the last witness, and about ten days ago heard a disturbance between the defendants and her brothers. Her father then went to where the defendant was, and a'scuffle ensued. Saw defendant strike her father with the sharp end of the shovel, but upon making a second blow witness caught the spade, whereupon defendant struck her father twice with his fists.

By.Mr Dodd—The defendant told her father not to take away the soil, as it was his laad.

W. Hayerfield, a little lad, deposedHe was with Tommy Hill about ten days ago,getting soil, when Mr Mdars came to them and told them to clear away, and kicked the bucket down the hill, throwing the shovel after it. Saw Mr Moars strike Mr Hill with the shovel, and afterwards " punch "• him with his hrnds. Mr Dodd, for the defence, remarked that the cace was a most flimsy one, and the facts were not as stated by the witnesses already examined. Richard Moara deposed that he paid rates for the allotment from which the soil was being removed by Hill. He never gave Hill permission to remove the mould from it, and as he had paid some years ago $T or £8 for it, he looked upon it as his property. The bucket was not thrown down the hill by him, but rolled down. The, children of the complainant had thrown stones at him, and called him names. He bxi not a title to the land, as he understood the Court could not give him one. r>. <\"'

The Court held the assault proved, but inflicted but a slight penalty of 10s and costs £1 Bs.

Court adjourned,