THIS DAY.

Thames Star, Volume XIV, Issue 4382, 19 January 1883, Page 2

THIS DAY.

(Before H. Kenrick, Esq., R.M.) ASSAULT.

Felix Skeltbn, a boy of about 15 years of age, was charged with assaulting another boy named Richard Connelly. Skelton admitted having struck another member of the Connelly family, but denied having assaulted the one mentioned.

The Court, having heard the evidence, fined the defendant Is and 7s costs. OBSTRUCTING- A WATEBCOUBSE. Four Chinamen named respectively Wang Fa, Ah Hay, Ah Man, and Ah Ching were proceeded against by Thomas Spencer for £10 damages sustained by him owing to the action of the defendants in erecting a dam in the Waikiki Creek, and thus preventing the stream flowing over the plaintiff's land.

Mr Miller appeared for the plaintiff.

Ah Hee was sworn a3 interpreter.

The plaintiff deposed he was the owner of certain land at Parawai. The Waikiki Creek ran through it. The defendants occupied land above him through.which the creek also ran. (A plan was produced showing the relative positions of the two properties.) The stream is dammed on the lands occupied by defendants. In 1881 he and his sons pulled the dam down, and a Chinaman had sued his son for assault in conspqaence. The dam was immediafely rebuilt. No water has flowed down the creek since November. Had a tenant who occupied the paddock. He gave it up owing to the stream being stopped. He subsequently took it at a reduced rent. Plaintiff lost £5 by the re duction. Previous to the Chinamen going there, there had always been plenty of water. Had sustained more damage than the amount claimed by the stoppage of the water. •■■- ■

Thos. Dufty, sworn, said his wife, when it was first put up, pulled the dam down, and the Chinamen knocked her down with a shovel. He occupied the paddock before Spencer went there. Always had plenty of water before the stream was dammed. The damming diverted it. He had given up the paddock on account of want of the water. Took it again at a reduced rate. '

Ah Hoy, sworn by blowing out a match, stated the wafer is now running down the creek. He only used it in his kitchen, and in watering vegetables. Could produce a witness who saw the water running down the creek this morning.

The E. M. said he would like to see the ground and ascertain if the creek was dammed. He would adjourn the case and visit the place.

C. Curtis had visited the ground this mornf^. and saw a small loosely put together dam erected. Fully two thirds of the water was running down the creek. , • ;

The Court told the defendants that they had no riuht to dam the creek. t : Mr Spencerjiad suffered loss through their stopping of the water, and they must p»y it. They could use the water, but they must not stop it. The R.M. said he would go oat at 4 o'clock to seethe place, and told the defendants to be on 'theground. His decision was adjourned till to-morrow. .