Saturday, April 10.

Tuapeka Times, Volume II, Issue 62, 17 April 1869, Page 3

Saturday, April 10.

. Bell v. Symes.— Stephen Bell charged, Jdhn Symes, hotelkeeper, Tapariui, with Having assaulted and robbed him on "Wednesday, the 7th\ March, at Tapanui. ■ r " n In this, case it seems that the'prosecutor was drinking in the hotel kept by the accused," and also borrowed some money of him, which he promised to pay, and* that during that day the prosecutor had cashed a cheque at an hotel in the same township, kept' by one Allary that the prosecutor had left the township without having paid Symes. The accused, hearing that the prosecutor had money to pay for what he had had, followed him, and found him in a neighbour's house, about half a mije from Tapanui. > He asked the prosecutor foi the amount Hue to him, £2 15s. The prosecutor said he would pay him whet 1 , he got back to Swanson's station. The accused, knowing he had the mone^y, took hold of him and threw him on the ground, and took from him the .sum of £-1. Some silver was also takeLi from his pocket, but not taken away. The evidence of the witness was throughout extremely foggy and unsatisfactory ; even when in Court it was evident ''he was suffering from a recovery, ■ The Bench remarked tha t they were not at all satisfied with the o videnee of the prosecutor, as it appeared that at the time he was not in that sta\'e when his whole faculties were- alive. They had even some delicacy m asking him to sign the evidence as given. Allan Aiken gave evidence to $*& fact of the accused having at his hours asking the prosecutor for the mone> ' he owed him, £3 355.; that he took hold of him and threw him on the ground ; that he took some silver out of one of his pockets and £i out of another pocket. He counted the money in presence of the witness, then took five shillings out of his own pocket and placed it among the silver, saying- that he did ..not want to take more than his own.

At this stage, the police withdrew the charge of robbery, as the evidence furnished was not satisfactory, but but would ptill follow up the charge of assault.

The accused was then charged with having assaulted Bell at Tapanui on "Wednesday, the 7fcK: Mr. Keen, who appeared for defendant, pled, guilty, and placed before .the Bench extenuating circumstances towards mitigation of judgment. -Fined £7, including costs.

The Bench remarked that : they were glad > the Grovernment had placed a constable in charge of that district. They were convinced that practices were being carried on in the outlying districts which required strict vigilance. They further remarked' that if the matter of the first charge were fairly proved against the accused, he would find himself in a very unenviable position. It would be ' terrible iudeed were we to take the, law in our own hands, ' and knocked down every one who happened to owe us money, and take it from their person. Police v. Symes. — Syines was further charged withhaving?a tent or tarpaulin in his possession that he had stolen some time ago from a resident in the district. The police withdrew this charge, as they could, procure no evidence to implicate the accused ; that they simply knew the tent was .stolen, and was found at his hotel.

Accused stated that some short time ago he had engaged a bricklayer to build him a chimney ; that he came to his hotel, and amongst his swag was the tent produced. He knew nothing about it.

■Monday, 12th Apeil.

Police v. Conroy. — A further adioumment of one week, under extraordinary circumstances, was applied for. His "Worship remarked that this was the fourth remand, and he would not be inclined to give the period asked for, but having become satisfied that'no blame was attached to any one, the request Vas granted. ■ • • . Harris y. North— Claim, £0 (I.OU). Mr. fK. C. Richards appeared for plaintiff. No appearance of defendant. Verdict ibr plaintiff, with costs. Webb v. Splouian.-— Claim, " £3 odd, balance of bill of exchange. Mr. H. C. Richards for plaintiff. Verdict for amount claimed.

Mr. H. C. Richards intimated to the Bench that Mr/ Harris, who recovered judgment against P. Young on Thursday week last, had learnt that the defendant had on the same day sold sis ounces 1 of gold ; and he (F. Toung) had stated that, immediately after the next washing up, he intended leaving the district ; whereupon the Bench ordered a distress warrant to be issued at once.