RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 159, 23 February 1871, Page 5

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before W. L. Simpson, Esq., R M., and Horace Bastings, Esq., J.P )

Monday, February 13.

Harris v. Nixon — Claim, Ll9 9s. No appearance of defendant. Judgment for amount claimed, and costs.

ASSAULT CASE.

Donovan v. Pyne. Mr. M'Coy appeared for defendant, who pleaded not guilty.

John Donovan, sworn, said — On the night of the 30th of Jan., I closed my house at 12 o'clock. Soon after, Mr. Lancaster came to my side door and knocked ; I enquired who was there ; he mentioned his name, and came inside, followed by the defendant Pyne. Lancaster was excited, and did not appear sober. He complained to me about being robbed or swindled out of aLS note. 1 asked Lancaster if he would oblige me by going to bed. He shouted, and threw a LI note on the counter to pay. I threw the note on the shelf. I told Pyne to leave my house. Pyne declined. He said Lancaster promised him L 2 if he would call him at 2 a.m. I declined to give Lancaster change out of the LI note, and tried to persuade him to go to bed. I considered he was not able to take care of himself, and thought the money was safer in my hands. 1 pressed upon Pyne to go away, and t put the candle out. They left then together. Lancaster returned almost immediately with Pyne. Lancaster said — Donovan, you have not given me my change. I said — Dick, come inside, and let Pyne go home. I told Pyne again io leave. Pyne left. I shut the door. Pyne tried to force the door. I put my shoulder to the door to prevent him pressing it in. Eventually, Pyne forced the door from the hinges. He had a hammer-headed whip in his hand, and struck me about twenty times. T can shew the marks, if necessary. The door fell partly on me, The bar-man, my wife, and the lodgers, hearing the noise, got up. I then went for the police, but came back without them. I went a second time, and returned with Mr. Titchener. Hefore we came back, defendant had gone.

Cross-examined by Mr. M'Coy — Lancaster and Pyne came to my house about five minutes past 12. They came to the side door. Lancaster complained about being robbed. At that time the row lasted about half-an-hour. My barman, and all in the house, except myself, went to bed about 11 o'clock, or shortly after. It was through kindness I asked Lancaster in Ido not treat everybody alike, Pyne is not fit company for Lancaster. It was ginger beer or lemonade I gave Mr. Lancaster. Mr. Lancaster was so much the worse for liquor, T did not give him brandy. lam certain there were not any persons drunk at the time in my bar. Lancaster shouted three times, four each time. I allowed him to shout because he wanted to go home at 2 o'clock. He would not lie down. I had reason to think the change was better in my hands than Lancaster's. I would not let Pyne stop, because I did not think he was proper company for Mr. Lancaster. The marks are nearly obliterated now. I did not fall off my horse on Friday last. I did not fall down at Chalmer's or anywhere else. Ido not wish to utter the names I was called by Pyne. Mr. Lancaster went away without his change. I did not give him the change because a publican is bound to look after a customer's money when he sees him at a late hour in company with persons not to be trusted. This was after he called me a robber. I threw the note on the shelf. I did not say to Pyne when he returned, you are a pretty b -r to send a man back for his change. I told Lancaster I thought it would be advisable for him not to take his change. I did not blackguard Pyne, or kick him, or knock him down. Cross-examined by Mr. Simpson— l said Lancaster was excited, but sober enough to be trusted with his change. I had a reason for not giving it him. My reason was, Pyne said Lancaster was to give him L 2 for calling him at 2 o'clock. Mr. Lancaster had silver enough to pay me, and afterwards did so. During the disturbance he gave me 65., but still I retained the LI. This was after Pyne went outside. I still thought the LI was safer in my hands than Lancaster's, although at this time Pyne aud Lancaster were separated. Pyne went outside quietly when I requested him. He returned almost immediately- six or seven seconds at thejmost. It was about threequarters of an hour from tho time they came in when Pyne went out a second time. Lancaster had ginjer beer or lemonade.

Harry Hill, sworn, said — I recollect the night your door was burst open. I went to bed between 11 and 12 o'clock. I took the change from the bar. I always do so. I heard a great noise. I saw the side door of the bar burst in. I saw Mr. Pyne;

Mr. Lancaster, Mr. Matthew Hay and Mr. Donovan Mr. Lancaster told me Donovan had a LI note of his, and he wanted the change. Donovan said he was going to the police camp, and I believe went out with that intention. Donovan returned that time without a policeman, Donovan went a second time, and returned with Mr. Titchener, but Pyne and Lancaster had left before they came. Donovan called my attention to the "note after he returned from the police camp. I retained possession of the note till Friday last. The note was tied up and not opened when I gave it to Mr. Lancaster on Friday.

Mr. M'Coy, for the defence, said — Mr. Lancaster, on the night of the 30th, stopped in town until 2or 3 o'clock. He believed Mr. Lancaster was a gentleman well able to take a glaas and take care of himself at the same time, but having business of importance to transact at some distance from Lawrence, Mr. Lancaster requested Pyne to see him off by that time, and promised him LI to do so, therefore Pyne was justified in following him about. They went to Donovan's together and Mr. Lancaster shouted. After some time they came away together, and Pyne reminded Mr. Lancaster he had not received his change. Mr. Lancaster went back and demanded it, and called Pyne, who pointed out where tho note was Pyne was far more justified in suspecting Donovan than Donovan was in suspecting Pyne. Pyne said the note was behind the bottles. Donovan abused and rushed at Pyne, who acted with the greatest integrity and only carried out his duty.

Mr. Lancaster, sworn, said — T remember the 30th and 31st January. I went to Donovan's with Pyne about 1 a.m. I had a glass, I recollect all that occurred. I promised Pyne LI if he would see me off at 3 o'clock. I had important business. I wanted to get away. I shouted at Donovan's. I drank pale brandy ; we had three shouts and it was all spirits T drank every shout. I put down LI to pay. Donovan took it and threw it behind the bottles. I forgot about the change: Pyne jogged my memory. I went back for it. I told Donovan I thought it was aLS note. I had change enough to pay. I asked Donovan for the note back again. Pyne came back. Donovan said he could not tell whether he had given the note to the Missis. Pyne said the note was behind the bottles. Donovan then put the note in his pocket. I paid Donovan 6s. to get the note back. Donovan commenced abusing Pyne for bringing me back ; he said to Pyne—" What the b y h—lh — 1 is it to do with you ; mind your own business." He made use of other language I do not wish to mention. Donovan put. the light out and collared Pyne, shoved him out and kicked him. Pyne had not struck Donovan at this time. Pyne jumped up and pushed the door. Pyne did not strike him at all. Donovan did not put on the bolt ; he had not time to do so. I should thiuk the LI safer with Pyne than with Donovan. I did not think the LI safe with Donovan. I had a suspicion the note was aLS Pyne would not have done his duty at that time if he had left me. I had a L 5 note in the earlier part of the evening, but I found I had changed it. I wished the matter cleared up to prevent disputes afterwards. The door was ajar when we first went to Donovan's.

Cross-examined by Donovan. — I had a whip with me. Pyne had the whip in his hand. The door could be easily burst from its hinges if you were forcibly pushing it on the opposite side near the lock. 1 swear when 1 first came in I did not say I was robbed of a L 5 note.

By the Bench — Pyne came forward from the door. lam quite certain about the language used by Donovan exactly as I previously stated. Mr. Simpson said — The Bench had considered this case very carefully, and desired to state that there had been false swearing on one side or the other grossly antagonistic. The plaintiff said Mr . Lancaster was not drunk. It was very strange Mr. Donovan coiild not state what liquor he served Mr Lancaster with. It was little matters like this that were very often a guide for getting at the truth. Donovan had not made out that he was assaulted at all. It appeared rather that he tried to keep Lancaster to serve his own purposes, and I must warn him and all publicans from any such conduct as this. The attempt to injure the character of the defendant because he happens to be in rather a subordinate situation to Mr Donovan, has entirely failed, who only did, and not exceeded, his duty. Case dismissed, plaintiff to pay all costs.

Monday, Feb. 20. (Before W. L. Simpson, Esq., RM.)

Harris v. Lewis and F. Mears. — Claim, £45, for goods sold. Judgment for plaintiff with costs. Colquhounv. Lewis. — Claim, £10, for damages sustained in consequence of tlie defendant not delivering to plaintiff certain machinery. Verdict for defendant. Harris v. H. Stewart. — Settled out of Court.

Higgins v. Draper. -Claim, £15, for goods. Verdict for amount with costs.