THE COURTS. RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume V, Issue 225, 23 May 1872, Page 7

THE COURTS. RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before Vincent Pyke, Esq., R.M.) Thursday, 16th May. Mears v. Michael. — Claim £15, being value of ladder taken by defendaut without plaintiff's consent or knowledge, and damages for detention of same. Judgment for plaintiff for £5, with 26s costs of Court. Mr. Copland appeared for plaintiff, and Mr. Mouat for defendant. Herbert & Co. v. M'Kenzie (Clutha).— Claim £13 18s Bd. Amount paid into Court. Dale v. Leary.— Claim for £12. Withdrawn.

(Before Alex. Stewart, Esq., and J. F. Herbert, Esq., J.JtVs.) Monday, 20th May.

J. Johnston and H. Simpson were charged, on information, with using language calculated to provoke a breach of the peace toward J. Gardner, at' Gardner's hotel, on the 11th May. Mr. Copland for complainant, and Mr. Mouat for defendants.

In this case it' appeared, from the evidence of Gardner, JVl'lvor, and Hughes, that Johnston and Simpson came to Gardner's hotel about 10 o'clock p.m., on llcbr January. They came in by the back door, accompanied by a man named Cope. When they got into the kitchen they sent Cope to the bar, who got 5 pints of beer. Mr. .Gardner followed the beer, and after they had partaken of some, he ordered them into the bar. At this time they were drnnk, but Gardner was not aware of it until the drinks were served. Simpson and Johnston went into the bar and Cope remained in the kitchen. Shortly after they came to the bar, they (Siu pson and Johnston) commenced fighting, without any apparent cause. Gardner immediately opened the door aud got them outside. Shortly afterwards they returned aud asked for admission, and began to kick the door, using violent and threatening language. They broke a window, and endeavoured by every means to gain admission. Afterwards they laid themselves down in the back yard and went to sleep. They had at least Simpson, who seems to have been the most violent, threatened to do for Gardner, and tore his garments some 5 weeks ago. Gardner considered that he was in danger. For the defence there were no witnesses called..

Mr, - Mouat having made an address, the Bench discharged Johnston, and lined Simpson 21s, and costs of Court, or 7 days imprisonment with hard labour. Both defendants were cautioned, and informed that they had rendered themselves liable under the Vagrant Act to a penalty of £10 or imprisonment ; but as it was the first time they had appeared before the Court, they would be dealt with leniently. Their names would appear on the records of the Court, and should they again appear on -a similar charge, they would be dealt with iv a different manner.

J. Gardner and J. Hughes were charged on information with having, on Sunday 12th March, 1872, assaulted Henry Simpson, at Manuka Greek.

Mr. Mouat appeared for complainant, and Mr. Copland for defendants.

The evidence of Simpson went to show that on the day above named he was at the hotel kept by Gardner, and had some drink there. He saw there three men each armed with a stick Gardner, Hughes, and Maloney. Maloney ran at him, making strokes at him with his stick. The other two were abusing Johnston, Ilia mate. Gardner knocked witness down, and beat him until he was senseless. Gave Gardner no' provocation. Never kicked at the door, and never threatened to punch him. It was -dark when witness came to his senses. Witness was much bruised about the head, hands and body. Did not break the window. Was told the window was broken. When Gardner .was brandishing his stick, witness took hold of & piece of wood and threw it at his head, but missed him. He did this to assist his mate.

John Netheiway deposed that he saw the tow. He was distant about sixty yards. Saw Maloney with a stick about three feet long beating Simpson. Afterwards saw Gardner making v an attack on Simpson who threw a piece of wood at Gardner, but did not hit him. They then, grappled, and both -came to the ground Gardner undermost, but Hughes and Maloney came and enabled Gardner to get on ton of Simpson. When Simpson was down, Gardner had his knee on his shoulder, and was beating him on the. head.' Hughes' was' beating him on the bick>< &nd Maloney was kicking' bio*.

Maloney and Hughes left off beating, and went away, but Gardner kept on. They shortly returned, (and desired Gardner to desist. As a parting salute, he gave him seven blows on the head, turned round and gave him five kioks on the skull. In cross-examination, nothing of consequence was elicited. H. Winchester also saw the row. He corroborated the evidence of the last witness in every particular, except that he did not see the five kicks administered. When the blows were given by the stick he turned his head away.

Dr. Caro deposed that Simpson had come to him for medical treatment. His head was considerably bruised, also his hand and body. He was not dangerously wounded. Were he a private patient of his, he would advise him not to work for some days. Mr. Copland addressed the bench, and proceeded to call one of the defendants ne (Hughes) as a - witness, but was not allowed to give evidence.

The bench, after a short consultation, fined Hughes 20s. and costs, or seven days in gaol ; Gardner £5 with costs of court, expenses of one witness, and 21s. professional fee. The Bench characterised the assault as a brutal and cowardly one. Maloney, who was implicated would have been included in the information, but at the time his name was not known to the informant, and afterwards he could not be found.

Jtobertson v. Pine. — Claim for £11. Mr. Mouat appeared for plaintiff. After the summons had been issued credit was given for £5 to Pine, value of a horse sold by him to J. Robertson. Judgment was given for the balance, with costs of Court.

Wednesday, 22nd May. (Before Vincent Pyke, Esq., R.M.) There were six actions against Ah Mun, but they were settled out of court.