Resident magistrate's court, ROXBURGH.

Tuapeka Times, Volume VII, Issue 346, 11 April 1874, Page 3

Resident magistrate's court, ROXBURGH.

Tuesday, April 7th." (Before W. L. Simpson, Esq., R.M.) Featherston v. Tubman. — No appearance. Case struck out. Tubvian v. Fealherston. — No appearance. Case struck out. M'lhvain and Kirk's application for renewal Of slaughtering license aVsis granted. Dunlay v. JSriggs.—Gaao reserved for judgment from the 10th March. His Worship in this case gave a non-suit, with costs, 21s. Elder v. Alexander. — This was an action against Mrs. Alexander for assault — that she did on >he 19th March heat and illuso Margaret Elder. Mr. Wilson appeared for defendant. John Elder, sworn, stated— On the 19th March I was going from my place to tho Teriot with a load of hay, Avhcn I met my daughter Margaret crying, aud saying that Mrs. Alexander had beaten her. I aaw no marks, bu£ her hair Avas disordered. Mrs. Alexander has threatened to beat her several times the last nine months. ■Margaret Elder, sworn, stated — I am nearly thirteen years of age, and am the daughter of the last witness. When I Avas coming one day last month, Mrs. Alexander came and hit me with her fist. She was sober at tho time, I believe. She has often threatened me. My sister Isabolla was with me. By Mr. Wilson — It was on a Thursday, end not very far from her house. I saAv Jane Richardsou there, but no other female. I know Charlotte Hammond, a niece of defendant's. Ido not know Avhero she lives at present. Defendant came out and called my sister a " red-headed scanip," and SAVore at us. Bhe shook me and made me giddy. I have not been in the habit of speaking to any one •at school about Mrs. Alexander. I met my father on my road home and told him. lam not aware why she has a " down " on me. Isabella Elder stated — I am the daugher of John Elder, and past eleven yoars of age. I remember going home from school one Thursday last month, when defendant came out »nd struck my sister on tho head. She did not touch me. I heard my sister cry. Mrs. ■Alexander chased us. I have not been talking of Mrs. Alexander or her affairs at school. I used to go to school witli Charlotte Hammond come months ago. I never heard my sister sister call her names. Defendant caught hold t>f my sister Avith her two amis. She had often threatened to hit us before. Jane Richardson was present. 'Mr. Wilson. — The children have been talking very abusively of Mrs. Alexander, and she has warned them against it. Tbjs action should never have been brought into Court. It has been brought simply through spite. As witness for the defence, I shall call Bridget Carroll. Bridget Carroll, sworn, stated — I anr servant at Mrs. Lucas. I went one Thursday, about three Aveeks ago, to fetch up some .goese from Mrs. Alexander's. I saw the 'children coming from school. Did not see Mrs. Anderson go near them. The 4|jildren were abusing her. I did not hear tho words, but thought they were abusing her. Ido not remember Avho spoke first. Did not see defendant touch them. Did not hoar them ■cry. I did not see any riders stop at defendant's. Saw no brandy drank Avhile I was there. His Worship said it was very evident an assault had taken place. No credence could be given to the statements made by tho last \ntness. He also told defendant if ever she came to Court again, and he observed her (as he did to-day) making signs to the Avituess, he would commit her for seven days for contempt of Court. Fined, 20s. aud costs ; \otal, £2 Gs. 6J. Heighten v. Grogan. — Claim of £7 14s. 6d. Mr. Henderson, who appeared for defendant, Btated that the summons was left at house of defendant, and as he Avae working on the road, and did not go home until last night, he did not communicate Avith me ■until this morning, when I applied for special ijeave to put in an order of discharge uudor $he Bankruptcy Act, 1867. Mr. Beighton pleaded that the nptice given \ras insufficient. His Worship, as both services were irregular, he would waive that point, and proceed Avith the case. S. Beighton, sworn, stated that there was a "balance of £6 os. Id, in July, 1869, which was acknowledged and promised several times by defendant to be paid. There was another account against Rowland and Grogan of £7 Os. 7d., of Avhich Rowland had paid £5, leaving the balance to be paid by Grogan. "I received no official notice of bankruptcy of defendant at all ; and am not aware that I rank : as creditor in defendant's estate. Defendant repeatedly pledged me his Avord to pay. Defendant paid me £3, receiving goods to the ■amount of £2 45., leaving the balance of 16s. to be taken from his debt. His Worship said he must receive the order as conclusive as discharge from all debts, •until plaintiff can shew tho District Court that he was not ranked as creditor. Defendant's premises would have no legal obligation to set order on one side ; but his having paid 168., showed there must be some debt adtaitted by defendant. He would reserve judgment until next Court day.