MAGISTRATE'S COURT.

Wairarapa Age, Volume XXVIX, Issue 8114, 7 April 1906, Page 5

MAGISTRATE'S COURT.

(Before Mr VV. P. James, 8.M.)» Breaches of the, gorcggh By-laws, —A local rfcSJdfltt was fined sa, with coats 7e, for allow*. I ** a obimney to take Are on April Ist. x Vincent Wardell was fined ss, add* coats amounting to 7s, for having | driven a vehicle at night without lights. Charles A. Po«nall pleaded guilty to a charge of having ridden, a bicycle at night without a light, and was fined ss, with 7s costs. Destitute Persons Act.—An information aoalnst a local resident under the .Destitute Persons Act, was withdrawn by consent, pending a satisfactory settlement being arrived at'between the two parties. An Attachment Order.—Thomas Murray, for whom Mr B. J. Dolan appeared, made application for an attachment order against the sum of £7 7s, owed by the Maßterton liaoing Club to JR. J. Marr, and being the balance of judgment debt mad© against E. J. Marr. The claim was made against the Racing Club, for the reason that it was holding money, won by Mrs Marr, wife of the debtor, as nominator of a horse winning the High-weight Hack Race, at the recent meeting. After considerable legal argument, , the application was withdrawn on condition that the balance of the judgment was paid, the present proceedings being withdrawn by consent. Mr C. A. Pownall appeared for the debtor. Judgment Reserved. -F. Benge claimed from E. H. Buokeridge the sum of £B7, alleged to be owing on an agreement tor milking on the share system, and sale of stock. The case was commenced in Carterton and further evidence was taken yes- , torday. Judgment was reserved. J Alleged Assault.—James Gill and I Mary (Jjll were charged with hav- ] ing assaultediMary Agnes Hourigan J on March 13th, and the latter asked to have defendants bound over to keep the peace. Mary Gill prayed that Mary Agnes Hourigan be bound over to keep the peace. Mr P. L. Boilings appeared for Mary Agnes Hourigan, and Mr B. J. Dolan for James and Mary Gill, who pleaded not guilty to the charge of assault. In opening the case Mr liolUnga mentioned that his olient bad been perpetually subjected to abuse and insulting behaviour from Mrs Gill. On the occasion in question (Thursday) Mrs Hourigan was near the boundary f«noe looking after atook when Mrs Gill repeated some of bor customary abusive terms, oalliug her "Mad Biddy." On the following day Mrs , Hourigan was in the same paddock sDreading poisoned g(ain, and she was again assailed by Mrs Gill, the letter's husband also being \ present. Mrs Hourigan then enquired why her husband and herself were always subjected to such annoyance, and for a reply Mr Gill rushed over the fence, oaught Mrs Hourigan by the throat, and maltreated her. He kneeled on her back, and with her face downward strucK it on the ground several times, besides striking her on the arm, causing bruises on several parts of the bedy. Even though there may have been provocation, Mr Gill was not justified in taking the law into his own hands, and assaulting Mrs Hourigan in the manner he had. The information against Mrs Gill was for having used abusive and insulting language, and his client prayed for her to be bound over to keep the peace. . Evidenoe was given by plaintiff, and Dr A. L. Anderson in support of the charge. Mr Dolan, in outlining the case for the defence, admitted that James Gill oaught hold of Mrs Hourigan, but under extreme provocation. He was sorry for it, but emphatically repudiated having assaulted Mrs Hourigan as she bad maintained. For the defence, evidenoe waß given by the defendant and Margaret Tinsley, a neighbour. The Magistrate remarked that so far as Gill was ooncerned, he

had committed assault, but bad done it under excessive provocation. He would impose a fine of ss, without costs, and would dismiss the information against Mrs Gill. He bound Mrs flourigan over to keep the peace for six months, in herself of £2O and one surety of £2O, remarking that the whole trouble was due to Mrs Hourigan's uncontrollable temper and tougue. JSaoh party was ordered to pay its own oosts.