RAGLAN S.M. COURT.

Waikato Argus, Volume IV, Issue 297, 4 June 1898, Page 2

RAGLAN S.M. COURT.

Monday.—(Before Messrs 'J 1 . Mitchell, W. M. Bankart and J. N. Pegler, Justices. CIVIL CAKE. Briety v. Young.—Claim for wages, £6 5s. —Judgment for plaintiff for £5 '2s, with costs, 10s. ASSAULT CASK. William Armstrong v. Campbell Johnstone. —The prosecutor charged the defendant with striking him with his clenched fist and kicking him afterwards on the afternoon of May 2lst. William Armstrong, in his evidence, stated that the accused and he had been drinking together, when Johnstone asked him to shout, and on his refusing to do so he found himself under Johnstone's arm and him battering his face. On getting away accused kicked him. He had not struck or aggravated him. He went for the constable. John Brown Somerset deposed that he had gone into the hotel when the scufile took place, and whilst there with Armstrong the accused came up, and a scuffle took place between Armstrong and the accused. He then left, lie did not see Johustoue strike Armstrong. He saw Armstrong spring at Johnstone's throat. Both of them had had enough to drink, and were inclined to be quarrelsome. William J. Smith, hotelkeeper, said he saw no blow struck, only a scuffle ; was away at the time serving another customer; did not think in cerferencc necessary. Constable Tapp deposed that Armstrong came to him on the afternoon of May 21st, complaining that he had bitn struck and kicked by the accused. Armstrong had a few small cuts and scratches on his face. He was slightly under the influence of liquor. Campbell Johnstone deposed that he had been drinking with Armstrong, when after a while he started to abuse him. He said something to Armstrong, and he ran at him. They caught hold of one another, he then threw complainant down in the passage. He got up and ran out of the door. Had Armstrong been sober it would uot have happened. Defendant was not very sober. Could not say he caused the marks on accused's face ; did not -strike him with his clenched fist, or kick him, but left immediately. Mr. Smith was not present when Armstrong commenced nagging him over an old quarrel. Case dismissed.