RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 689, 9 December 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G..G. Fitzgerald, Esq., R.M.) Satubdat, December 7.

Drunk and Incapable. —John M'Leod was fined 10s, with the alternative of four-and-twenty hours' imprisonment Dkuxk and Disobdebly. — John. Dix was fined LI, or to be imprisoned for eight-and-forty hours in dctault of payment.

Assault — Alficd Solomon was charged with assaulting Jamos Simpson on the 6th inst. James Simpson, being sworn, stated that on tho 6th instant ho proceeded to the defendant's house, to arrest him on a warrant of commitment, handed to him by the bailiff of the Resident Magistrate's Court at Hokitika. The defendant was at bis breakfast, and at his request the witness took a seat and handed him the warrant. After having read it, he objected to accompanying the witness, alleging as his reason the informality of the warrant, inasmuch as the cliristiau name was omitted. The defendant rose from his scat, and with the assistance of another person attempted to turn the witness out of the hoiise. In the struggle defendant struck witness on the neck and on his shoulder, and the other person snatched the warrant from his hand. They -ultimately succeded in turning the witness out of the house. — By the Court — Witness had arrested the defendant. — Crossexamined by the defendant — Defendant had no coat or boots on when witness entered. He was at breakfast. He refused to accompany witness, on account of the informality of the warrant, and ordered him out of the house. Witness did not handle him roughly.— By the Court — Defendant is the person mentioned in the warrant of commitment. Witness served him with the sximmons.—Defendant stated that when the complainant entered the house he was only partially dressed. Had he not used unnecessary force he would not have refused to accompany him. — His Worship remarked that it was no doubtb t disagreeable to be arrested, but from the defendant's own admissions he had refused to accompany the complainant, who was justified in using all means to compel him. He would treat the case as one of common assault, and fine tho prisoner L 2. with the option of four clays' imprisonment. The Court was then adjourned till eleven o'clock on Monday.