RESIDENT MAGISTRATE'S COURT.

Wairarapa Daily Times, Volume 3, Issue 956, 22 December 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

CARTERTON, WEDNESDAY.

[Before H. S. WARim,.EsQ,,Rif.]

Neila Soronsen v John Wonrot,—Assault, This was a neighbors' quarrel, and resulted in the defendant being fined' 5s and oosts, Georye Ronles v P/ihert Davis.—Judgment. summons £22 15s. Defendant ordered to pay amount and costs within 14 days or tn lie imprisoned for 28 days.

Permanent Investment and Loan Association v Robert Davis,—Judgment summons £3 2n. Defendant ordered to pay amount within 14 days or. to bo imprisoned for 14 days.

George Matthews v R, H. Elliotte,— Wages £8 2s. Judgment for £3l6s and costs. A, R. Bunny v A Armstrong.—Debt £4 19s 4d, Judgment for amount and costs, H.J Gawlervß.H.Webb.—DebtJ;lo 4s. Judgment for defendant with costs. MASTERTON.—THURSDAY. [Before H. S. Wardoll, R.M, and A, Biah, J.P.] Henry Sttgram was charged with being drunk and incapable on Sunday morning last, First, offence; fined 6s, J, W. Clnyson was charged by William Smith with stealing oranges at the Opaki on the 9th inst., using abusive language and assaulting the plaintiffs housekeeper, Mr Skipper appeared for the prosecutor and Mr Board for defendpt, who pleaded not guilty,

Mr Skipper said th° offence arose out of a matter of jealousy, The Court—What, larceny a matter of jcalonsv 1 Mr Skipper proceeded to explain that ilio prosecutor introduced a game at bowls at the races, in which oranaes and cocoanuts were givpn Jo successful bowlers. Tho oranges were taken away pd .not returned till the information had been laid. Mr Clayson used foul language to the complainant's housekeeper, and knocked her down, The Court: Isthbiiame of the housekeeper Smith ?

Mr Skipper; No j her name is Bren' nam.

; William Smith deposed .that he was a fishmonger, residing in Masiorton. He was playing at bowls at the Oimki Races. He sold three bails for a shilling, and all the oranges and ceoanuts knocked off the sticks were Ihe property of the bowlers, Mr Clayson came'up and took his oranges away; there were five or six dozen of them. He did not sell the oranges ;'he

only gave them away, He did not apply to Mr Clayann for the oranges, but Elizabeth did. Ciayson had the riijht of disposing of fruit lit the .races. On the pre; vious day he bought oranges.from Olayaon to put on his sticks, and paid him 32s for them. (In answer to Mr Beard) The oranges were returned to him two days after the races..

The Court: You need not go any further, Mr Beard, I shall dismiss this informillion without the slightest hesitation, as I cannot entertain the idea that there was any felonious intent. Mr Beard asked for costs.

Mr Skipper wished the application to stjiiid uier till the other chartjeß were heard.

Elizabeth Brennam said that sho wan housekeeper, to Mr Smith. • She recollected the race meeting at Opaki, She then went to Mr Olayaon for the oranges she saw him take, and asked him to give then: up, Ciuyson replied, " You b- — swine, if yoh don't go away, I'll knock you down," and struck her in the breast with his fiat, knocking her against the' booth. Sho gave hira no provocation. He did not seem excited; he said the oranges belonged to liim, There were a good many people about; In answer to Mr Board: Smith was selling the eocoanuts and giving away the oranges, Did not know that Mr lorns, the secretary, had written a note to Mr Smith, telling him . that Mr Clayson had the privileges. There was a note in tho case, hut she did not know the contents of it. Clayson hit her hard. There was no bruize. She never reached for tho oranges.

Amelia Beales deposed that she saw Mr Clayson hit Mis Smith aud call her a b—r swine. The blow was struck on the shoulder. He pushed her back before he staple her.

Iu answer to Mr Beard; Mrs Siritl) snid ho jiiing Tybeja she was hit, She was hit on the right shoulder. She walked with Mr Smith to the stall to ii.sk for tho oranges, Ngnp of the mei) (standing round interfered in Mrs Smith's behalf when she was'knocked down and hit, In answer to the Court, She was standing an playson'a booth with her baby. She was a sister of Mrs Smith. Joseph Trenerrjy laborer, saw Mr Clayson put his hand up against Mrs Smith and tell her that she was not wanted. It was no blow,' She walked away. Ho did not see her fall against the side of the booth. Did not hear any bad language used • Mr Board said that in tho face of tho contradictory, evidence of Mi's Smith and her sister, and tlie positive evidence of Trenerry, there was no case to meet. lij answer to the Court, Mrs Smith said she wei}t' foi' the oranges without authority from Sn)itlj. fehe was Smith's housekeeper, and oonsidered that sljo had to " look after everything for his interest. "

His Worship said he had asked the question as he could not understand her position. Many assumed the position of honsekeeper while merely hviugin immorality, and thereby disgraced an honorablo title. Ho, however, did not say tho present was a case of the kind; he morqly gave expression to his thoughts on the matter. '

Mr Clayson'deposed that he impounded tho oranges because Smith was interfering with his purchased right on the Raco Course. Mrs Smith wanted to take them away, bqt lip ■prevented her. Nothing further occurred, He kW tl)e character of the people he had to deal with, and was very careful as to what he did or said.

To Mr Skippof: Sold oranges to Mr Smith oil)the first .day, and impounded oranges Smith brought there. Had Smith bought all the oranges from him, he would nfjt hnye impounded thorn. Mrs Smith seemed'annoyed v?|iei| qhp came for the oranges. He 'iyas not winoyed at all. Sent all the oranges down by Mr Keester, but Sipith wojiild not allow him to leave then'). Mr Smith wanted tq lfijow yh»t Mr. Clayson meant by calling him ' ! character," aiid intimated that his character was as good as Mr Clayson's, Ho always paid his way.

His Worship explained that that did not always constitute respectability. Mr G. Ward deposed • Ije saw Mrs Smith come to Mr Clayson's booth, Saw Mr Clayson put his hand to stop her taking the oranges. Hoard no bad langiingo used. To Mr. Skipper: Saw Clayson touch Mrs Smith, but did not see her go down. What'he witnessed was inside tho booth. Mr Glijysfin did not Reem very excited.

To' the Gourt—T/jif) took plnco just inside the booth,"." ; . The Court then retired to consider the decision, and on returning dismissed the case with costs.

His Worship stated tho Court could not give &ny other decision as Mrs Smith's action was entirely unjustified and was a pieco of impertinence in concerning herself about Smith's affairs on a racecourse, '''

Z, Paterson.' v R," : McKenzie-Assault and damages. Information was dismissed for the assault, but defendant was fined 20s for injuring,plaintiff's door, 10a value of injury—and oosts,