R.M COURT.

Wairarapa Daily Times, Volume XI, Issue 3712, 16 January 1891, Page 2

R.M COURT.

M A STERTON—FRIDAY.

Before Messrs Caselberg and W. H. Beetham, J.'s. P.) Fool Chimneys. Messrs George Langton and Patrick Hastie were charged with allowing their chimneys to become foul, and were fined five shillings each, A similar charge against Charles Pinkerton was withdrawn, as the defendant had only been a couple of days in the house. Assault Cases. Elizabeth M'Coll was charged by an elderly woman named Mary (Smith with assault. Mr Pownall appeared for the prosecution and Mr Beard for ohe defendant. Mary Smith, sworn, deposed that she resided in Masterton. On January 18th the defendant came to the door of her hous% in Dixon-street with her husband and her servant, Mr McColl asked her a question, and when she answered it Mrs M'Coll struck her twice on the head with an umbrella, knocking her down. She was now suffering from the blow. Two years ago she had been struck with paralysis. By Mr Beard; Mr McColl asked her if she had seen his wife in the bedroom with her brother, and she replied that she had. She had previously told the servant girl and asked her to tell Mr McColl, It was on this acoount Mrs McColl struck her. She still maintained that she had seen Mrs McColl in the room with her brother. She had been working for Mrs McColl when she first came to Masterton.

This was the case for the prosecution.

Mr Beard submitted that the case should be at once dismissed. The woman had got off much more lightly than her conduct deserved, A more dreadful charge than that made could not have been made by one woman against another, and the assault was more than justified. Uuder clause

183 of the Act the Bench was empowered to dismiss the case. Mr Pownall contended that although the language used by his client was somewhat offensive, it was not sufficient provocation for the assault. Mrs McColl had no right to strike an aged and paralysed woman.

The Bench dismissed the case, remarking that one woman had no right to make such charges against another.

Brown Hunt was charged with assaulting Henry Remington on December 22nd.

Mr Beard appeared for tne informant.

The defendant admitted theoffenee but pleaded great provocation. Henry Bemington, sworn, deposed that he was in the employ of Mr E. Chamberlain at Miki Miki. On December 22nd he was in the house of Mr T. Chamberlain, which is occupied by Mr Dunlop. "Whilst he was sitting at dinner Mr Brown Hunt came to the door and asked if lie was in. Seeing him at the table ho rushed hirn and endeavoured to gouge out his eye. After severely handling him, Dunlop came to his assistance. ■ Hunt then threatened to do for him. From what had transpired he was afraid of sustaining bodily injury. On the day of the assault he, as ranger for the Acclimatization Society, had seen the son of Hunt with a spear and a trout in his possession. Hunt had never received provocation from him. To the defendant: The boy with the fish was about seven years of age.

The defendant stated that the water belonged to him. His son had every right to take fish from the stream. He had no desire to gouge out the eye of the informant, all he wished to do was to teach him his duty. He had gone into the house of Dunlop and struck the informant, but had uever threatened his life. The Bench: You have taken a peculiar course for teaching a lesson.

Mr Beard maintained that the sons of-Mr Hunt had no right whatever to spear trout.

Alexander Dunlop called, deposed that he was present when the assault took place and had gone to the assistance of Remington when the defendant threatened to gouge out his eye. He had never heard Remington give any provocation.

The defendant staced that he had no animosity towards liemington. All he wished was for him to leave him and his family alone.

Mr Beard held that a serious assault had been committed, and asked that the defendant be bound over to keep the peace.

The Bench decided to bind the defendant over to keep the peace for six months in his own recognisance of £SO, and ordered him to pay the costs of the case.