RESIDENT MAGISTRATE COURT.

Westport Times, Volume VI, Issue 1033, 27 December 1872, Page 2

RESIDENT MAGISTRATE COURT.

Tuesday, December 24

(Before Joseph Giles. E<q , E.M.) Tait v. Kiernan —Clain for £l3 4s, as compensation for loss of time and oxpenso of medical attendance incurred by reason of an assault committed by defendant.

Mr Fisher for plaintiff, Mr Shapter for defendant.

The alhged assault oceurrjd in connection with the circumstances of the case Plaunigan v. Kiernan, heard at the last sitting of the Court. The complainant stated that defendant had assaulted him without provocation by striking him a violeut blow on the eye, whereby he had suffered severely and bad been unable to follow his usual avocation;

By Mr Shapter: Had told defendant that a summons hnd been taken out. Got lis from him to pay for medicines only, and not as summons fee, upon the undertak : n<r that the case would not bo brought on. Defendant had expressed sorrow for action. Complainant had done nothing for two months previous to the assault, nor subsequent thereto. Dr S. Thorpe gave evidence as to the nature of the injury inflicted.

Ellen Flannigan deposed that defendant bad attacked Tait in her house without provocation. Afterwards he hid admitted to her that ho was sorry, but that it was his temper that prompted him, and he could not control himßelf. The defendant admitted that he had struck complainant, but alleged that ho had first struck him, the defendant, in the f.ice. There had been no ill feeling between them either before or since, and that Tait had promised, on being paid 10s, the amount of sum nions fees, to withdraw the action. The inflammation of t! e e/e, under which eomplainaut still suil'ereJ, he, the defendant, alleged arose from excessive drinking. By Mr Fisher : Went to Flannigan to fetch. Mrs Gothings home. We all had some beer together after the row was over, as a sort of jollification. Tom Tait joined in, and I saw him home. Theresa G-etbing swore that Kiernan struck her first, giving her a gentle reminder on the face, that she ought not to be there. Tait thereupon jumped up and struck Kiernan, who gave him a blow on tho eye.

Tho witness corroborated Kiermn'a statotnont as to conversation with Tait about withdrawing tho summons.

Mr Shapter pleaded that the assault and damage hud not been proved. That Tait had no right to interfere between Kiernan and Gething ; that he had prevaricated in his evidence, and that npart. therefrom the subsequent amicable settlement between tho parlies should debar plaintiff from now obtaining damages. Tho claim was also exccHsive.

Mr Fisher agreed that the evidence had not proved his client was more given to lying thin his neighbors, that his evidence had been fully corroborated by the witness Flannigan, and that the alleged settlement was a mere sham.

The Court ruled that an unjustifiable assault had been committed, and that no proof of after settlement had been shown.

Judgment was given for £lO, less lis, paid on account, and costs £5 2s Gd.

Harrison v. Dennis Ilealey.—Claim for £3 2s 7d, goods sold. Judgment by default.

W. Mailer v. John Sheldon.— Summons enlarged to allow time for service.

Same v. James Gardner.—Claim for £1 13s 6d, good sold and work performed. Judgment by default. W. Lavette v. John Hall.—Claim for £l6 os 4d. Debt admitted. Judgment for full amount, and costs 19s, Flannigau v. Kiernan.—Judgment summons. No appearance of defendant. "Warrant issued to compel attendance.

Aaron C'arne v.Temparley—Claim for £lB, costs of horse, saddle, and bridle. Messrs Fisher and Shaptcr for plaintiff, Mr Pitt for defendant.

Reuben Came, brother and agent of plaiutiff, gave evidence as to tho agreement fur hire of the horse with option of purchase, as reported in the case R. Carne v. Temperley, whereiu a nonsuit had been recorded, on the ground that plaintiff as agent cou'd not sue ;'his pi-incipal being disclose 1. Showing that Temperley had agree I

that if tho horae was not returned by a certain day tho absolute sale was to be considered as effected. The witness was examined at considerable length by Mr Pitt as to tho precise nature of tho bargain concluded, and subsequent conversations. Aaron Carne gave similar evidence to that rendered at previous hearing of tho case. Ho further stated that at Ohika when defendant had expressed his wish to keep the horse ho had stated that ho might not be able to pay the price at once, and that he, plaintiff, had told him he might.take a few weeks credit. Upon that understanding Tomperloy had said he would keep the horse. T. Nelson King gave evidence as to the horse having been left in his charge by Temperley, and subsequent conversations in his presence between defendant and Eeuben Came. Tem-per-ley proffcrred £lO to settle the matter, and then increased the offer to £l2 for the horso. Came would tako nothing less than the £lB which Temperley said he would not give. By Mr Pitt: Carne wanted £8 for the hhe of tho horse alone, Temperley offered £l2 and to take the chance of the horse living. By Mr Fisber: The £8 was offered as hire, Carne to keep the horse. Temperley made the offer conditionally oa koepinsr the horse himself. James Moore deposed that he had travelled on the road while conveying the mails during tho '24 th Juno and 22nd July, at which time the horse was in defendant's possession and might have been returned, and that during that time he had seen the defendant using the horse. The defendant stated that he had merely hired the horse from Eeuben Carne, that he had no intention to buy it, that Carne had first suggested he should purchase it, but that ho had refused first because tho keep of a horse at- Eeofton was too expensive, and secondly because he considered the price asked exceeded the value of the animal. Also that he had never agreed to return the horse by any fixed day, and that after arriving at lleefton the weather had been too bad to allow of the horse travelling down again in safety for some time. Cross-examined by Mr Fisher: After arriving at Eeefton had ridden the horse on one occasion to Black's Point and at another time to the Landing and back. The day ho went to the Landing the weather would not have prevented tl>e hor3e being sent on to Westport. Counsel for both parties addressed the Court at considerable length. After a short adjournment the Court gave judgment for full amount claimed and costs.

Campkin v. Wilson.—Mr Fisher for defendant. Claim for damages alleged to have been committed by cows, the- property of defendant. Plaintiff h,id been nonsuited on a previous hearing by reason of insufficient proof of having, in accordance with the Cattle Trespass Ordinance, duly advertised his inteution to claim damages for trespass on his land. Proof was now produced of the Act having been complied with. For the defence evidence was produced to show that the claim for damages was excessive, and also, in mitigation, that the fences erected by plaintiff were unsubstantial, and that a portion of tho land was altogether unfenced.

Judgment was given for sis shillings and costs.

Permission was granted Mr T. Sheahan to keep his promises open for balls on the nights of the 26th and 27fch instant, and to Mrs R. Smith, for a similar parposo on the 27th.

Permission to sell liquors on the Eace Course on tho 26th and 27th was also granted to Messrs Heron, Gibson, and Macfarlane.