HAMILTON R.M. COURT.

Waikato Times, Volume X, Issue 725, 8 February 1877, Page 2

HAMILTON R.M. COURT.

♦ . .. ■ ■; Before W N Searancte, Esq, EM, Tuesday, Feb. 6. D Anderson v W Ooleman. — There were two charges : one of assault, alleged to have taken place at Kirikiriroa on the 31st ult., and the other of using abusive language at the same time and place. It was agreed that the evidence should be given m full, to apply to both cases. Mr Hay for informant, and Messrs i

Whitaker and O'Neill for defendant. Duncan Anderson, a.carpentar residing at Hamilt jn East, deposed to seeing defendant on his own farm. He weut to fetch his tools, which he had left ther when lately working . at the place. Dafendaht asked him when he was going to pay that £. . He said he knew nothing about any £^ Defendant then abused him, and followed him on to the road, ahiking his fist m his face, challenging him to tight, and calliug him a d d car and liar, and othjr language unfit for publication. Defendant followed me to opposite Mrs D^via' house, challenging me to fight, and assaulting me. Cross-examined — I give no provocation to cauae him to w iah to fight. I did not call defeudaut any names, or shake my fist at him. Grace Davis, wife of a settler m Kiritiriroa, deposed to hearing the abusive language complained of, and to seeing defendant shake his fist m Anderson's face. W Ooleajan, stated— l used a threatening gesture towards ooinplainant, because he said I was a rogue and a bad character, and that, if he liked, he could give me a d— d good hiding. I did not strike him •m any way. P Ojleman, father of defendant, deposed to the provocation given by complaiaanr, as sworn to by defendant. The charge of assault was dismissed, and defendant was fined 2Js and costß, £2 4s, on the eh irge of usiug abusive and threatening language. ASSAULT. Ellen Hunter was charged by Kate Stewart with assaulting and beating her, by striking her with a spade. Mr Hay for informant-. Li lie Huafcer sworn, said-^I am 12 years of age. lam a daughter of defendaat. On Thu sday even ng last, I saw Kate Stewart m the front, of our gate. She had a dog witth her, , which she was set ing after the oows v -Mother went out. She had a spade m -fier hand, which she threw at the dog. She asked Kate Stewart . what she did that for. Kate Stewart replied she would set the dog at her. Iw<ts at the gate. all the time. I. did not see my mother threaten Kate Ste vart with tae spade. My mother has not spoken to me at all about fchis case. She told me she would leave it all to me. L did not hear any loud or bad language between the parties. My mother threw away the s^ade before she spoke to complainant. Kale Stewart deposed— l live with my fatber, at Hamilton. We live near the Eunte'rs, and are not tin good terms with them. When we pass their house, she calls fitter u>, and calls us bad names. On th.> firstiust.,^l was -going pfcs^-.ker hou-:0, fjr milk, and had a dog with me. It barked at the cattle. -I did not. set it on. I was calling the dog off. . When defendant came out, and said, why did you set the b-^--— y dog on the cow. She uad a spade m her hand, which she brandished m my face two or three times. When she threatened me with the spade, I said you had better do it. She then struck me on the left temple with the spade. I put up my hand to protect myself, and eaughb it by the handle, otherwise I should have bein worse hurt. The blow caused a swelling as big as an egg. Mrs Hunter exiled me a great bold b— r — . I W ent home and told my mother. My father saw the v blow and then went to Mrs Hunters, I fol lowed him shortly after. My father threatened to summons her. She laughel and saij, go and do it old man. She said to me, O youre not killed yet, lam quite sure that unless re trained Mrs Hunter will do me some bodily harm. When 1 w.iss ruck Mr Murlessand Mr James Hume were present, they, mu-t have seen her brandishing the spade, and heard er words. The first witness, Ellen Hunter, examined was not anywhere near.. She was not at Hunter's gate. Her evidence is nDt correct, Mrs Hunter did not let the spade out of her.hand at all. On Sunday morning. Mrs HuuL-r met me on the road and laughed m my face. On Tuursday last Mrs Hunter threateaed to kill both in..* and my d >g. James Hume, Banker of Hamilton said, on Thursday last I saw informant and defendant. I was riding along the road, I saw a dog aftei* some cows, I then saw two women apparently at loggerheads, one b andishing a spade over the head of the other and using strong language. I did not distinctly hear all the words or see any biow struck. Mrs Hunter had the apade within an inch of informant's head, though I did not see her strike. Mrs it was who was using the ba.l language complained of. Mr Murless was a short distance away. I did not see a little girl anywhere about. To defendant— You called the girl the words ascribed to you m her evidence. Edwin Stewart deposed, I am a c xrpenter livi ig near Mrs Hun'.er. In consequence of hearing that Mrs Hunter had struck my daughter with a spade, I went to Mrs Hunter. I asked her why she struck my daughter, she said Kate had no busiueas to set the dog on her cows. I t"ld her ibe dog weni of its own accord and that she was a cowardly old ruffian to strike my daughter, aud that I should take tlie matter to court. Defendant said my daughter was a Btinking liar. Mrs Hunter's cow has been a great. annoyance to me, destroying my fences and trees. 1 saw a great swelling over my daughter's left temple, the effect of the blow. De-. fendant abused my children only the night before when passing, her hous?. Wm Merless deposed ti seeing the altercation between complainant and de fendant. I was not near enough to hear the language used. I saw a spade or shovel m her left hand. I did not see her littje pirl, Ellen, there, 1 did not see r defendant brandish the thing m her hand. Mr Hay applied to have the defendant bound over to keep the peace, and said that but for" the spade not falling on its edge on complainants temple, defendant would have been there on a heavier charge. He alluded to Ellen Hunter's evidence, which no one would give credence to. The Court said that it was impossible that any one who heard the evidence of all the other witnesses could come to any other (conclusion than that the girl Ellen Hunter had given false evidence. The evidence was so clear that tiere conld be no doubt m the mind, of the CourL- He regretted that a. worn.™ of Mrs Uunter.'s age and respectabi ity should have allowed her passion to so get the better of her. But for. the direction of the blow being changed, the offence would have been a far more serious one. Defendant was fined 40s and costs £4 Is, and ordered to find two sureties of £10 each and enter into her own recognisances of £20 to keep the peace. BEE FANCIERS. •Tames Calderwood and Thomas Calderwood were charged on the information of Constable Haddook that they did on or about the 27th ult, at Hamilton West, feloniously steal a hive of bees value lOs the property of Mr PToole. The charge, was allowed to be withdrawn on account of the youth of the boys, prosecutor merely wishing to make the case a warning to them m future. ; ' ;. i Oivjii side. Anderson y Coleman — Claim, 15s, the value of a spirit level. Plaintiff was nonsuited with costs £1 4s 6d.