RESIDENT MAGTSTRAES COURT, CAMBRIDGE.

Waikato Times, Volume XII, Issue 960, 17 August 1878, Page 2

RESIDENT MAGTSTRAES COURT, CAMBRIDGE.

THURSDAY, AUGUST 15, 1878. (Beforo W. N. Searanoke, Esq., R.M, and Major John Wilson, J.P-) ASSAULT. Alfred Albert Fanthani and Reuben Purr, were charged vvitli assaulting George Slater (alias Wilson), with a cart whip, and striking him several times with the bare hand and a riding whip. Mr M.;\c;>Tegor Hay appeared for the complaincnt; and Mr O'JSfeil for the defendants. Mr O'Neill, on behalf of the defendants, pleaded not guilty. Mr Hay having opened the cane

for i lie complainant wifch a few re marks referring to the position of the d^^tt^9fi: w hoin he should ask tha^-afiiie mig-li'fe: be inflicted, and in accordance with a provisions of the Aoi under which the case was heard, he would ask that a portion 03 the fitje be paid to the informant as a recompense for the injuries received. ;: .':■ Witnesses were ordered out of Court. He first called the informant Geo. Slater, who deposed that his name was Geo. Slater, but he was known by his stepfathers' name, W dson. He was a jockey! On the 7th inst. he was riding home from the hunt, which hid been held at Tamahere. 4s they were all riding home, he cracked hia whip two or three times, and made the horse of a rider, prance ; he was riding on just in front, with some other gentlemen. Mr Buckland told him that was not the way id, behave oa the way home from the hunt. He 'old him he would as soon do it on his horse as to any one else. Mr Buckland then called hi "a a d— — pup. He retorted that he was not nun enough to get off his horse and call him that. Mr Fantham was riding .close by and said , "If you want- to fight,-fight me ! Get off your horse and .fight^me !" He said to Mr Fantham that he had nothing against him and wiquldnot fight him. He then wanted 'Jji in to apologise to Mr JBueljJand, but he said he would apologise to the gentleman whose horse he had frightened, but he had not done anything to Mr Buckland to need an apology to him. Mr i Fantham and Mr Parr then pulled him off his horse, and Mr Parr struck him with a hunting whip 1 across the face they then pulled his trousers down, anil Mr Fantham spanked him with' his open hand several times] Mr Reuben Parr then struck him on the same place with a riding whip, and when he cauld not stand the beating any longer he got up and apologised to Mr Buckland. : Cross-examined by Mr O v Neill : He did not use bid language to Mr Buckland. Did not say, who are you, you b— — ;- Bucklaud ; I'll drop the whip on you next,, you b Get off your horse and by I'll kike it out ot yon, you b ■-— Backland. John MoKearney, remembered seeing Wilson strike the horse with the whip, and then Mr Fantham and Mr Reubeu Parr pull him of his horae, and saw him whipped. John Archibal I and Herbert Brunton gave somewhat similar evidenc e. Alfred Albert Fantham having been sworn deposed, he was at the hunt on the 7th inst. On he way home he was riding beside Mr Buckland. who was acting Master of the i Founds. Saw Wilson whip some one's horse. Heard Mr Buck--1 aid tell him that was nofc the way to behave on the way home from the hunt. He then said to Mr Buckland : who are you you b Buckland ? go to - — -. I'll drop my whip on you next, you b — . Get off your horse, you b , and by I'll fake it out of you. Complainant said this more than once ', might have said it a dozen times. Wilson then made as though he was going to strike Mr Buckl:imVs horse, and thrash it with his whip. He, witness, turned to him and .said, although the days ai*e short, there's p enty of time ior you t » learn to »ddres a gentleman in a proper u.iunne >•_. He then began to abu«e witness, aul threatened toserve him in the same way. In fact, he challenged him to tight; thinking he was in earnest he got off Ih'b horse, -md called Wilson off. Wilson would not come, so he pulled him off He then asked him toapologise. When Wi'son refused to apologise, he said if he did. not he would spank him. Wilson then ;ay down on the ground and bewail to cry, and said he would sooner die. first. Ho tried to make him stand up and apologise, but he would not. After he had spanked him two or three times he again asked him to apologise to Mr Buckland, he still refused. Mr Parr then wave him two more blows with the whip, and at last he said he would apologise to Mr Buckland, aud did so. Mr J. S. Bucklaud gave similar evidence, Qross-examined by Mr Hay : Did not call Wilson a pup. Never used the word in his life. Told him he was the most cheeky boy he knew. Had told Mr Kirk wood that he was not going to be insulted on his way from the hunting. Held, and if he was not apologised to, lie would take the hound? away. Heard him challenge Mr Fantham to fight and call him a b Mr Robert Kirk wood's evidence was similar. This closed the case for the defend, auts. The Bench several times remarked that all the witnesses for the complainant had said that there was no bid language used, in fact that the language was of the politestlciud, but from the evidence of the other witnesses' it seems to have been far d ifferent. After a short deliberation the Court said that after going through the evidence very carefully, it appeared that they must give judgment uncter the 77 clause of the Act. The complainant had challenged these gentlemen to fight, and he had no right to expect that they should be fined for doing it. He seemed from the evidence to have got no more than he deserved. The case would therefore be dismissed, each party paying his own costs,