RESIDENT MAGISTRATE'S COURT, CAMBRIDGE.

Waikato Times, Volume XVIII, Issue 1530, 25 April 1882, Page 2

RESIDENT MAGISTRATE'S COURT, CAMBRIDGE.

Friday.—Before Col. Lyon and E. B. Walker Esq., J.P.'s. Lewis v. James.—Mr Dyer for plaintiff, and Mr Greaham for defendant. In this case Mr Gresbam applied for an adjournment until next court day, on the ground that the summons was not served on his client until about 24 hours previous to the sitting of the court.—Mr Dyer did not object to the adjournment of the case, but objected to the costs being costs in the cause. Their Worships ruled that the costs should be paid by' defendant. Case adjourned.

-A Street Imbroglio. Two men named respectively Thomas North and Godfrey Collins, appeared in answer to a charge of Constable Brennan, for that they did on the 29th March last, behave themselves in a disorderly manner at the corner of Duke and Brewery streets, Cambridge, such conduct being calculated to provoke a breach of the peace, thereby committing a breach of the Vagrant Act. Constable Breunan conducted the case on behalf of the police. Mr Dyer appeared to defend Collins. Mr Dyer took exception to some flaw in the information, which Const. Brennan asked to have amended. After some discussion the case was adjourned to next court day, so that the information might be properly drawn up.

The Two Defendants. North v. Collins. This case arose out of the previous one, North having laid an information against Collins for ba\piig thrown him down on the footpath opposite Hewitt's hotel in Duke-street, also for horsewhipping him, and threaten- ( ing to take his life. Thomas North, sworn, said he was coming up Duke-street on the 29th March last, in company with a Mr Master, and stopped in front of Hewitt's hotel. He had just been standing there a few minutes when the defendant Collins came up and knocked him flat on the broad of his back. Was greatly stunned, and saw several stars in his eyes. Collins had a big whip which he applied to Ins (North's) person accompanying the action with the words, "North you I'll kill you, I'll horsewhip you to death." Having regained his feet, he succeeded in depriving Collins of the whip and reversed matters by applying the whip'to defendant at, the same time calling out "police." He afterwards closed with Collins and prostrated him, but Collins through some unknown agency turned him over and sat on him. Collins was pulled off him by a man called Brown. Some time after was standing in the same place when Collins renewed the attack by giving him three blows somewhere in the vicinity of the nose. Was now afraid of his life, especially during the dark hours of the night when wending his way homewards, and wanted protection.—By Mr Dyer : Collins, came to his office and asked for money, but did not get it. He afterwards asked him if he had taken papers out of his office. This was tantamount to an accusation of stealing. A man named MaiMigan also came to his office for money, but did not get it. Windows were broken in his office on Saturday night last, when he was defending himself against Maddigan with a chair. Plaintiff explained that how he came to accuse Collins of taking the papers, was, he went to the post-office on the day in question, where he met Collins, who asked him for some expenses which he refused to give. On returning to his office he found that some sealed papers, addressed to Major Jackson, were missing. Seeing Collins in company with Messrs Campbell and Dyer, he naturally thought he had taken the papers, knowing of course their significance. He therefore asked Collins about the papers, anb consequently the row. James S. Master gave evidence : Saw Collins come in contact with North opposite Hewitt's Hotel, knocking him down. By Mr Dyer : Did not hear any of the conversation between both parties re the papers—By the Court: Could not say that Collins knocked North down intentionally, having only leaned against him. Frank Andrews gave evidence: Was near the scene of the combat on the day in question. Collins told him that he had been accused of stealing documents, and expressed his intention of horsewhipping North when he got him going home. Collins said he told Constable Brennan he waa going to do so. Did not sec the flogging match, but saw Collina sitting on North. [Here North gave vent to some language relative to Mr Dyer and the ends of justice, but was ordered to desist by the bench.] Robert Campbell gave evidence : Heard Collins say he was accused of stealing legal documents, and express his intention of "going for" North, saying, "I have plotted this for the accusation," showing him a whip. Collina also said if the lash end of the whip was'nt good enough he would take, the other (meaning the butt) end. Saw Collins and North embracing each other on the ground, North being uppermost, and shouting for the police, Collins requesting the onlookers to drag him off. Collins endeavoured to buck him off, and ultimately succeeded in bringing North undermost. Collins slapped North several tunes on the face, and then kicked him behind. Defendant invited North to retire to the back to finish up.—By the court: Could not say from what he saw that North was in imminent danger of his life.—John Lean gave evidence. Saw Collins lying on the ground opposite Hewitt's hotel, and North kneeling on him, holding him down by the neck, at the same time calling out "police."—Mr North having exhibited a few rags, which constituted his coat on the day of the contest, the case for the prosecution closed. Mr Dyer on behalf of Collins, said he admitted all that was in the information, but pleaded justification. Did not admit, however, the plaintiff's being in terror of his life. If their Worships thought a 2Ji'i»ia fat ie case had been made out he would proceed, with the case, and produoe witnesses to show the justification of Collins action. North had followed him through the town accusing him before people of having stolen the documents in question. Mr J. P. Campbell was called by Mr Dyer, and gave evidence on behalf of the defendant. Was present when North said to Collins " Didn't you take the papers out of my office," North in reply to Collins afterwards distinctly accused him of having stolen the papers. North's manner was very insulting both to witness and defendant., This closed the the evidence for the defence. Their Worships in giving judgment said they were of opinion that the defendant, Godfrey Collins, committed an assault on'the person of Thomas North. Of course no man liked to be accused of stealing documents from the office of another. At the same time, Collins had no business to take the ,law into his own hands, and commit a breach of the peace. They would therefore bind defendant over, himself in £20, and two sureties of of £10 each, to keep the peace for the next six months, each <party ,to pay hia own costs.- ' v "' • -> ,»' ■ Mr North asked the court.for sub* atantial securities as he '.was,afraid,pf his HfeV: The Beiictf informed' Win "that the sodneVlie left' the M cb'drt' the'l&tter fbr binwelfc- " ' < k »-i ■ . *,