RESIDENT MAGISTRATES' GOUBT, HAMILTON.

Waikato Times, Volume XIX, Issue 1594, 21 September 1882, Page 2

RESIDENT MAGISTRATES' GOUBT, HAMILTON.

Yesterday. — (Before Mr H. W. Northcroft, R.M.) Civil Cases. A number of civil cases were on the li3t for hearing, but when called had been settled out of court.

Criminal Cases. Child Desertion. — An information was read against one Thomas Morrisey for a breach of the Destitute Persons Act, 1 877, for having left a child at Hamilton five years' of age, without adequate means of support. Accused did not appear. — Mrs Keily, the person left in charge of the child, deposed that Morrisey had given the child into her charge in February .last, agreeing to pay 68 a- week towards its support. Since then, however, he had only paid £4, leaving the sum of £6 4s 7d still due.— Sergt. McGovern said the police had had great trouble in finding Morrisey who was at the Thames. — The Court ordered that defendant should pay 7s a week, payable monthly, the first payment to be made on the 20th October next.

Assault Case. George Marshall, contractor, was charged, on the information of Alexander McLeod, for that he did, on the 13th inst., unlawfully, and without provocation, assault and beat the said Alexander McLeod in the Commercial Hotel, Hamilton. Accused pleaded not guilty. Mr Hay appeared for complainant, and asked to have the words " and without provocation" struck out of the information. — Granted. — The complainant was then called, and deposed (1) to having gone to the works at the new railway bridge on business, where he had a few words with Mr Marshall, who expressed his intention of throwing him into the river if he would not leave the works. He again met Marshall in the Commercial Hotel, in the evening, when he asked him to have a drink, but Marshall declined. Without any provocation whatever Marshall came behind him and threw him down, striking him on the face when down. Mr Milne, assisted by the accused and the stableman, (2) put him outside the hotel. Witness was cross-examined by Mr Marshall, and adhered to his original statements. — Charles Hall was called and deposed to having heard Marshall threaten to throw McLeod into the river if he did not leave the works. Saw Marshall take hold of McLeod in the hotel and throw him down. Mr Marshall and Mr Milne then put complainant out. — Robert Williamson and Simon Saunders gave evidence almost similar to that of the previous witness.—This concluded the case for the informant. — George Marshall, the accused, deposed to having come in contact with the complainant at the railway bridge, where the latter had come to look after some back wages, for which he was referred to his original employer. McLeod asked Mr Sims for the price of some tools which he had lost at the bridge, and on Mr Sims not complying, McLeod told him lie was a b y fraud. In the hotel in the evening complainant made use of some very objectionable remarks, and insisted on him (witness) taking a di'iuk, and not complying, McLeod caught him by the wrist and struck at him. It was then witness caught hold of McLeod and threw him on the floor. — By Mr Hay : Did not intend throwing witnessinthe river, butin saying so meant that if we began a scuffle on the works, both of them would fall iuto the river. McLeod commenced the row by standing in the door when witness wanted to go out. — Mr Milne and the barman of the hotel also gave evidence. Their evidence went to show that complainant was anything but a desirable customer. McLeod caught hold of Marshall, and told him he should not leave the room until he had a drink with him ; and his objectionable conduct justified the accused in the course he took. McLeod also struck at Marshall. His Worship thought the evidence very conflicting, but, nevertheless, thought the assault had been proved beyond doubt. He was really astonished at the evidence which had been given by Mr Milne and his barman for the defence. Mr Milne said one thing and his barman said another. On the other hand, the evidence for the prosecution had been straightforward, and was as good and well-supported as he had ever heard. He would defer sentence until the other cases of assault between the same parties •were heard. The Court was then adjourned until this morning.