R.M. COURT TE AWAMUTU.

Waikato Times, Volume XXX, Issue 2461, 19 April 1888, Page 2

R.M. COURT TE AWAMUTU.

Friday. — (Before Captain Jackson, R.M.) Petrik v. McJan'Sett.—Claim for subscription to a newspaper published at Ross, Defendant denied all liability, and stated that there was a verbal agreement between the parties that the paper was not to be charged for. Refused at first to receive the paper, but as plaintiff persisted in delivering it at the Bank of New Zcabn ', «!• which defendant was manager at Ross, an agreement was made by which no interest was to be charged on plaintiffs account in the bank.— Defendant's evidence was taken in the Court to l>e forwarded to Ross.—Defendant stated that plaintiff himself admitted, when defendant refused to take it, that his paper was not worth the subscription. Fie further stated that prior to his leaving Ross no demand had ever been made on him for the account, and that no account was rendered till after his arrival here. Ho did not, take the paper as a private individual, and

positively refused to subscribe to it, but plaintiff persisted in delivering it at the bank entrance on the understanding stated above. Criminal Cases. Police y. T. Same v. J. Kay, breach of Gaming and Lotteries Act. Constable Berriman laid the information. The offence was committed at Te Kuiti, and consisted of raffling two horses, contrary to law. Defendants pleaded guilty, and slated they did not know they were doing wrong. —Constable Berriman proved the offence, but as it was done in ignorance he would not press for a heavy penalty.—The Court said that as this was their first offence he would fine them £1 each and costs 10s each, he cautioned them and the public generally against a similar offence in future, and they no doubt thought that as it was in the King Country, there was no great h>l rm in it, but it was an offence no matter where committed. Harris v. McDonald, assault.—Mr Hay for defendant. Joseph Harris deposed that on Monday, 2nd April, he was at his house at Alexandra, when defendant came up and said his cattle had had a bad nights rest, from having been illused by plaintiff the day before. Witness denied it when defendant came up and laid his stick upon witness' shoulders and arms. Witness took bis coat off and showed a slight yellow mark upon his upper arm and some marks upon the right hand. By the Court: Was perfectly free from wounds and blemishes before the assault. —Cross-examined : Had no quarrel with Mr McDonald previously. Would have done anything for him, in fact there was no one in Alexandra for whom he would have done so much. Would have carried him on his back if it would have done him any good.—By the Court: Told Mr McDonald he had killed Mr Smith's c;ilf. It was only a lark, your Worship, and we were good friends then. —Constable Jones deposeil that plaintiff came to him on 2nd April, and said he had been assaulted, and showed a black eye and some cuts about the knuckles of the right hand. — Patrick McDonald, bootmaker, of Alexandra, deposed that lie met plaintiff on Sunday Ist. iust., driving witness' cows, he had a big stick in his hand, and ba said he was bringing witness' cows from Mr Goodfellow's paddock. Missed a c-«lf. Wituess went to look for it, and found it had been thrown over the bridge at the MangapiUo where the cows had' been running. Harris said the calf went home in front of tin; cows. Had reason to believe that Harris ill-used his cows. Went to Harris on Monday moining, and accused him of beating his cows on Sunday. Harris gave him the lie. Witness shook hisstick at him, and said, "If you give the lie again, I'll warm you. ,, Harris then ran in and got a stick and said, "Now we'll have a shillelagh right." It took witness all his time to guard the blows delivered by Harris. Plaintiff rushed iu on witness when he found he could not strike him, and when he rushed in he dropped the stick and witness picked it up. Plaintiff then ran away.—The Court decided that the fact of defendant having shaken his stick at the plaintiff constituted an assault. Fined 10s, and costs 7s. Saturday—(Before Messrs Kay and Hutchinson, J.P.'s.) Attempted Suicide.—Georg-e Smith was charged on the information of Constable Jones with attempting to commit suicide on the 11th inst. by throwing himself in the Mangaoho'.Creek. After hearing the evidence, the Bench did not think it advisable to send the case to the Supreme Court, as the prisoner expressed his regret, and promised not to offend again, and in their opinion no good purpose would be served by sending it up. Prisoner was therefore discharged,