RESIDENT MAGISTRATE'S COURT, HAMILTON.

Waikato Times, Volume XXXII, Issue 2683, 8 June 1889, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON.

TIIUKHIiAY. —(lief ire Gapt. Jackson, li.M.) llakkick v. I'>i'.rri,i;v. —In this which was heard on lust Court day, judgment was txiven for plaint-ill' for !Jo 1/ s and c ).-ts. .Mi' O'Neill, who appeared for the defendant, applied for time to pay the amount. His Worship ordered him lo pay JL'l. 10> per monl h. EuZAtmnt WAI.I, V. KUWAHU WA1.1.. — This was a case in whicti the wife sued the husband for failing to contribute. to her support, and the, plaintiff stated that, as she. was setting old now, she was unable to earn enough to lc.'ep herself. Defendant w.is ordered to pay p"r week toward- his wife's support, and the costs of the case, 7s. Elliott v Bl'.Tt'l.l'.Y (two chart's). I< Ir--i, rescuing horses being driven to the pound ; second, assault. — Ilicrn.KV v. Ki.i.ioit, assault. —As the evidence in these three cases was similar, Mis Worshiri decided to take, them together.—Mr O'Neill appeared for Elliott, and Mr Buttley conducted hi - own case. —Mr O'Neill stated that the actions had arisen out of the trespass of two of Bett-ley's horses into Elliott's garden on May 17th, and Elliott was taking them to the pound when Bsttley interfered and tried to catch one of the horses by the mane. Elliott hit the horse, making it jump away frotn Bettley, ami the latter then rushed at Elliott and struck him. Elliott tried, in self-defence, tr, keep him off with a whip, hence the ci oss-action by Bettlev. — David Elliott and his son, Alexander Kllioti, deposed as to the horses being ill Kiiiott's garden on May I.7th, and that they started to take them to the pound, but lljttley interfered, and on being told to leaie the horses alone, rii-hed at Elliott and struck him with his clenched list, and a sci'da ensued, in which Elliott full down en ! liettley on top of him. A. Monro then rushed in and pulled Bettley oil'. — Pivid Elliott, junr., corroborated the latter part of the evidence. —.J, Bettley deposed that on finding that the horses had got into Elliott's garden he went to look for them, and found that Elliott had got them j mimed up in the comer of his garden facing Vic-toria-street, and that a racehorse of Mr Brobine's, which was in his charge, was in the act of rising to jump the fence, which is a spiked one, and lie, told Kliiott that if the liorjo injured itself he (Klli utt.) would sullVr. Kliiott said ho \vi\h coin'/ to pound them, and he said " pound away." The Imrses then turned round and rushed down to the lower end of Elliott's garden. Kliiott l.lien gave him a back-handed smack across the face with a whip, and he said, " Wli it. are you doing? " when Elliott gave him another smack and then kept it up. lie, then rushed Elliott in self-defence, and they both fell to the ground. Kliiott got his hand in hi.; collar with the object of choking liini, but the collar button came off. Me then managed to get on top of Elliott and held him down. A. Munro and I). Kiliott, jour., then rushed out and he got oil Klhott and they both got up. Elliott told him to clear out, and made a motion as if going to strike him again with the whip, but did not. Me did not knew where the horses M ere during this time, but the. racehorse was found down by \o, 1 P,ridge m (ho evenini'. --It now being 12 o'clock - , the. case ivas adjourned to 20th June, at L' p.n>