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RESIDENT MAGISTRATE’S COURT.

ASHBURTON. -To-day. (Before Mr Nugent Wood, R.M.) CIVIL CASES. Grice v. Saunders.— Mr Branson applied for a re-hearing of this case. At the last hearing only plaintiff’s case had been heard previous to judgment, owing to the absence of defendant’s witnesses. Defendant was now prepared to show that the number of sheep alleged to have trespassed was fully 1,000 less than the number for which judgment had been given ; and also to show that there were gaps in the fences on the road. For defendant at last hearing, he had explained that his witnesses were absent, and had asked for an adjournment, being prepared to pay all expenses. Dr. Foster, for plaintiff, opposed the application. The fault did not lie with the Judge, nor with plaintiff, that defend dant’s case had not been heard, but with defendant himself. His Worship said that judgment had been deferred for a week to allow rebutting evidence to be adduced, but the time had not been taken advantage of, and he felt obliged to refuse the application which he would, with LI la professional costs. Mitchell and Turner v. John Murphy. Claim —L3 19s 6d. Judgment for amount claimed and costs. Lake v. Brankin. No appearance for either party. Trustee of Edmiston, Gundry,; and Co. ’s estate v. Little. No appearance. AN ASSAULT. Auberg v. Corsbie. Claim, LlO damages for assault. Dr Foster appeared' for plaintiff, and Mr Branson for defendant. Plaintiff examined, said that last Saturday week he had seen Corsbie in his office, between twelve and one. Had offered to accept wages for work done for defendant at 7s. a-day day work, or 30s. a-week if paid as if for a year’s engagement. In the course of conversation Corsbie lost his temper, and when witness left the office Corsbie ran after him and kicked him behind. Witness then challenged him to fight. Cross-examined by Mr Branson—Gave Mr Corsbie no provocation—used no bad language, and said nothing whatever to induce Mr Corsbie to rush out and kick witness.

Peter Bates, shepherd in Mr Corsbie’s employ, remembered last Saturday week. Saw Auberg come into the office, and heard hinv ask Oorsbie to “ pay up like a man.” Saw Corsbie come out and kick Auberg. Heard no such word as “bloody.” Corsbie pushed Auberg out of the office. Auberg might have made use of very disgusting language, but I did not hear it. Cross-examined by Mr Branson I cannot vouch for the man haring been actually kicked, as I did not feel the kick. Mr Corsbie did not kick twice, because the first kick was a miss. For the defence—L. E. Oorsbie recollected the day on which the alleged assault was committed. Plaintiff came and asked for a L2-cheque, and also wanted more wages. Told him then that next day he would be prepared to hear what he had to say. Next day paid him his L2, but he said nothing and I went away. At noon or so Auberg came very excited, and demanded to be paid his b y raoneyj saying he would not work for less than 7s a day. I told him ho could give a week’s notice and go. He then used bad language, and followed me to the verandah in front of the drawing room, where he was very much excited and used more bad language. I pushed him off, and I believe kicked him. He then wanted to fight. Before Christmas Auberg was employed at 25s a week. Since then he has been at odd jobs at 30s a week. Cross-examined by Dr Foster—ln the morning Auberg was very much excited, and seemed to be in a state'of “stale drunk. ” After hearing counsel, his Worship said there had evidently been provocation, and he would dismiss the case. Mutter v. Williams. —Claim, L 4 18s fid. Judgment for L2 at once, and the balance into Court on the Ist of April. Corsbie v. Prendergast.—Claim, Ll 7. Judgment for L 6 10s, paid into Court. This case arose out of a transaction between the parties for an entire’s services. Plaintiff said one mare had died while in foal, but a second mare served had had her foal. The service was in 1878. Defendant said one mare had died while in foal—the second had never been in foal.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18810225.2.14

Bibliographic details

RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 2, Issue 278, 25 February 1881

Word Count
720

RESIDENT MAGISTRATE’S COURT. Ashburton Guardian, Volume 2, Issue 278, 25 February 1881

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