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MAGISTERIAL.

Mr: B. I). Day, S.M., presided at to-day's sitting of tb'e Ashburton Magi&vtrate's Court. UNLIG-HTED VEHICLE. Ernest Ede, Dromore, who did not appear, was charged with driving a vehicle after dark without lights. Constable Teape stated that the breach occurred about 8.35 p.m. in Burnett Street. A fine of 10,s, with costs, was imoosed. EXCESSIVE SPEED. On charges of exceeding the speed limit the following motorists, who did not appear, were, each fined 20s, with costs:—Mrs E. If. J. Grigg, •■Eiffelton; Arthur Wilfred Olsen, Glen tunnel; A. Moore, Hinds; Mackay Lloyd, Netlierbv; D. Knight, Alr'ord Forest Road; W. T. Lowe; Window. Gordon Wilkie, Ashburton, pleaded guilty to a'similar charge,, and was fined 20s. with costs. TROUSERS CRITICISED. William Partridge, pensioner, proceeded against, Samuel Grant, draper, on a claim of £2 10s. Plaintiff stated that the claim was in connection with two pairs of'trous.ers he had left with the defendant for repairs. Defendant denied that the trousers had-been left at the shop. Even if they had he would not have touched them with a pai,r of tongs.. Plaintiff : You seem delighted to keep them. Defendant, continuing, stated that: Partride© on one occasion accused him of : vveariuic them in the street;, (Laughter.) Judgment was given in favour of defendant. ■WESTERFiELD ASSAULT. . William Painter, contractor, Westerfield, proceeded" against James McDowell, labourer, Tinwald, on a charge of assault at Westerfieid. Mr H. D. Acland appeared for informant, and 'Mr U. Kennedy for de 1-' fendanfc. • '"! W. Painter .syid tliat 'he was on the wav home with a horse and gig, and when "in 1 the act of opening a gate leadinc into the yard McDowell came up and made objection to witness going to his (McDowell's) mother about a team of horses witness was going to sell to McDowell. Witness explained that the reason ■ he ' spoke to the mother was because McDowell was not about. The latter the-n struck witness, inflicting several blows- about the 'head and body. He eot into the trap, and McDowell 'threatened tor sire him some more when he cofc the- opportunity.. . Mr Kennedy: Didn't you say something about-moner ? ''■ Witness.: T ssri'd something, and McDowell reefed: "MEnd your own business." : J. McDowell sniil that Painter first asked : ' ' Whv>« a re-.you- : going- to, take. the team „,?"'. He: replied: " Not. till, tho. spring. '.'■•/ P;fti'nter .then;'; asked where he. k was ,going; .to get^-the- money, and..wit/■hes»: replied, that, it '<-tests. no business .of, ■ his; 'Painter .then s track him, and he retaliated in s-*»lf-defence. To Mr Anlhndr He thought it was nofc right of Pointer to go to his (witness's) mother. \mb he said nothing to v.he informant nbuut it-. Painter struck him first '.*'■. E. Rjoscow:. who* was an eye-witness. '-, said that as thp outcome of an argument Painter struck McDowell, and a firrht ensued. He was certain Painter struck the first blow. The incident was more in the nature of a fight- than an assaultl . ,; Dr. Lvon said lie examined Painter, who.complained that he was suffering fi'om pains in the left side as the result of blows, received three days before. "He could not find anything abnormal, and there were no signs of injury or bruises. H<* saw Painter about a. week later, and he th^n had a brown mark on the left upper arm, which might bo consistent witH a deep-seated bruise received some time- before. The MaEi.scrn.tp said the assault was not of a'serious nature, and imposed a fine of 10s. HUSBAXD TO PAY. Annie Tret-hew ey, Ashhurton, proceeded against her husband, Samson Trefchewey, of Waharoa, Hamilton, Waikato, on n chnrge of failing to provide her and her infant children witu adeauafce rneaius of maintenance, and asked for maintenance, separation, and guardianship orders. Plaintiff was represented by Mr' H. D. Acland. and Mr it. Kennedy ao.'oeared for-defendant.

Annie Trethewey said'she had read the evidence .'driven by her husband at. Hamilton. :1 v regard to' state merits :made by him, she she never asked him to return, and she had not received more-'than '*bwo,-letters from him. The statement!-, made by her husband in recard to her conduct were quite untrue. He was of a very jealous disDasition.

To Mr Kennedy: Her husband did not offer her a home. She did not know he was in Auckland until a short time aero. To Mr Acland: She. had ber-n with him three times, and would not again, return. She had two children, a boy and a girl, ngw.l 12 and eight years respectively. The Magistrate said that from defttndant'a own evidence he did, not intend to support his wife, although admitting that financially he was worth £3000. separation order was granted, the aoolicant to Have custody of the chil-; dreu. , Defendant wasC ordered to nay 30s weekly allowance, £50 for past; maintenance, and £50 in respect of each of the children. He was also ordered to find security to tho extent or £400 by deposit or in bonds, and to defray Court costs. . • ■^■-.- CIVIL CLAira. ; ' . '^.- 3\ ivenriedy, -blacksmith, Ashbur-:' tbn-:.(Mr Kennedy) v ; Wnl. Painter, farmer. Westerfiold- (Mr-Acland),. claim:, £.3 2s for work done and material sUDolied. • Defendant lodged a'counter-claim for £4 8s 6<i. in connection with" a dray axle wheels, etc.. left at the shop. . After evido.no* had been taken, judgment was siiven for the plaintiff for the amount claimed, and the counter-claim was dismis&tnl. the Magistrate, stating that the material referred to had !>een left at the shop at defendant's own risk.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AG19190509.2.54

Bibliographic details

MAGISTERIAL., Ashburton Guardian, Volume XXXIX, Issue 9605, 9 May 1919

Word Count
901

MAGISTERIAL. Ashburton Guardian, Volume XXXIX, Issue 9605, 9 May 1919

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