RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume XXII, Issue 1668, 8 July 1892, Page 3

RESIDENT MAGISTRATE'S COURT.

Akaroa : Thursday, July 7, 1892,

Before A. I- McGregor and A. H. Westenra, Esqs., J.'sP. civil oases. M. Daly v. Tidyman. Claim, £6 18s 3d. Mr Potts for plaintiff. Judgment for amount claimed and costs. A. Mohoviob v. C. O'Reilly. Claim, £1. Mr Henning for plaintiff, Mr Potte for defendant. A. Mohovich. sworn, deposed the debt was for vegetables supplied in 1891. The first item was ordered by Mrs Kerridge, but defendant promised to pay him. By Mr Potts—The entries were made at the time. The goods were delivered at the house in Lavaud street. Defendant told him in the blackemitVs to send the things. Always looked to defendant to pay him. Sent bill when in hospital and again a month ago. 'Defendant deposed that the first account he had received was the other day. He refused to let some iron work go, and then received Ihe account, which he was surprised to get. Hβ had not ordered the vegetables, and the vegetables had not been got for him. It was not in his line to order vegetables. There were plenty in the garden at the time of the bill. By Mr Henning—l never repeatedly promised to pay the money. I have a lad in my shop named George. I did not tell him when I received the account, that I thought it had been squared by horse hire. They Bench said they believed the vege tables had been supplied to the house, and gave judgment for amount claimed ■and costs. CATTLE TRESPASS. J. B. Westlake, for having a horse astray, was fined 10s and costs. John Hnyward, for a similar offence, "was fined a similar sum. CHIMNEY ON FIRE. J. F. Earnsbaw. for having a chimney on fire, was fined 5s and costs. LARCENY. Hugh McNally was charged on remand with stealing two blankets, valued at 15a, from Mr R. Fleming, of Port Levy. Accused pleaded guilty. Constable Scnlly said nccuaed had been •employed by Mr Fleming, and when he left, beeides the blankets, took some clothes belonging to another boy. He ■waH unknown to the police, 21 years of age, nnd hardly seemed quite right in his head.

The Bench aont accused to Lyttelton for 14 days' hard labor, warning him to turn over a new leaf on coming out. BREACH OF WEIGHTS AND MEASURES ACT. Thos. Feltham, wbo was too ill io appear, woe charged with n breach of the Act by having a 21b weight three drachms jsbort in his possofsion. 'Fined 5s and costs. TO KEEP THE PEACE. A. F. Hawthorne laid an information ngainst John Dison that he had used insulting language towards him, and requesting that he should be bound over to keep the peace^ Mr Henning appeared for complainant, and Mr ClhtUb for defendant. A. F. Hawthorne, eworn, eaid—l remcm ber the 31st May, when I wns working for Mr Ljons on the Summit Road. Dixon came oloDg with a stick in hie hand, and abused me in a most unmanly way. T bad not spoken to him for two months previously. Mora and Thomas Lyons were with me at this time. I wish Dixon to be bound over to keep the peace, so that I shall have no more annoyance. I would have laid the information at once, but Mr Davvson told me there would be no Court till to-day. By Mr Clerke—l know a man named Wm. Phillips, who came to me about some powder. I do not remember telling Phillips Dixon was robbing people right and left. I did not cay Dixon had robbed Coop, Houghton, Dominique and Zieglar. Suppose Dixon hnd heard these things a few hours before it might not have been so bad, but it was two months after he heard them he used the language I object to. The conversation with Wm. Phillips were confidential. I did not tell Lyons Dixon had been robbing anybody. lam in bodily fear of Dixon, and have been einco grass-Reeding. lam in bodily fear of no man, but I want peace. There was no provocation on the day mentioned. Dixon was lying In wait for me on the day in question, but I went round by German Bay. lam only afraid of his getting the better of me by lying in wait -for me. If I had not had a drill in my band he would have attacked me on the day referred to.

Thomas Lyons, sworn, said he remembered being with Hawthorn on tbo Summit Road on the day in question. Eemembered heating Dixon use the bad language stated by the plaintiff. Hawthorne used no provocation. Did not ccc Dixon till be was round the corner. By Air Clarke—Dison did any as he was going away that bo would lay in wait for Hawthorne. Hawthorne told me that Dison said himself he hnd robbed Coop. Hougbton, Dominique and others. I told Dixon Hawthorne had made these remarks. Dixon told Hawthorne he was not big ■enough to hit. William Phillips, sworn, said—L know Hawthorne. I went to hia houee one night for Home powder, two months ago. Hawthorne said bo was not justified in giving Dixon what didn't belong to him. He said he would not give up the powder, He said Dixon hud iobbad Houghton. Coop (of Little River), Ziegler and Dominique. I soid I bad not heard of euch conduct of Dison's, nnd he said Houghton bad told him, not Dixon. He said if Dixon came near his place he would brain him with a rail. It was the day before tbo bad language waeueed that I told Dixon what Hawthorne had said.

By Mr Westenra—l am not in bodily fear of hie asauulting me openly, but afraid of his laying in wait and doing so when no witnesses are proeent. Defendant deposed—l remember the day in queetion. I used some pretty rougli

language. If he keeps hia mouth shot, and leaves me alone. I shall never speak to him, Hβ told Lyons Tie was going to take dome tools off the work, and 1 did lay in wait to stop him. If be had come I should havfl rnn Ivm into Akaroiw That was all the lying i-i w^it. The Beno!) said a very disgraceful soene had ocenr-nd, but the. evidence was not sufficiently strong to bind defendant over to keep the peace. They warned, him. however, against assaulting complainant, but considered there had been certain provocation, and therefore decided each party had to pay their own costs.