ONEHUNGA MAGISTRATE'S COURT.

Auckland Star, Volume XXXVII, Issue 261, 8 November 1906, Page 3

ONEHUNGA MAGISTRATE'S COURT.

(Before Mr. R. W. Dyer. SAL) " |; AILLEGED damage to oyster BEDS. : Sergeant Twomey prosecnt-ed on be- j half of the Police four young men named ; John Andrews, William "Ball, John,Neville and Andrew Murdoch, who were charged that they did wilfully : damage a certain oyster bed in the Manukau Harbour, held under exclusive license by John Dean. Mr. J. R. Lun- i don defended. Evidence in support of ' the charge wa.s given by Captain S. Neal, ' Inspector of Fisheries "at Onehunga, the ;: 'complainant, John Dean, and Constable Coppel. Andrews and Ball, two of the j defendants, stated that their visit was j ; solely for the purpose of gathering mus- j j sels, and that they in no way inter- I■ fered with the oyster beds Mr. '' Schnauer, who held a lease of an oyster ' bed in the Manukau, was called by Mr.;' Lundon. and gave it as his opinion that : ' 1 the walking over the beds except in the j' months of January and February (the] spawning seasons) would not damage ; : the beds. Mr. Dyer, in giving judgment. !' said that he wa.s not satisfied that thejl defendants had crossed Dean's bed; and < even if they had it had not been proved j that the beds were in any way damaged, and he would therefore dismiss the i ] charge. An Assault Case.—George Herbert Bray, who was charged with assaulting Vv dliam Francis Harwood. Mr. Schnauer appeared for the defendant. The complainant gave evidence to the effect that he had been in the employ of the de- i tendant, and wa.s dischargd by Bray. The | following morning Bray was passing on horseback, and sa.w complainant on the ! verandah, when, after some words Bray j i rushed in. and committed the assault : complained of. Dr. Gore Gillon stated ; ] the nature of the injuries received by Harwood. and Rose Harwood (wife of ; :omplainant) corroborated her husband's evidence. The defendant in his evidence stated that he did not dismiss Harwood. but that the latter 1 V ot vis ovrn ' iccord on account of a dispute about j overtime. Tie called to see Harwood on [ the matter, and while discussing the. natter. Harwod rushed out and struck I < the first blow -. and he. as a matter of ] course, defended himself. Walter Mc- j called for the defence, substanti- j - ited the statement of Bray. Constable Coppel gave evidence ot -eeino - a lot of blood smeared on this inside of the fence [ and on the doorstep. Mr. Dyer said that in his opinion Bray was at fault. | md he would be convicted and fined £3 ] and costs £1 4/9. or in default one; month's hard labour. The fine was paid. | An application by Annie Elkinston for ; i prohibition order against her husband ' James Klkington, was adjourned until i next court day. i