MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1423, 25 April 1912, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. O. Riddell, S.M.) "EXCESSIVE FORCE." L'SED IN SELF-DEFENCE. Yesterday, at the .Magistrate's Court, John Andrew Davis mis charged with having assaulted Archibald George. Mr. J. J. M'Orath appeared for the defendant. Davis deposed that Georgo had misunderstood a ;emark of his while they wero both in the. ttodega restaurant. Defendant had offered an explanation, but Georgo had refused to accept, it, and had wanted to 6ght, but defendant had declined to resort to blows. The remark was simply ono in which defendant had addressed a waitress in the. restaurant a? 'Darky." George had taken that name jn applying to himself. When defendant left the. restaurant he found George waiting outside, and ho (George) struck nt h'im. Defendant had, endeavoured to parry the blow, and had subsequently struck George once, with tho result that ho (George) .had fallen to the ground. Evidence was given to the eltect that George had received slight concussion of tho brain as a result of the affair. His Worship said that the provocation was slight, and tho force of the blow excessive. He fined Davis £i; and ordered him to pay expenses (jEI 35.). ALLEGED ASSAULT. A caso in which Joseph Daniel O'Neill was charged vitu assaulting Herman Henry Rather on April 1!) was called on again. Mr. if. Myers appeared for O'Neill. "ho defendant was remanded till next Wednesday, as Rather was reported to be unfit to attend at present. Bail was allowed O'Neill.

UP FOB SENTENCE. Thomas Alfred Downey appeared for sentence on a iliarge (which ho hnd admitted) of stealing two razors, a shaving brush, a canvas bag, a pair of trousers, of the total vaho of 7s. Gd., the property of Percival Blnck. It was stnt«d that Downey had not been before a Court before, and his "Worship said that ho would give the defendant ; chance. Downey was convicted and ordered to appear for sentence when called upon. OTHER CASES. Roljert Gate, who was charged with drunkenness and breach of a prohibition order, declared that at tho timo of his arrest ho was not drunk; ho had then only been released from detention for citralivo treatment, and was still suffering from the effects of drink. His Worship said that there was a doubt as to whether or not the defendant had had liquor, and ho would get the benefit of it. Joseph Johnston, alias James Smith, was committed to Roto Roa for one year for breaking a prohibition order. l-'or insobriety Edward Patrick Owens was fined 10s. .TUVKXILE COURT. Two boys, 0110 11 years of nge, and tho other 15 years, were charged wifli stealing two Yalo keys, a. lady's watch, three combs, and one electric torch, of the total vahio of £0 Up. t'd., the property of Georgo Fyffo M'Lean. Mr. P. W. Jackson appeared for the defendants. His Worship discharged tho boy;, on Ihe parents giving an undertaking to 'punish them. MOUNT COOK POLICE COURT. At tho Mount Cook Police Court yesterday, before .Mr. T. S. Lambert, J. P., William Keid and James Thompson wore each convicted as bring zi habitual drunkard, and sentenced to fourteen days' imprisonment. Duncan M'Bride, for drunkenness, was fined 10s. or 48 hours' imprisonment. One first offender was convicted and discharged, as also were John Walley and Henry Sladcn.