RESIDENT MAGISTRATE'S COURT. This Day. [Before Mr. Edward Shaw, R.M.]

Evening Post, Volume XXII, Issue 35, 10 August 1881, Page 3

RESIDENT MAGISTRATE'S COURT. This Day. [Before Mr. Edward Shaw, R.M.]

DRtJNKENNES*. John Martin was discharged with a caution, and James Gannon was fined ss. SERIOUS ABSxTir/r. Thomas King was charged with assaulting Frederick Marth in Taranaki-atroft. Mr. Gordon Allan appeared for the complainant, and Mr. Gully for the defendant. Until a few days ago the complainant was carrying on business as a storekeeper in Taranakistreet, the defendant, among others, supplying him with g ods. The complainant ultimately became indobted to King to the extent of about .€l3, and this circumstance seems to have been the origin of the assault. Some weeks ago Marsh found it necf ssary to become a patient at the Wellington Hospital. On re-taking posses-ion

of his shop he was visited by King, who aocnaed him of being addicted to intemperate habita, and adviaed him to turn over a now leaf, promising not to press him for the money due to him in the event of hia doiDg f-o. Clianciiie to pass Marsh's store on Saturday last, King observed tint the stock ba<l been cleared out, and subsequently learned that it had been sold for about £3, alih'juffh its value was nm-Bsed at about -820 Fxaspcrated by the discovery, he sought out the complainant, and after aome warm* words had passed between them. King administered to him a very severe thrashing. He knocked Marnh down, b'ackened his eye and drew a considerable quantity of blood. For tho defence the assault was not denied, but it was shown that the defendant had received a great deal of provocation, owing to the mean treatment io which King — a principal creditor of the complainant's — had been subjected His Worship said the evidence had disclosed a very serious assault. The only doubt he had in his own mind was whether he ought to Bend the defendant to gaol without the option of a fine. He decided, however, to give this option, because there was no doubt the defendant had received some degree of provocation. The complainant had been vary Berionaly injured, and it would be better that he should be compensated in some measure for the injuriea he had sustained. The defendant would be fined -810, without costs, half of this sum to go to the complainant; in default, tiro months' hard labor.