RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume 6, Issue 349, 6 January 1863, Page 3

RESIDENT MAGISTRATE'S COURT.

Monday, Jan. 5, 1863. George Wilcox was charged with haying, on the night of the Ist January, broken into the house of George Washington Day, a cooper who resides at the Spit, and with having assaulted him, whereby his leg was broken. George Washington Day, whose deposition was taken at the hospital on oath, said, — I am a cooper and reside upon the Spit in the town of Napier. . I live in a wooden house which I rent from Capt. Blair. On Thursday night the Ist of January I had gone to bed about an hour after sundown. I was awakened by the door being burst open and I saw the prisoner coming in with a tin case in his hand. I got up and I asked him what he meant by coming there at that time of night to annoy me. Then he made a plunge at me with this tin case and I put out my hand to defend myself and fell against the side of the house. I then went to the middle of the room and he ran at me and gave me a shove, and in the fall I broke the bone of my right thigh. I fell right on the floor — not against anything. There was nothing on the floor upon which I could fall. There was a man and a boy just outside of the door at the time when he pushed me, and I heard the man say as if to the prisoner, " Come on," and then the prisoner ran away. I attempted to rise three times but could not and found that my leg was broken. I managed to crawl to the door and shout for assistance. Le Quesne came to my assistance and helped me into bed. My house isbetween 20 and 30 yards from Le Quesne's, and my voice could be easily heard. After I was in bed Le Quesne said it was between 9 and 10 o'clock p.m. I have had very little acquaintance with the prisoner. I don't think I have passed more than two dozen words with him. I think the prisoner must have broken into the house with the intention of doing me some injury, as there was nothing in the house worth stealing. He had been in my house about two months ago, when he hit me over the head with a piece of scantling. There had been no misunderstanding or words between us previous to his hitting me that time, but he heard that I had threatened to report him to the Resident Magistrate, and he came and asked my pardon, saying he was druuk at the tune and was sorry for it. There is no other cause of misunderstanding that I am aware of. The door was fastened with an oak button. The next day some persons came and examined the place and they found the wooden button was broken. (Part of the button was produced and the witness identified it as part of the button with which his door was fastened.) By the prisoner. — I am not aware of any reason why you should wish to do me an injury. I could not tell whether you were drunk or sober. Joseph Le Quesne corroborated Day's statement in every particular, from the account Day gave him when he went to his assistance. The prisoner said he had no recollection of the affair ; that he was drunk at the time, and had not the least idea or intention of doing Day any harm. Committed for trial.

Mr. Dillon Smith has requested us to state that the case of Smith v. M'Nalty, lately reported in the Herald, has been settled by defendant paying £1 for damage to the chest k of drawers, and the costs of court..