HAWERA RESIDENT MAGISTRATE'S COUET.

Hawera & Normanby Star, Volume II, Issue 138, 10 August 1881, Page 3

HAWERA RESIDENT MAGISTRATE'S COUET.

Thursday, August 4. (Before C. A. Wray, Esq., R.M.) ASSAULT.

Carey v. T. Bashford. — Carey, settler, Hawera, sworn, said — On the 7th June, when I was petting my breakfast, defendant came into my room and caught me by the throat, and threw me down, kicked me, and neai'ly throttled me. I suffered severely for five minutes, and then went straight to the police and laid an information against defendant. There had previously been a difference between defendant and me about taking water from a well, in the April previous. Between that date and up to June, I never saw defendant to speak to. Both defendant and I were at the time of the assault living under the one roof. Defendant was a tenant ol mine, and always paid his rent. I am in fear of my life from the prisoner now. I have never h d a quarrel with defendant. There had been a few words between us. I did not siy anything to him on the 7th June. I have no witnesses.

Mr. Parrington for defendant, stated that Mr. Bashford denied the charge ; no such assault had ever taken place. He regarded the action as a piece of spite for the loss of a tenaut.

H. Bashford, working on a survey 'party, said — I was generally at home about two days in every month. Mr. Carey was my landlord. The only difference between us was about some water. I gave up his house on the 7th June. I never threatened the plaintiff nor assaulted him in my life.

Sergeant Cahill sworn, gave evidence — I have known Bashford for eight or nine months. Both he and Mrs. Basbford appear to be quiet, respectable people. The summons was not served, because Carey would not pay mileage, and the service was delayed until Badhford came into Hawera.

Case dismissad. Plaintiff to pay costs,

CIVIL CASES.

6s. McGregor v. Kifcter.— Claim, .£3 18s Bd. Juilgmeut summons. Case held over for

a month ; the plaintiff expressing himself ready to accept wood in the bush as paymeut. Same v. McKoy.— Claim, £1 2s. Bd. Judgment summons. To be paid in one month, or fourteen days imprisonment. Beresfoid v. D. Brings. — Claim, £14 2s. Bd. Judgment summons. D. Briggs gave evidence — I have no means to meet the claim. My average earnings are 30s. a week. I have a family of seven children to support, and can hardly make both ends meet. Ordered to pay £1 a month, or fourteen days imprisonment. McGregor v. Alexander and Miller. — Claim, £14 18s. lOd. Mr. Barleyman for plaintiff. No appearance of defendants. Judgment by default, with costs 205., and solicitors' fee, £1 Is. Sisley v. Newsham. — Claim, £1 ss. Case struck out. Bailey v. Heury. — Claim, £2 15s. No appearance of defendant. Judgment for amount, and costs 7s. G. Moir v. Hoy. — Demand for rent, £5. Claim admitted. Judgment for plaintiff, with costs. Treweek v. Wiley.— Claim, £6 10s. No appearance of plaintiff. Cost of attendance of defendant, £2, allowed, for coming from Opunake aud expenses.

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