MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume XLVIII, Issue 8041, 20 July 1904, Page 4

MAGISTRATE'S COURT.

TUESDAY, JULY 19.

(Before A. Turnbull, Esq., S.M.) JUDGMENT BY DEFAULT. A. H. Foy (Mr Foy) v. J. Edwards, claim £3 12s 6d, costs 18s. A. Paterson (Mr Atkinson) v. C. Bussell, claim £3 4s 6d, costs 11s. JUDGMENT SUMMONSES. J., T., and G. W. Geary v. A. Wills, claim £3 17s. No appearance of the defendant. Amount to be paid forthwith, y in default seven days' imprisonment; warrant to be suspended if 17s be paid on August 1 and balance by monthly instalments of 20s. Thomas McCarthy v. James King, claim £3 3s Bd. £2 had been paid. Balance to be paid forthwitn, in default seven days' imprisonment; warrant of committal to be suspended for one month. POLICE CASE. . D. Wills and A. E. Hayward were charged, on the information of Constable Davids, with having assaulted one another in the Normanby Hotel on the evening of July 8. I Mr Welsh -appeared for Hayward ; Wills was undefended. Sergeant Bernard appeared for the prosecution, .and called M. . Poynton, who, being sworn, said that he went into the Normanby Hotel on the evening of July .Bth with Wills. After having a drink he asked Hayward, who was also in the bar, to go outside with him. Wills subsequently went out, and asked Hayward a question. Hayward threatened to send for the police, ana then called Wills a liar and pushed him. Wills , then hit Hayward, ana a, struggle followed. Both were perfectly sober. By Mr Welsh : Hayward had a grievance against witness, and he called the former out and told him he conld settle , it in any way he pleased. Hayward refused to go right outside with him. Wills then went out, and asked Hayward what rumors he had been spreading against him. Witness was Certain that Wills was pushed before he struck the blow. By the Sergeant : When Hayward said he would send for the police Wills had -done nothing to warrant him taking such a course.

Thomas Rowan, licensee of the Normanby Hotel, gave evidence that the men were perfectly sober, and that he separated them without much difficulty. A. Alexander and W. Noonan also gavo evidence.

D. Wills, one of the defendants, corroborated what Poynton had said. He supposed Hayward pushed him because he (witness) was within half reach of him. Witness had never threatened Hayward before, and had no grievance against him. Mr Walsh: Then why did you asK him if he spread reports about you? — Because I wanted to find out who was my bad friend.

And what would you have done had you found out? — I should have avoided him.

I suppose that you wouldn't have got within half reach of him? — The Court smiled ; witness did not reply. A. E. Hayward, the other defendant, gave similar. evidence to a certain point. When they got outside Wills asked witness the question referred to, and witness told him to go away. Wills continued to menace him, and he threatened to bend for the police. Wills then hit him. Witness denied that he pushed Wills or that he called him a liar.

W. Bedding corroborated the last wit ness' evidence. His Worship dismissed the' case againsl Hayward, and fined Wills £1 and costs.