UNKNOWN

Inangahua Times, Volume IV, Issue 22, 30 May 1877, Page 2

UNKNOWN

Ho*.;)*.", iv, 28, ia:v« T. o . " Iv'njf wn3 oharsod h;<o •» l T ie ia-ro.iuM.loa of So/geaut Nev-i'le with ass:ni.U'a^ nml boaLinsoue Maud M'Na.nava by si -.•iking liev with liis fist, kicking and otuevwis© illtroalins her, with 'aleut to do bodily harm. Th© accused was defended by Mr Siaite, who ple?Jed "Not G'lilty." r ';cr%e& it Neville condrteled the pros©* ciiti..»» and opcuod lift case by sLati.i;^ tluit lliere were tw> informatioivi ng.i'ast I; c fl«-cu.-ed, Tor .?imt*:ii' offences coaim.ittctl o,i diUb-reut ible*. One assiulfc baring l)cou coniaillted ou the 19*t.U oi May nud tUo oLbei* oil the 23tli of the sumie month. He said that Uio infarmatious had been laid under tbe 40& sectio, i of 4 'Tho Ma'iolaus Injures Against Hi.' Person Act.'* TLe Jiicli, he said, wcro rcvy sim^l© thon^U invclvl ig s<xne rather nnpleagant delailn. TU© parties had boon move or ]&>$ i ii unate fox* a cons'ulei'abb time pa at, and the woman had determined to put au end to the intimacy, but the accused persi*!e.t m visiting her, and it was on the occasion oC these visits that the offonces alleged were committed. Tho first witness called was Maud M'iSntnava, who, iiowercr, failed to ousvrer to her name, ' Sorgea»it Neville slated to t'.ie Ecnea thai; be Lad that mornijg serroJ a sulv poena on tho witness, anJ lie therefore asked the Coni't fov a wjuraat far liov nppre'acnaion, Mr Slaite held it to be quilo competent for the prosccutrix lo abyeut herself if sbe was not ilo-lrous of procee.lij.^ witli the charge and her non-aite-a-laneo was to be takoa ns aa in licatioa o" her Co* lire to abandoa tUe charge.

Serjeant Neville said tliab it was the police aud not the woman who were prosecuting* His Worship said that nil the Court had to deal with for the time being was Ihe question of contempt. It was not for the Court at the present juucture to say whether the charge might be withdrawn. Witnesses who had been subp»uaed wero bound to attend. After some farther argument his Worshis ordered the wnrra.it to issue, but at ihafc moment the wituess prrired in Comb and the case was proceeded with. Maud M'^antfra— l reside iv Peefton nml kuow Thomas King, the defendant. I s:ur him on Salur.lpy, the 18lh instant, at about noon, lie came to my place on that day. Tiiere was an altercation between us, but »s to what was said I canoUay. I camot say more than thai. ; to did push me about. It was evident from the manner In wliioh the witness was giving ber cvi« denco that she was anxious to conceal Uio facts and screen the accused, Mr Staite wished the permission of the Bench to B sic the witaess whether she wns desirous of withdrawing the charge. Tlu submitied that by taking such a course sho would still be able to obtain a re ledy on the civil side of the Cuurt. and ho further urged in support of the application that if ibo case wns determined iv its present farm, oven though tlie Court might fine Ibe defendant £20, no pori ion of ihe fine would j»o to the pvosecutnx. He cited authorities to show that , where assaults were not of a publicoharaotcr* the Court lnnl a discretionary power of periflittias tle"r tcHhilv.iwal, with the consent of (he pei^ou agrieyed, and he atrooiiy recommended this coarse •n tlio presc.it c?se. M's Worsliip said that «tie would bare t'jo civil l-A.wdy opea to lie? io n'ty cas*. Ftoin what he had learufc of the cahe by tb« itvfonaatiou before him aud from the V united evidence adduced, fo» <lkl not think tlt-tn in the ititerctfc of pubic mo-a's he would l?o justified m exorcisiDjf \]\e discretions :y y>ower reVavd to with' out liavi 'g fl-st KwirJ a *)••.• .ilc-i of Ihc evidence. Jfc nrjif » os'bly be that no assault wliatevoi 1 li;' 1 In'on fcmja'i.'ed. Exaniina fai coafi v.'d— • He t\"icl to pveveut me from con; oun'de my house. I w' ; l till Uie i tKh rid (i 'm!t an"«l rosiI'lrclj say that be did as -au't ni3 o i Itie I could not (vulhfu ! ly say w»iat too'c ]>!ace o.i iiie oecasio ». i'e shoved me avl piu'/ed we, I fell down Ihron.vi U'.va, hub ito d J not J nook uiodorei. I liuve Lot :oM e re ry thinj tli;;i h:'"»pe:jea as I can't jeco^ccS. I aduiii lliat I was K ievoHs'y o3V.i(!c\l md cssaul.ed. He puslc.l me ouis'ile. T ■ w:i3 uot insensible-, tut r,col!ccS all that t.M'.spi.-od. IU w's!ve.l mo not to £0 oa!s!Ue, aul I noulil, n A !>e foil owed an. V'\r i'.e C'ou: — Tfo d'd !iui :no, t>.;t ':e i«l ji;o no gi'iei'ous inJ'ly ba.ui. Ife ltd i n\i) oa t':e f-'tn* n jd Load, bat lij Ji I }D 0:i > ".'■ i n oi»s b > v ly I»i <n. Hi 3 Wok .i;>— ".V!ic.-j iTM you ,>ick u.^ -o ex^.cssx i •' .; oyioni lod"'y Isa.'ai ?" ■\VitiK-iS— I till lot jrc'i it up oi p!?.. T nmteU'iv* Uio iiaUi. I v,-!H tell yoar W"-' .ship iue l/ufcu. CVo.^s-iVn.ivnel l>y I»I • Sla'.te— lt is not !>iy uLs'j o p:**33 t'''"> e\.i '^c. It is my v'j ;:ot io i>.cis ; t. I wns oa fri •»<]{/ ■>v its wi- i tlefendttiil at t'.ie luno of ihe :i -.< ,it. I wished t«> CO n t o." do Louse, n■ I he di.l not w'stcT me. ITe ueter sliUck m? wil iMs c(«jc'i-»d fi.-»f. JCo Ci push m*. 'I CTA uofc catch Jokl o" hi.n. He hu.t ny, but T <V»'t ihiulc Le d.d aio r?ir ;;iei^us tic<li!y 'nr ■".. ]^!« Wois'iij— ii" i-.' bru : s*-d yr>ur bo yp<idA(o?,ls noi. th.it gr'evious bo^i'y ha -in? \Vili-ess«~WiMi all due tl jferei.ee to your Wo.s'jip, I will tell the truih. Jle did not st ike me with Irs clenched fist. He bruised my face by holding me by tlio face. He did not strike me on the face ; L-o heUl me by tho face with his hands. He did not hold me by the face t OU I lIC l&t/Jt it this stnjje of the case it was ay» ! ranged that both informations should be heard together* I ExJiuinalioa conti'tued— ffe used m* very uncouthly, but did me no serious j LjAivy. (>u the l&U he did not injure mo oi* do any injury to myself or appeal* a'ico ns lie has done since. I recollect Sunday morai I*^1 *^ between 12 and 1 o'clock. I was in my place, and King cume there, I cou'd not tell all that took place, but he aiiuoyeil me. The'loo* \sm uot open when King came, and ho Lnoelred, aud I did not open t'lo door. ll© came m. I did not unlock or opeu the door. He did not unlock oi« open the door. He came in through the door. ! f c fcya he did not burst the door in, H'« Worship— You must understand that I cannot allow yoa to trifle with the evidence as you are doiug. \Viiuesß--f. have nhoady said, your Worship, I do not wish to press the cliar n e. I dou'fc wani to tiifle with the evidence. Serjeant <Did you hear any Wows at the door ? Mr Stnito objoetorl to the question as ft leaJiog oue. His WoiaYip— Wo masi elicit the taiuli, Mr Siaitc. You must see what difficulty i 3 experienced iv elicii'ng her cvicleuoo, ISxaminalion ooatiiiu?d— 'The Aoos was burst o ( »CQ, I we.it out of the houso and Kmg ca ne a little way after mo. He came near enough to me to ask for tUe

key. I had thrown the k«y away. I don't recollect all that he did or said to me, or what I said to Lim. Ec went outside and stopped there some time. I laid on the sofa. He was lying on the bed when I went ia. II came to me as I was lyfcg on the safa. I asked him not lo spill the csrndle grease on the floor. He dwzsfed me off tlie safii on to tie floor. He took me by the should© .-. Ho lifted me off the sofa ou to the floor. It was while I was on the floor 'that he illtreated me. He hurt mo but be did uofc do me any grievous bodily harm. He kioked me. Tie held me by the face, nose, and tbvoat, bat I do not recollect Jus slrik-'ujs me Wlta ait sSrS< T * e me by the ears. Wheu X got outside I cried out. I called "Billy Pratls," an immediate neighbor. This was before tlte assault, but Kin* bad hurt me. Ik was not illusage, he only twisted xny wiisl. "Hilly" came to the fence and asked me what was u;v autl I said " Nothing Billy." He then w* nt iuskle ] and so did I. While King Ikhl me on tlie floor I begged him not to illfcroat me. I dou'fc recollect ca'liag bis atioalion to the caso of Yanghau. I did renmid him that Vaughan got two yean. The blood sfciiiis on the dress produced are from a cut in my mouth. I cb not feel very much pain about the body » I caimofc walk comfortably. H did »ot strike me. , Tlie blood was not caused by a blow. There was some brandy in the house. I did uofc drink any of it. What remained in the bottle was upset by the baby. Kiug did spill some brandy ©a my i woun.ls. He w»s excite*!. He &pilled some b ,audy over my face. He said he wos sorry, mid tint I had better go lo bod. I 8;t ; d that I wouklhave been in be>l befo'-e if be had let me a'ono, aad he ,:isa : sle nvoort totUobeJ. I wus dressed ! at H© t'-00, »'"1 wore tlie garment produced, a u d also Lad a shawl on when he i care. After assisting me to bed he w«nt away. 1 sa^ Kirn a.;ai» last n : ght. Ci-oss-cxamine.! — Tho assault look pace at mid-night <>n Saturday ksi. Ifaro not beaa bid vu t >. I cannot say niiat iiuUced (he assault—^Uero was no t' ; »pu(.e. Tbere was an understanding perfect aau iia.ri-.eit between v*. I canuot say wluu caused Ims loss o" Jempei 1 . Tlie uaJersLnndlng belwoea n% was 'bat lie was not lo ci> enu'l rmoy o? interfere w: b iw. I L"Te vr'sjeJ tI«U tbe^e gUijuUl bo <:n ouderatandiii., beiween us. I wish *U«> Ci-uvt io Know i'jat without fear oro^mesfcl lar.y h»ve'^tveu i»in» rcaiou to rs.;auU sa^— 4!rt ia la tke t.nllu His WordL?p^^at ym> .»t» t #> toiliei' } you nre sw >iv to lc!l ilse trut!:, il>e whole l.utli. You mu-t keo^ uo.luj^ b.ict. Witaou— l uo n/>t sMi li*o Court to deal hard wiA K ; .i..,^cause n;ol>ably I bad givea him j>ror..caUon. bat I went to make Win un;le -Ahi-I tlwb lie atan% cor.ie and bre k : my doo»* ia an*! Plire.U vi . I di«i not g, ye lii n ony voason fur «ssa»iH!a3 m<?» bat he usay have I.,i«:>iftj<l /..it I did. I only want p oieciio!i against Ims il!.'B:'^e— jvoicc ;o:i is all I wjitf. IHh l«m;ie.-oft!y K-tieOfojra few moments, n 'd !:e tUen cal.n?l dow^, nnJ tUe i he .!■«! Wit) b»me s.cjain. Afic? I weftt iosi o anJ weai to s'c&^.l c i:it».ro;"c^ a^ahi. I •,oi; soaio ro^aSc-ccs, but I w.?s ou/a UCt T e 'l.nr-— I k'.vo «<>£ sotleitd tw ilerons b^!i:,y lr m. T..e blood oi V- c dross came fi-om my clicek. I ilul not . ©sisfc ii ». * o Lie ctl me wl/'e 0..1 the Hooilkaowtbitt I CJ<Ui*t say How «>Tieu I fo'fe - ! a» tick m+. Tliere was no cmd'a in le loose, so I couM i.'Ob s«a -wLeiror 'c si'vefe re^w'tb, Uis Us/-. ITe 'wee-* 1 Jo mo iaboveiy Anolr, bnt I mn'i say w' ft'o- lie wns or was not ilvuak. Tie was jooi-e excited, moi-c pask'o:taie in every sense, than I hare ere* seen liim before. I So nofc nisli to pvess tlie charge. I only wish not to Ue iaierfered with. If the Conrt limits it I will withdraw the charge. His Worship— Wnen you say Ho may Lave had reasens fw assaullius you, what do you wish the Couvfc to infer ? Wituess— l maiutain that I lerer gnve him reason for tUe illtreatment. Jle ha«l nothing to bo grieved against ma. He may imagine so. At one time I considered myself his wife, and him my husband, bat wish to discontinue ii. He does no., wish to continue it, but he wants (0 >jaterefeie iv matters he has no vi^lit to interfere with. William Pralis— l know both Maud iT'Nam.^r.i and King. Oa tliemoroinft of tlio 27tb, after m'dni^iit, I was in bed, and heard my name called out. It was eoul and I did uos get up at once, but leaving it repeated, I lumped up ran out. I recognised M'Famira by the voice. She was standing nenr Mirfia's fence. She called oat "Billy* three or four times. I also saw defeudant there. I asked her what was the matter, aud sho asked me to go over. Kin? seemed to be moviug about the ground on his hanJs and feet, and I oould not make 04b what he was doing, but I recognised him. She said " lie's gone now so I wilPgo inside," aud I then led her and went back to my own place. Thomas Rudeness — I reside in Mar. ay Creek. I have seen Maud M'Xnmara a few trues, aud know King. I was in M'Nainara'a house on Sunday morning last, and was aware that an iufoimition for assault had been hid. When I went there thd door was open. Saw Wood on. a dress, and she said that King bad been illtreating her. I saw blood on her lace, ,

Cross examined "—To the best of my belief, the drest produced, is the one I saw on M«Namar*. She said thai JKing_ had assaulted her, and that whenever the moved it pained her. Sergeant Neville— l am officer in charge of police at Ecefton. Yesterday evening at twenty minutes past 8 O'clock, I was at home, when a person came and said that Maud M«:>amara wanted to see me. I went to her place, when site said that she hat been assaulted in a brutal masher by King. Tie dress she cure me is the oae now produced iv Court. I subsequently arrested King. • She told me that froa thae to time during the last swmonllis, King bad bcea continually aanoyiag her. Cross-exaimed— lt was at the request of M'2faraara thai the informations were lodged. She infonn&l me that the axsaults had been committed. She saM the would be only too wlHihjj and happy to lay tlio informrtioßS, owiug to (Tie brutal manner in wliicU Ki.ig, had used her* I told her I would lay the informations, and she said that if she was uuable to walk up to the Court House to give her evidence, she could be fouud at the boose. From facts which sut>sequently came to my knowledge, I was lei to believe thai she would be a relootant witness. She has not stated all that she told me. This closed tlio case, and Mr S(aite addressed the Court for the defe cc. He admitted that t' • assaults had beea toon* milted, but contended that the case was* peculiar one, and that the Court would bo exercising a wise discretion in relegating it for settlement to the parlies themselves, lie cited authority >v support, and alter further argument, his Wo»hij> said hewould adjourn the Court for oae kour to give the parties aa opporttuity of compromising. The Court adjom-iKtt accordingly.

1 jxm tbe Cowt xtsumi t», Jfr SUU* said th«it the ea<e l.:nl iteen «ttle»l pri< rately. Tie tlefeuJaut a;«i-eein» to pay £5 couipeusation to the pro3ecutri^ fw the iujtry done her. His Worship ih n ordered jblWtdiQ* to eutev iuto his owu recoftttiaaoees in tbe suut of £50, (a keep the perce towaitls prosecutrix fov « term of six months. The defendant haring been severely leclurecl by (he r?nch tvts d'moliaTsed, bis Wor-» shi.» expresaiiig n hope that the nuvow escape wliioh accused bad had «foald be a lesson to him in fufcui-e. The Court then a.ljoitraed.

CAMPBELL V. IWWtUf. His Worship deKrered the following written judgment :— In this matter, after ■• careful refiew of all the evidence tcnde.-td, I Imt* come ta too conetorion tTist the complaint nude it wnmnkd by lite fiioU disclosatl. Ik km • bee» wvgwl on behalf of l! c resident that tl.e " mkcomliet M of tbe ViXsb "*«©• lion of "Thdtteanieitt Ha~is4ntes Act, ' ICG7 " mutt tw cjusJem gentri* with Hie ' words or the coyest, which wfer solely to extortion o: 1 ot!i»r irregnlantj ra «c* > counts, bull was «ofc able to adopt tkia • uari'otr cousUue^ion of ilie sectioa* vrhieli •eouis tome fmiue<l purposely compre-* liocbire cuoogb to casare that sJlirba bold office iv tbi's o- auy Cburt of Joslic* ' g'.all discbHrge Heir duties as coufteMsly : attd tenderly as Kes in their power. Hut ' tbe Iwiliff of this Court was gaiUf of 1 I'Utleness anil irapi-op.iety of Speech totrunls tl^e cou>->!ftma&t is ridiviMy «d« ' witted, mi allho^'i Vo» BMseoooepUon under which Mr Cvupbell scetwi to htT» 1 khorv4 Uifoosh* »it as to t!i© pririle^et in saob a ease ol a judgment creditor % « ■ higUk estemuUing drenm»tane» whea ire ' come to weigh the bailiiTs vrords, nefWM thelesa it must uot I>e for a maoeat mp« loosed th.it aay uustakea ootk>m on the ; part of a suitor can warrant abuse and high n\>rds frc in any one entrusted with a pivcess, uiucU less a peace officer. | cannot feel surprised at the mistake made by the com^ainjut, as th© bAtiiflf* action, in the first instance iimtfrt to it, add if he had wished to assu h*'lhs proper positiou as sole guardiau of all efi^cta seispd under the warrant, it was surely competeali for him to offer such an ex. It nation thai would hare led to * peaceful understand,* his. I am <;lad to be able to state that the*© is not a shadow of suspicion cast upon the bailiff** integrity, and the wtaminstiafr which has beei made will so fmr b« tatia* • factory to him. I cannot, howerer, past dter his impropriety of speech towaidi complainftnt, and he must therefore pay the sum of £1 as a Sac, aadtho coj&t of this enquiry (if required.)