Magistrate's Court, Queenstown.

Lake Wakatip Mail, Issue 1582, 25 March 1887, Page 5

Magistrate's Court, Queenstown.

Mondat, 14th March, 18S7.

(More J. S. Hickson, Esq., R.M.)

ASSACLT. P«Tes t. Kirk—William K'rk appeared on remand, chargwd wi»h having on the 19th Fehmry l*«t. at Maori Point, ntdawfn'lv assaulted one ) J. hn Kliiott Beattie, who 'Do asked that accused W bound over to keep the pe»ce. Mr Tnrton | ppreared for the prosecution. Mr P. Finn (with him Mr Smith), for defendant. J. K. Beattie, shepherd, deposed tliat on the ; 19th February last, whilst at Mrs Lynch'*, Maori ' Poiot Hotel, playing c rls with one Sinclair a ! carpenter, the defendant and one George Smith came in at about 9 o'clock in the evening. They ', «.-ked where the girl was (meaning Mis* Smith, the tarmsid.) Mrs Lynch said she was in bed, bnt she ' got np. ii defendant said she most get up. After a ' while Sinclair and defendant wrestled, when the former said he had hnrt his ankle, and would not wrestl* any more. But defendant insisted, and witness checked him when defendant rushed at witness .-.ml both went to the ground, defendant sayi»g he would "dish" witn r ss np. He got witness' thnmh in hi* mooth and began chewing it. After getting np witness went to his bedrooom, when defendant came in and again rushed witness, savin? he would do for him. Defendant had a knife in his hand and markrd witness on the ear. They used to he the best of friends. Cross-examined—l am not afraid of my life. I know Miss Smith; am not paying a particular : attention to her. Believe defendant did keep company with Miss Smith during the two years I have known her. I have not Wen keeping company with Miss Smith; will not sav I don't wish to cet married to Mis 3 Smith, and want t» get rid of defendant as a dangerous rival. Defendant first assaulted me. I cannot say how many drinks we had that night. Maria Madeline Lynch, accommodation-house keeper. Maori Point remembered the occasion of the row between Beattie and Kirk—it was thronch , the former interfering with Kirk, and asking him to leave alone, Sinclair, a man who hail his leg broken. Did not see pll the row, as she was in her brdr"»om rart of the time getting chaiurc; bat she Kit the whole lot down to t'..< g--r! who encouraged >th of th» m en. It was a p : ece of j-alousy. Cro*s-examiued—l consider the row was all about the girl. Constance Mand Smith, who was living st the Maori Point Hotel on the 19th February, deposed to having seen the fight between Beat'ie mid Kiik, which ans? —when defendant and Sinclair were wrestling—to Beattie saying ti defendant " L>-ave hi.n alone. h>s lej»h broken. Defendant msdesmne reply ami bit IVaUie on tnc cheat: boih thi m fell down together in a rough and tumble on the fl-sir, and def-n lant bit Beafie's thumb. Beatti- called faiin a dog. as he ■■• as chewing his thumb. Witness : si«r th • thumb : there was no nail on it. Cro*s-exandiied—l have kn<>wn defendant for ! ye:r<: be was not always a <;uiet man. Beattie | was a oniet man cenerabv. Defendant stru-k first with h ; s rijjlit hand. 'lliev were jos'ling t>g<t'nr on the fi or fcr .about ten minutes. Do not say that I pn fer B< itrie to defendant. For the defence.

\V. Kirk deiwsed tint on t'-e evening of IPtli Felnu»»r he went t-» Maori P.ent Hotel in i-om|>ai.y wth <te»r:c Smith, Iro'lier to pre»inm wirness. He irive somrwh.t similar evidence V> above, cn-ept tint he *ud Sincliir chalb-nired him to wre«tie:

ttiat li-a"i>' •••«ii«t.«l witness of breaking Sinclair'* leg: t'i»t »*i ; l- having a rotitrh and InmMeon th* fl»>r. li-if'i- tut In* rt:it(r in witness' m nitli and imd tn teir I. s . hei-k : » hen «itm as gut hold of hi* hand i- .1 Itt his thumb nail off tn k»e;i him «mi?t. lid not strike him ia Ihe bcdrooni sftcr-wir-l«.

(>.M4-•«vniiie.l I recoil et jl-adin.' g"»l»y to the t.r - *»nt •■'nr.'e of a»*in!t l*f«r« Mr \V..rrei, J P.. at lb* first siUin?—tint i«. of s mi.lv *rrii:ir.._' R %'ti ■. I' it *Va-tir'» titu nb in sil''- lefc.;.-e. : I •li I no' mike a drive at h m in he!. lam a little jeil -0* of '' »»lie. G»-»r.-e Smith, l«mther t» M:»s S;nith, who was pre»e it at Ihr fime of tlt*» row, de|>o*ed that IV-a-tf. i'i w "»fi i., kimeked Knk against the liar c ui f e\ »'el »'»in iush-d a>»l ran -lit hold of him : be»U>tii<!< to lnt him <n the floor, and put his thumb in d f-ii-Unt'a mouth to te»r his jaw open. BeaMi- cinrT'i'i-etl t!c roir. Kirk had not hi* knife littt b ; h*. ts witness h«d it. Croavesainimsl—l ili.l not see Kirk make a «lrive at Bealtie; •>•« 17 yean of aye, ami have l»:cn aco,n lint • I «■ i ii Kitk f >r six y:\rs; Kirk has never U"l anvthin-.; tt> w» ahont this ease.

Hi* Worship—There is in necessity for wasting tt, >re time. I am of opinion an as*ault has been mfmntted. but it is not so serious as represented. D fen lint is fined £l, with costs £o 18.*, or, in default, 14 dav>' imprisonment in Arrow town caul. I do not think the ca*e is sufficiently seiious to reqnir>: sureti* of the peace. Police v. Kirk.—A charge of having at Ar'hur's Point, on th* 2H:h Fehrnarv. hri.k-n a window, the proptrty of J. Smth. Withdrawn by consent. Same v. S ime. —An information, in whii-h aetrnsed wis char.cl with bavin?, on the 2Sth Febrnary, at Arthur s Point, presenfe<l a «:un at one J. Smith and threatened to blow his brains out, ar.d adting that he be b-nnd over to k»rp the peace. Mr Turton for the prosecution. Mr Finn for defendant. J. Smith, settler, residing at Arthur'* Point, depo«e Ito defendant kiuw-kitii; at the i>; k •'<> -r of Ins hon«e at aliout 10 on t'.ie night of the 2S?h Febrnary; asw him just afr«r take his horse to a waterhole. Shortlv after wi'n»Vs ?nd his wife heard »■•..■• ■■!•• nn-'.T the verandah, and th- latt»r in I>»kii.g out said it w is de'en-lan*. who had sinie thing tn l.i* baml, and she cautioned witness too

lc»k ont Witi.-ss then went on: toamds the s' i '. ■ »irh < • A" .!'•■ in one hind and a piece of iron Inr in t'i»» ot't-r. WVneas followed defendant up, and uh-Mi alio it two vard* oil the lattr Bald "Stand f-IT; I mean mi«chi.f. 11! L'ive \<.n two nv.iv-ti"> to liiing vnr daughter on*, r-r 111 blow your brains D-iom-lan* had a eon in In* Imml an! said, '* In S»e mi nite* aft»r y m hring h»r »nt •h»-''l fr hi'.V notary * Witness went itmi 'e then on-'. Ijcktd tiie do< r, bat did not bring his daughter ont.

(At th"s starrc another in f «nmtion. charging «!• fendant wi'h r*»ing .irm»d with a gun triih f< I ■•."■';- intent, wai h ar.l, l.y consent, in conjunction with, tiie preset t cn-e.) Examination «-*Hitii.U*"d—After locking ?he door *..ni-l-«'';.• . •"!.- t» the hrk window, but "id not know wli«> it We*. Could only sceoo it for the .1 8to'bui.f t""r''Ug!i coming—grat'ly sgaiust witness' wil— af'er iii-» ilanthtrr. Urfendant »as a very ♦aeita'l- in.-'n. and when in a tenner would do anytime Witn ai bail l*en livn.' in thedi»t>ict a'x.ut "23 year*, and wirneil de r endant on the Si'nrUy pre»i"n« wrt to nimr near bis |d-re.

Cri > examiu-d—l r.m afraid for the wh*d* of my Cam Iv 'ri m •'ef-n bin'. The cu-e of this <oni|4ai>it is iv t that .i.viis-nI Ins l»tt his characU*r sin e he as'<ed a't» r m-' :l uighti r. A'an-la s-» t"i. wit*- of previous witness, ot"Va«nVil c d '•-uivm. tV. Ki'k. in d f-i«r». d-ni<d having' a v i'. '!■•*■ i:i ••o-»i|i;.»iii.i>r"« h 'iistr or baviiit' * j:u i on th- bL'kt «f tV 2'«' i F.liiaary. Went ti Sooth's b"-.!-e to see \li»* Sm th to L r<> t -om'' money that ah- took iutof bs n vlcet. On 1 -aving the hou-"-, after kno'-kin-. be ii k»-d np a pi-«e of hat ton on a.-.-o mt of the d i.-. tlel been wo-kim; for com-

for live or tix yean farming and with har-ies

J. Johnston, rrr> m at Richards' cnmp. was 0:1 th? in i|n«tiou. Never sa* defendant »i '1 i pin in hi* iiV. J. Snrth. re-e*suninel—Had hourfit a pan from «!■?:' <-:r tw.» or three years ag«; a:. I uevcr knew bill * > have a can *»«*• • then. Hi* Worship *ai'l—One of thrse cas-s is for ■ure'iee of the peace, and the othor f«r a breach of si'" se 'i »ii 7 of Section 2S of the Pi-lice Offeni-cs Act, J*Bt. I wonder if anybody, e\c.-pt peihip* the p lice anil |»ro.'e»*iona! men. know whxt are the penalties and punishment tint can he inflicted U'ider thit net. In the present case, for instance, if it were |rjved tint defendant had a gun with felonious intent, he would be liable to imprison-

ment with hard labor for one year, and to forfeit the gnn or other weapon in his possession. I would like the public to know—especially larrikins—the severe ]«naltiea that can he inflicted under the Police Offences Act. For the first offence defendant will have to enter into recognisances to keep the peace—himself in the sum of £25, nnd twu sureties of £23 each, with costs, or in default six months imprisonment. With regard to the second charge of being armed with a gnn, it is possible that Smith and his wife may have taken the hatton for gun, and I shall therefore dismiss that case. Police v. Thomas Le Beau, painter—An information with having, on Saturday, 6th March, contrary to section 16 of the Police Offence* Act, been engaged (tainting windows at tha corner of Rces and Beach streets. Defendant said his profession was not a painter's but that of a He was only retouching a place where the blinds had knocked against fresh print. The case was dismissed, as defendant was not a painter bv trade. Pdicc v. E. Monson.—An information for allow ing six pics to wander at large on the Fraukton road on the 22nd February last. Defendant said he was not aware that the pics were his. W. Tnrton deposed that on the date in question, on the Frar.kton rr>a<l. in the l-omugh of Queenstown, on the main road between his residence and paddock, one large and five small pigs were wandering at Luge. He put his dog no to them and they ran thruaph defendant's fence into slaughter-yard and joined the other pigs of defendant. He informed the police of this as well as of oth- r similar occasions because the were getting a nuisance, and had also done considerable damage to the new drainage of his property. His Worship said he supposed defendant, like a good many more, was not aware of the penalty he Mh liable to under the Police Offences Act. nam-dy. £lO. Besides, pig* wtre dangerous on the public road at any time. Fined 2s 6d. with costs. ~s. There were two other informations against defendant of a similar character—one for permitting 20 pigs at large on the 20th February, and another hr allowing eight pigs at large on '27 th February. Defendant said he would plead guilty to some time. lie was fined 2s Cd in each case, with costs 7s. CIVIL CASES. T. S. Smith v. J. B. Neale.—An adjourned case, further adjourned till next sitting. F. 11. Daniel v. A. M'Kinnon.—Withdrawn. Weukheim v. Frederick-ten - Summons not served: adj..nrned till next month's sitting. \V. Titrton v. J. Smith.—Claim for £4 4s. professional service. Defendant pleaded indebted and off. red to pay £1 per week. Order made accordingly by consent. Same v. M'Lelland.—Judgment summon*. Defendant offered to pay £1 on iOth ina..int and 10* per mouth afterward*. Judgment awordini.lv bv consent—in default ot failure, 14 days' imprisonment ia Arrow town gaeL