FOXTON,

Manawatu Times, Volume II, Issue 49, 7 April 1877, Page 2

FOXTON,

Wednesday, 4th Apeil. (Before Eobert Wdrd, Est^., KM. , - y E. S. Tliynne, Esq.j J:P.;andDr. Eockstro, J.P.)

- ASSAULT. . James Francis v. Nicholas. ; ■»• An information' was laid bytlie plaintiff against the defendant for having struck him with- his clenched fist on the 12th day of March last. Defendant pleaded not guilty. : ..U. Mr McLean appeared "for the plaintiff. ,:;.•■;-:• •'. ■- „ Jame_s Francis, sworn, said : I was for some time one of the crew of the pilot boat on the Manawatu ; "was "taiceiTbn about ten days before Christmas ; re- i member the 12th March last, I was m Poxton the day before" with Mr'Seabury, the pilot, and* the defendant; we went home to the heads again ; we carried away one of the flooring boards of the boat ; the pilot said to me, as you are. a carpenter you had better fix it again. The next day, when I was at the bench, defendant, came, -to me and asked if I had seen the boss, meaning the" pilot ; I said! had. seen him on the big hill. ■ "We then went out sounding and returned. I then went to work at the. dingy ; .afterwards went to the pilot boat ; the pilot went to town. Whilst I ■ was mending the . boat I asked the' defendant what was the matter with the missis, meaning the pilot's wife. He said she had got a severe cold. When the pilot came home, he came running down to me, calling out iike a bull you b— — — y- Jim; When he came up he called me a b — — y b - r, and asked me why I had told defendant that he beat his wife. I had ■a\ pair of iron compasses m my hand, they were about six inches long, I said I didtell . defendant and could prove it ; defendant was coming towards us at the time. The pilot took up a piece of wapdabout as. thick as lny wrist, and abo/fcto^feet : long. ' He did not strike me, l^rethen between the two. Defendant made the remark, " What was that the pilot said? iYou said I beat my wife." .Defendant said "I know," and' he struck me on the , face with his 'clenched fist^l sw.ear.. positively that he struck me; on the eye. There was only one; blpw M struck. -The pilot then said "Throw the weapon away.'M said" Throwyourwobd away." I then .managed to get away. There was no "more hitting. The pilot called me, a* b — - — dog. I then took my" tools away. ' Cross-examined by the defendant : You struck me -because J called -you " good for nothing. Yes ;:I did call. you 4- — — '——.. I called "both you and fhe pilot —.When you; struck me -the pilot was close to us. : ..._.* Nicholas . Scshscsh, sworn. ; said :u I : am" the assistant, pilot on the Jifanawatu. ' I remember the 12th of March, last. After the pilot had come from town that . day, I was going down to the beach/ when I Heard a tremendous row. I listened to find out the.cause. I thought it was a lot of, -Maoris. I went to; see," and then saw the plaintiff and the pilot. Plaintiff had" a pair of" compasses, m his " hand gesticulating round the pilot. As! I appeared plaintiff rushed at me with the compasses '; I stepped on one side and strjiek him m. the face with, my 'fist anc^said "You silly fellow- what are you . doing, are you mad ? " He "then called' me a — several jtiines^" THe'then walked away.- As he went 'the pilotrwent ■" with, him to the bench" where the plain--tifE was at work.V After . thei: pilot left the plaintiff,- J went towards the-,bench, -plaintiff then took up axe to knock me down ; as he saw; I was not intimida|;ed he took "up an_adze, jthen jliTew: away, the adze and took up a mallet. ■ I then; folded Nny :arsis and sai^" if : .-.jcoii

hare the courage strike me, but he did ; onoti 'I?Baid to him^ifllie -was worth lany--tlmfgihatlwould ring his nose for ihim. The pilot then came down from his house, -arid told the plaintiff to leavje off his noise ; plaintiff was swearing all the' time. Cl-tKefi.left, and as I was going said I had a good mind to get a summons agains.him, meaning plaintiff.! Cross-examined by lilr McLean 1 ■ I _,^id not f hear ( the pilpt tell 'plaintiff to * clear oiitt Iw'astalKng English ; plaintiff was talking a sort of English, jbut when he gets excited you cannot well understand ? what he* says. I am an ItalianV"! "^o notknow wbat the plaintiff is ; the pilot ds a Swede ; I think all - 'dui'^hversati'on was m TEnglisb: Plaintiff did not strike, me,, but made an attempt tb^do so. ~T "heard the pilot tell him to put down the compasses ; the pilot I think did put down the wood after I had struck the plaintiff. Plain- - tiff lifted the" axe when I was about twenty,yards-away from him ; seeing I was iib'tfrighWriedTie took up the adze; a^nd then,tfie mallet; he dropped one at a* time, i had the most supreme cpntempt for him. :■ I went up to the bench first to see what . was the , matter with chiraS^ I- did not handle any of his tools. By the Court: I would not have struck the plaintiff if he had not rushed at me with the compasses. I consul* ered I was most" grossly insulted. Mr McLean addressed the Court for the plaintiff. --The Resident Magistrate said, the Cfirfjf'was "of opinion that the defendant had*fc»ken the law m his own hands, and that although he might have considered himself provoked; it was no excuse to •.^assault a man except m self defence. It behoved him (defendant) and all government officers to be most circumspect. The Court would only inflict a nominal fine of ten shillings, and costs o£ Court eleven shillings and sixpence ; plaintiff _ to pay his own costs. '_ James^ Franbis v. Andrew Seabury. This was an information for provoking language which was dismissed. - „;.... , civil cases. F. K. Crowther v. H. Brewer, Claim £19 14s. 2d. The defendant put m a set-off. The case. was adjourned until next court day for- the purpose of the plaintiff amending the bill of particulars. . : F. X.- Crowther v. TV. Byers, • Claim £4 10s 2d. The Constable stated that he was un- • able to find the defendant, as he had gone away somewhere m the Hawke's Bay Province. The Magistrate said, already a heavy expense had been incurred m trying to find the defendant. He thought it was the duty of all plaintiffs to find out where the defendants were residing. ■■- Beatty v. Cook, Claim £7 14. This case had been adjourned from a previous court day. ; The defendant disputed 18s lOd of the amoiinfc Mr Warburton, who appeared for •plaintiff, asked leave to amend the particulars by striking out that amount. Judgnient for" plaintiff for balance with costs 9s, and Solicitor's fee £1 Is, to be paid m one month. Johnson and Go. v. H. Brewer, -J: - -Claim £3 6s 76. The defendant admitted the claim. Judgment by consent with 6s costs. F. K. Growther v. Atkenson, Claim r — £17 15s 6d. The defendant had paid £3 into Court. Ordered to pay the balance at the rate of £3 a month, or m default two months' imprisonment.