RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume II, Issue 61, 19 May 1877, Page 3

RESIDENT MAGISTRATE'S COURT.

PALMERSTON. Thursday, 17th. May, 1877. (Before E. Ward, Esq., R.M., J. T. Dalfjmlple, and V. Monracl, Esqs., J.lVs.) ASSAULT. Mr McLean for plafntiff and Mr Warburton for defendant. This was a case m which the plaintiff, Charles Hall, sued the defendant, George Hartly, for having on the night of Sunday, the 25 ih March last, committed an assault upon his daughter, Mary Hall, aged 15 years. The evidence of the plaintiff went to show that his daughter had come* home on. the .night m question m an excited state of mfrid,' with her dress torn aiid her hat crttshed,- and had made a slatementto her father 1 which resulted m the present suit.' The 1 girl'f? 5 ef id-one'e' gho#ed' fUraii she

had been followed by defendant whilst out walking m company with two little boys. That defendant had taken hold of her arm, and tried to kiss her, and othenvisehad forced his attentions upon her m a very rude and unwarrantable manner. The two liUlc; buys who wore m company with the gill at the time of the alleged assault, having been questioned as to their knowledge of the nature arid responsibility of an oath, were al<o examined, and their statements for the most part corroborated the girl's evidence. The evidence of the defendant and two other Avitness.es for the defence, although not agreeing m some points went to show that no real assault had been committed, one of the witnesses actually stating that he would not object to his own sister receiving similar treatment. That the girl had offered some encouragement to defendant by inviting him to accompany her, and had on his first accosting her made use of a coarse expression. The learned counsel on both sides summed up. Mr Warburton tried to shake the evidence for the prosecution by pointing out certain defects, and quoted authorities to show that the evidence given by female witnesses was generally exaggerated, and should consequently be received with reservation. Mr McLean said he had no wish to injure the young man's character. Defendant appeared to be labouring under an impression which seemed very general amongst young fellows of a certain class that all young women were fair game, and he wanted to show him that even though the young girl was all they might have thought her, the law would protect her from assault. He would only ask the Court to adjudge the offence as a common assault and at the same time signify its disapproval of such conduct as the defendant had been guilty of. His Worship said that the information laid was for a common assault, and the Court found the defendant guilty. It was monstrous to think that a young girl could not walk along the streets after dark without being assaulted. The Court would inflict a penalty of £5, which together with solicitor's fee and costs of Court would amount to £7 12s 6d, or m default one month's imprisonment. The fine was paid into Court. M. . Boesen v. T. Nelson. — Assault. Withdrawn. debt CASes. H. Phillips v. Robert Stanley. — Claim, dishonored promissory note and interest. The plaintiff allowed a set off of £5 Is., being amount paid on account by defendant, and the Court struck out claim for interest giving judgment for plaintiff for £58 12s Bd, and' costs 50s. The. defendant stated he had filed his schedule. B. Pepper v. W. Reeves. — Claim, £1 11s. This was an adjourned case for the purpose of taking into consideration a claim made by the Trustee of the bankrupt estate of plaintiff to have the judgment impounded. The Resident Magistrate stated that the plaintiff being an uncertificated bankrupt could not sue, consequently a nonsuit would be entered against the plaintiff with costs 9s. T. Nelson v. A. Clowson. — An application was made by Mr McLean for defendant for a rehearing of this case. The Court having heard the points at issue granted it for next sitting day. Same v. W. Norman.— Claim, £17 13s sd. The defendant disputed an item of £8 charged by plaintiff as cash lent, stating that this amount represented the value of a chance m a raffle for a horse. It appearing that wituesses could be produced on both sides, the Court decided to adjourn the case to enable the matter to be fully investigated. Hoani Meihana and others v. W. H. Flyger.— Claim £20 17s 7d. No appearance of defendant. Judgment for plaintiff witli costs £1 ss. Charles Berg v. Robert Marshall. — Claim £6 17s. Judgment summons ; ordered to be paid forthwith, with costs 14s, or m default one month's imprisonment with hard labor. A protection order was granted to Isabella Magennes, m consequence of her husband, John Smith Magennes, having deserted her, and ceased to provide maintenance.