RESIDENT MAGISTRATE'S COURT. Wednesday, December 2, 1857.

Nelson Examiner and New Zealand Chronicle, Volume XVI, Issue 72, 5 December 1857, Page 3

RESIDENT MAGISTRATE'S COURT. Wednesday, December 2, 1857.

[Before John Potnteb, Esq., Eesident Magistrate.]

James Charles Phillips v. Susannah Smith for £\ lls. The same v. James Bell, for 19s. 6d. ; Executors of the late Mr. Otterson v. Watts, for £4. There being no appearances in these several cases, they were dismissed. William Walker v. Thomas Gwillim.

In this case Mr, Kingdon appeared for defendant.

William "Walker, sworn, said : I agreed to Bell the defendant some wheat on the 28th of September last, at 6s. per bushel ; but when I delivered it at the mill, defendant said it was not equal to sample, and that he would not have it ; on this same day of his refusing to take it, I solcfit to Mr. Cummings for Bs. 6d. per bushel, and as soon as Gwillim heard this he stopped the wheat, and would neither let .me nor Cummings have it. In fact, he told Campbell that he would sue him if he let it go out of the mill.

Cross-examined: I said I would sell all I had to part with.

By the Court : I did not say I would sell the whole stack.

Cross-examination continued: I did not agree to sell 25 or 30 bushels ; I said I thought I might have 20 bushels, and the price was to be 6s. I delivered the wheat as soon as I got wind to clean it. Defendant did offer to refer the question to the decision of a merchant. Mr. A. Simpson, sworn, said: After the wheat was cleaned by machinery, Gwillim told me he would not take it, as there was not so much as he expected; the quantity to be delivered was not mentioned in my presence, but the price was to be 6s. Matthew Campbell, on affirmation, said : I 1 recollect 11 bushels of wheat being brought to l my mill for Gwillim ; it was dirty, but was subsequently cleaned. I think it was, when first deli-

vered, not worth 6s. per bushel; when the wheat was cleaned it was worth 6s. 9d. per bushel, and I told Gwillim he had better take it. I should think the sample of wheat now shown me, is now worth 7s. 9d. per bushel. The wheat in question is still in my mill in Gwillim's name.

The Magistrate said he thought, that as Gwillim had had the option of tendering money on account, or paying money into Court for the wheat, and had not done so, that Walker the plaintiff was entitled to Cs. 9d. per bushel for the wheat, and that Gwillim should pay the 3d. per bushel for cleaning, with costs.

John and William Ladd, were charged with assaulting Jane Frost.

Mr. Travers appeared for prosecutrix and Mr. Adams for defendants.

Mr. Travers said he thought he could show that the assault complained of, had been committed about a right of way, and that as his client was passing along the ground in dispute, she had been violently assaulted and seriously bruised by defendants.

Jane Frost, sworn, said : I left my house last Saturday, for Nelson, and returned soon after, crossing some ground which is in dispute between Ladd and my husband. While I was returning towards my house the defendant pushed me against the fence. I tried to force my way through, and then John Ladd knocked me down, and bruised my arm by dragging me from one side to another. I screamed for my husband, and he came up to protect me. I did not strike Ladd until he threw me down, and I used no violent language whatever. Mr. Travers here said he should drop the information against William Ladd. Prosecutrix cross-examined: There had been a dispute between us about the right of way ; Ladd knocked down our fence and put up another in its place, only taking one yard more from our land. I was returning for my husband to accompany me to Nelson, when the assault was committed. Ladd had many times told me I should not go through there ; directly I got on his land he struck me. I did not dare him to strike me ; and when my husband came, Ladd also assaulted him.

By the Court : Did you scratch his face 1 — Well, I certainly tried to get away. I did not touch him till my husband came. Re-examined : Before I had said or done anything, Ladd struck me violently, and he held my hands. I did not scratch his face.

William John Frost, sworn, said : On Saturday afternoon I was working in my garden, and heard my wife calling out ; my little boy also came and said his mother was knocked down. I saw Ladd using her shamefully ; she is enceinte ; he was very violent. Ladd had no marks on his face when I went up ; my wife was then quite exhausted ; Ladd had hold of her wrists. I went to her rescue. I afterwards noticed that her arm was bruised, and that she had had a severe blow over the eye. Cross-examined : I think I scratched Ladd's face. I said " Ladd, you have illused my wife," and he squared up to me, and hit me two blows. My wife did not attack him ; Ladd fell in struggling with me. He held my wife by the hair, while I was struggling with him, and seemed to be trying to put her off the ground. By the Court : I know nothing about the right of way ; the road in dispute between us was open when I took the cottage, and I put up the fence to keep Ladd's cattle out.

The Magistrate said : Well, it seems to me, from the plan I have before me, that yon decidedly were committing trespass. Mr. Adams said he thought he could show that the saddle had been put on the wrong horse, for Ladd had warned these people off his ground ; and as for the assault, he would call one witness, who he thought would satisfy the Court. William Brooks, sworn, said: I was at Ladd's last Saturday, having been working for him all the day. I saw Mrs. Frost pass through Ladd's ground, and when she returned he would not allow her to pass ; she insisted, and Ladd put his hands in his pockets and dodged her to and fro, to prevent her passing. Mrs. Frost then clawed his face and hair, and used most dreadfully foul language. Ladd did not take his hands from his pockets, and could not therefore strike her ; but she most certainly did deserve a good hammering. Frost came and rushed at Ladd, who warded him off. She then pulled his hair, and while the husband was squaring up to Ladd in front, the wife had him by the hair, and was clawing and scratching his face from behind until Ladd's brother pulled her away. Cross-examined: I have known Frost slightly. He used the passage in dispute, without hindrance, until lately ; I did not see Ladd take his hands out from his pockets, he merely seemed to wish to prevent her passing. Frost, in the body of the Court, here said, " Ladd bit my finger." Ladd : — " Yes ! But it had no right in my mouth."

Mr. Adams here said, he thought he had produced sufficient evidence to show the nature of the assault complained off, but Ladd interfering said, he should like Mrs. Edwards to be called.

Jane Edwards accordingly sworn, said: I was at Ladd's last Saturday evening and saw Mrs. Frost and the others around the fence. Ladd had his hands in his pockets and would not let her pass, he said he had told her so many times before. I cannot use Mr. Frost's language, it was so very vile. Ladd never laid his hands on her ; she struck Mm, but did not scratch his face till her husband came ; but then she was very busy with her two hands scratching his face and pulling his hair. I never saw Ladd strike her; I heard him say he would not.

The Magistrate said it seemed to him that there was a case of decidedly hard swearing on both sides. Yet Ladd seemed to be considerably punished, and complainant comparatively unhurt ; his decision therefore would be that the case should be dismissed, complainant paying costs. The Magistrate subsequently bound over the several parties to keep the peace.

Travers v. Samuel Stone for £2 4s. Defendant did not appear. Verdict for plaintiff.

Giblin v. Wolf for £2 14s. Neither party appearing, case dismissed.

Fridat, December 4. Alfred George Betts v. Pompey, au

aboriginal native. Plaintiff, sworn, said : A few days since a person called on me, bringing Pompey and another native, and said that these Maories had just arrived from Kawhia with a load of potatoes, wheat, &c, and they wanted me to purchase it. I went to the wharf and got a sample of the wheat and maize from Pompey. The natives came on the following morning and told me they wanted 10s. per bushel for the -wheat and maize. I would not give this, but offered 7s. for the maize, and said I would find a purchaser for the wheat. Pompey at once accepted my offer ; the maize was landed, and while I was sitting upon it waiting for the cart I had hired to come up, Taylor, the carter, came along, spoke to the Maories, and took the maize away. I have summoned for the sum of £2 65., as I think that would have been my profit on the 20 kits of corn.

Mr. Jenkins, Native Interpreter, sworn: He read the evidence to Pompey, and defendant seemed to acquiesce in plaintiff's statement, with the exception of the money for cartage. The Magistrate said : The Maori was bound to deliver the corn to plaintiff ; but the only question in his mind was relative to the ss. charged for cartage. Yet, considering all things, and wishing to impress upon the natives that they must on all occasions be bound by their bargains, he should give judgment for plaintiff for the sum of 255. and costs.