POKENO.

New Zealand Herald, Volume V, Issue 1398, 11 May 1868, Page 3

POKENO.

(PKOlf OUK OWN OOHEHSPONDEXT.) Mar 7. The usual monthly sitting of the Eeaident Magistrate's Court nan held to-day at the Queen's Hotel. Pokeno, before Charloj Mellsop, E«q., K.M. There were but two cases brought before it. The 6rst a eriminal one for assault. Gakdiseb t. Herbert.—Mrs. Francis Gardiner, being eworn, said : 1 em the wife of George Gardi ner, and residu at Pokeno. In the beginning of Maroh last, Dr. Herbert came to my whare and asked me to gire him a couple of nighte' lodgings until he could «et another room. I did so, and at the end of that time he would not leare, but put a lock on the door and dared me to put my foot in the whare. This whare was where I kept my firewood and cooking utensils. On the 25th of April ket I determined to make another way into the whare by taking some of the iide down. The door was shut at the time. I had an axe in my hand. Defendant came out of tha whare and took it out of my hand and knocked me down with the handle of it, and then dragged mo into the whare and tried to strangle me. I lay Ihoro for e->me time until Mrs. Kelly came to my assistance. My husband boueht this whare four jears ago. Defendant told me he could do aa he liked as the -whar« was on Government land. I only let him have the uee of the whare for two nights, as I thought, but every time I anted him to go he said ho could get no other place.—-'-o defendant: You did not hire the whare from we on any terms whatever. I owe you now tl Iβ., an you say. You hare sent me an account since this affair. At the time you came into the whare I owed you nothing. When you wore trying to strangle me L took hold of your shirt to try and get up It Mien tore. I did not tear your shirt inside the whare. Whatever I did do was to i defend myself.—T o the Bench: The receipt which J now produce is for money which I owed the defenj i , . V •""! t0 do his wa »hing for a certain time, and let him hive the use of the whare up to the dav the receipt was made out. Mrs Janet Kelly, being eworn, eaid : I eaw the plaintiff and defendant ttrupgling together outside the whare. After a little time I went down to eee what was the matter, and on going into the wl.are, I fauna the ~laintiff on the floor, and the defendant witn his knee on her stomach and his hand on her throat. The blood was coming from her mouth. I immediately went out and called for assistance I understood the whare to belong to Mrs. Gardiner. J. his closed the prosecution. The defendant said, in his defence, that he had hired the whare from Mrs. Gardiner, in payment of money due to him from the plaintiff, and that he hud come to knock the whare down ; and when he went outside she swung the axe at him, and ho had b> disarm her lu aelf-defcnee ; that she followed him inuo the whare, and fell over a bag of potatoes. She also tore his shirt and scratched his face and hand* and he h *! to take holJ of her to prevent her doin» him further injury ; and h B now wished to call on a witness to prove that she was not hurt by anything he had ilor.e to her. J""""b

iJwr a "'l' T* BWOrn, said: Jam district uailiff, and reside at Pokeno. On the morning of the 2oth of Apnllart Mrs. Kelly's boy came to my house and .aid I was wanted, a, Dr. Herbert had illtreated M-β. Gardner. I ,v,nt down immodiateJy and found M.. Gardiner very much excited. She told m« tlio defendant had triad to strangle her 'Xhc doctor e waistcoat and ehirt were torn. He had told me previously that he had purchased the whare from Mrs. Gardiner on account of some money duo horn her to him This was told me about a week before the nHsault happened. To defendant: I» w no murks on Mrs. Gardiner's hf.-ad, but I saw marks on your face and hands His Worship said ho would have to diemi (B the case, as he wa< unable to deal with it on account of i,3 being a dispute as to the possession of the whare • lhe case was accordingly dismissed.