MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 149, 12 October 1876, Page 2

MAGISTRATE'S COURT.

THIS DAY. [Before T. W. Parker, Esq., R.M.] SETTLING A BUTCHER'S BILL. Cornelius Manix and John Quilp were charged with having assaulted and threatened, and also obtaining by forced means the sum of £45 from James Thomson, the property of his master, W. Russell, butcher, of Upper Kakanui, at Kakanui, on the 2nd inst. James Thomson, butcher, in the employ of Mr. Russell, Waiarcka, deposed : He supplied the prisoners, who were engaged erecting fences, with meat from Sept. 2 to 30. He presented the bill, amounting to £4 18s. 5d., to Quilp on the 2nd inst., who said Manix was away, and asked him to wait till lie came back. This he did, and when Manix came, Quilp said £1 6s. 9d. of the account was owing by himself and another man, who had since gone, and refused to pay the whole. He deducted 133. , making it £4 ss. 5d., and the pi'isoner paid him £4 ss. Whilst in the act cf receipting the bill, having his horse's bridle round his arm, the prisoner said he must make a further reduction for some reason, which he refused to do, asking them io see Mr. Russell. Manix then pulled the reins away and caught him by his coat collar, saying, "If you won't give up the money either you or the horse will not leave here alive." Manix told Quilp to take the money away, which he held in his hand in his goeket. This he endeavored to do. Seeing they were determined to take the money, I called to some men working close by, who advised the prisoners to see Mr. Russell, when Manix said if he did not give up the money he would not leave the flat alive. Under that, I gave up the money. I gave them the change, and did not any money but the £4 ss. I clid not mount the horse, or try to take the change with me.

For the defence, the prisoners called Mr. Ballantyne, fencer, now employed by Mr. Reid, of Elderslie, who remembered seeing the prisoners and Thomson on the 2nd of October. First saw them talking, when Thomson called him and asked him to see fair play. Asked them what the dispute was, when Manix said that Thomson was keeping back some money. I advised them to go to Mi*. Russell, and both prisoners were willing to go, but Russell said he had to go further. After some more talk Thomson gave up the money, the prisoners saying they would see his master at once, and settle it. I did not see Manix strike Russell, or hear him threatened in any way. When I came up, the prisoner Quilp had hold of the bridle, and Manix was standing in thß road. There was a struggle to keep the horse ; and Thomson gave up the money under protest. David Loman, and several other witnesses were also examined. Mr. Parker, in summing up, said he should consider it as a case of simple assault, and impose a fine of 40s. each, or 14 days' hard labor Prisoners were removed in custody. ( LARCENY. Joseph Bowman was charged with stealing a coat, from a boarding-house, about July 1, the property of John Johnson, value £3. The prisoner was convicted, and sentenced to two months' hard labor.