MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 176, 13 November 1876, Page 2

MAGISTRATE'S COURT.

THIS DAY. [Before T. W. Parker, Esq., R.M.] iTNSULTING LANGUAGE. Patrick Minchiri was complained against for using insulting language and assaulting Jane Gray, tlireatening to murder her, and complainant asked that the defendant be bound over to keep the pej.ce. Mr. O'Meagher appeared for the complainant, and Mr. Bahner for defendant. Counsel for complainant stated the facts of the case, and put in the box Jane Gia/, who deposed : I am the wife of Andrew Gray, living at Oamaru. I know a person named Nash, who lives at Hospital Hill. I serve her with milk, and have been doing so for the past three months. On the 4th of this month, I saw Patrick Minciiin, the defendant, as I was going through Nash's section. Before I knew where I was, he got hold of me by the hair of the head, tore my cap and jacket. He had a hoe in his hand, and he said he would break my back •with it if I did not get oft' of his property. He also called me a disgraceful name. A man named Michael O'Brien was present, and caught hold of Minchin when he was a.tacl.ing me a second time. I went into Nas.i's hous •, but he still followed me with the uoe in his hand. He ordered me out of the house, but Mrs. Nash told nis to remain, as it was her property. He t en left. I never gave him the slightest provocation ; in fact, I never answer him when he calls me bad names. The conduct lias been going on for the past three months, and I am in dread that he will either hann me or my property. lam not actuated by either malice or spite, and merely wish to be protected. Cross-examined by Mr. Balmer : There is a dividing fence between Nash's section and that owned by defendant. I walked in between the ridges of potatoes, but I ave Mr. Nash's authority for doing so. Minciiin has often told me to come oil" tiie section, but it was not his. On the day of t.ie assault I did not notice defendant until he seized me. I did njt bring the hat and cap with, me to day that I was w earing when the assault was committed. 1 wisii I had. He did not use the noe on me, but lie threatened to do so, and I dare say would have done so were he not kept uack by O'Brien. The reason of the assault id nut because I cross his potatoes, but o.i account of his son, who wa3 starvnx , and whom I took in and fed. Catherine Nash, deposed : I remember the 4th of this month, and Mrs. Gray coming to my house, followed by Mr. Mi-chin. He ordered her out of his house, but she said it was not h's, but mine. Her bonnet and jacket were all torn, and she was crying. Mrs. Gray goes down through my section by a path whic.i my husband laid down for her. I have heard Mrs. Mincnin repeatedly annoying Mrs. Gray. Cross-examined by Mr. Balmer. There is a green fence between my section and that of Mr. Minchin. Mrs. Gray is sometimes accompanied by some dogs. He did not threaten hsr in my house ; but he told he." to ;e.ive the house. Minchin had a hoe in his hand when he entered. O'Brien was in the garden working among the potatoes. MincLia had some potatoes on my section, but he got permission from my husband. Mrs. Gray never went near Mine in's potatoes, for she went by the path laid down for her. James Nasi deposed : 1 rent a piece of land frww Patrick Minchih. The agreement producedistheone between us. lknow Mrs. Gray, wiio serves me with milk, and gave her liberty to cross a path, which I pointed out to her. It is on the land in my occupation, and a good distance from where Min jhin's potatoes Wore.

Cross-examined : I never saw Mrs. Gray go any other path than the one I pointed out to hex'. She sometimes had a dog or two with her. Michael O Brien : I am a shoemaker. I remember the 4fch November. I saw Mrs. Gray and the defendant Minchin on that day. Patrick Minchin was on his own section when Mrs. Gray went upon Nash's ground. Defendant followed her, and told her to get off of his green, and that if she did not he would smash her back. He did not say with what he would strtke her, but he had the hoe raised in a threatening manner. He then caught her by the bonnet and jacket, both of which he tore. She got away from him, and he followed her up to Nash's door, still telling her to get out. She was never near M njhi'Vs garden. Mr. Balnier, in defence, the land was in the occupation of Minc'iin, and Mrs. Gray must have known that she had no right to trespass, as she had been warned before. He would ask the defendant to go into the box. Patrick Minchin deposed: I am in occupation of certain sections set forth in the agreement produced, and have been for the past four months. Part of the land has been sub-let to a man named Nash. He has got a right over ths whole, and I have got the same. There is a fence between his land and mine. There are three houses upon the four sections, and, although there is a dividing fence, some of my land is inside of his jportion. Mrs. Gray has been in the habit of going through the ground, and sending others. On the night before the assault a boy came to cross the land, and said Mrs. Gray had sent him. I told him to return and tell that neither of them should cross again. Next day Mrs. Gray came up to me in a towering passion and commenced to abuse me. Her crossing the ground injures my onions and cabbage, and destroys my garden. I have cautioned her so often that it has gone beyond count. On the 4th I saw her come through the wire fence, but I could not swear whether she was on my potatoes or Nash's. I ordered her back, but she

would not .go, 1 and I took shoulder, and ; tried to remove her. person came to her assistance. O'Brien was present, but he never laid a hand upon me. I had a hoe in my hand all the time, as I had .been working at the potatoes before she came in. I never re. member threatening to break her back with the hoe. Cross-examined by Mr. O'Meagher: I can't say if I tore her bonnet. I won't swear that I did not tear it. I now admit that I did threaten to break her back with a hoe. She had no dogs with her. I will not swear that she was amongst my potatoes, but she was on my property. Tliis closed the evidence on both sides, and The Bench could not see that complainant had been guilty of trespass, yet it thought it better, before giving a deci-' sion, to hear the evidence in the crosscase, which was that of INSULTING LANGUAGE. Jane Gray was then complained against for using insulting language towards Mary Minchin on the 20th of October. Mary Minchin deposed : On the 20th October, or rather about that time, I saw Mrs. Gray, accompanied with two bull dogs, going down through my potatoes. I told her to take her dogs away, but she used a disgusting gesture, and told me I was a disgrace to my husband. After some time she returnud and called me a thief, and that I had better drown myself and not disgrace my family. lam afraid of her, and wish to be protected from her. Cross-examined : I am not afraid of being killed by her, but her tongue troubles me. Ido not lay the charge through malice of ill-will, hut I can't say why the information, though the occurrence took place on October 29, was not laid until after proceedings were taken on tiie other side. Elizabeth Ford examined : I know the Minchins and the Grays. On the 24th I heard Mrs. Minchin and Mrs. Gray quarrelling, and I saw Mrs. Gray make a disgusting gesture. My husband heard t:;e remark made, but as he was lying ill lie did not see what was done. Cross-examined: I have no ill will towards Mrs. Gray. I have fowls, and she has a garden, and she set her dogs on them and killed some. My children did not annoy Mrs. Gray, although Andreir Gray complaiimd of tueni to me. If a disgusting expression had been made use of Mrs. Minciin must have heard it. Mr. O'Meagher pointed out the glaring : n.iiscrepancits in the evidence of the witnesses brought by the complainant, and submitted that it was a malicious pros.cution brought in spite, for the proceedings taken in the first case. He put Jane Gray in the box, who swore: I never made use of any offensive language, nor used a disgusting gesture to Mrs. Minchin. Cross-examined : I never had any words with Mrs. Minchin, for I would not answer her. Although the two previous witnesses have sworn to the contrary, I am prepared to swear they have stated what is not true. The Magistrate thought there was no evidence to establish the charge, and consequently he would dismiss the case. With regard to the first case of assault, he thought it necessary to bind the defendant over in his own recognisances of £3O to keep the peace. Had a penalty been asked for, he would have inflictedjone, but as the complainant did not seek for that, he would grant costs for the various witnesses in the case, amounting in the aggregate to £2 19s. The Court adjourned for refreshment, and on its re-opening proceeded to hear another case of abusive language, but our reporter was unable to wait for its termination.