RESIDENT MAGISTRATE'S COURT.

Poverty Bay Herald, Volume VI, Issue 932, 24 October 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before C. Whitefoord, Esq., R.M., and Captain Porter, J.P.) This Day. \ " Heni and Mere, charged with riotous behaviour in the public streets, were after a great amount of evidence was taken, fined each 20s:, and costs, or in default 48 hours' imprisonment. POmcbTV: Mills.— The case waa dismissed on the application of Mr. Brassey, as the information did not contain any distinot charge. Assault on a Sheriff's Officer. Louis Diery was charged with unlawfully assaulting Elliot Gruner, a peace officer in the lawful discharge of his duty. Mr. Bromfield appeared for the; pro* seoution. . .^ His Worship said before proceeding further with the case, he would mention that the charge might be' under the 1873 Act, so that he could deal with it summarily. The information was laid under the 1866 Act, and if the offence was proven he would have to commit him for trial. However the charge could be proceeded with, and if the prosecution elected to have the charge decided summarily he would do so. . The defendant wished the charge to be proceeded with as an indictable offence. He preferred it because he would be tried before a jury if he were committed on the charge. Elliot Gruner, deposed : I am a bailiff and constable. I occasionally act for the sheriff, Napier, in enforoing writs of fi. fa. Last week I got one to execute against Louis Diery, and obeying instructions I went to Ormond for the purpose of putting it into execution. At Ormond 1 was joined by Caldwell, as I thought it would be better to take a witness with me. We were both mounted and rode down to Diery's house. When we arrived we saw nobody. I knocked at the door, and defendant came out and asked who we were, and what we wanted, I told him my business and produced fchejßrjt, which is now put. in, _I. com., menced reading the writ, and when nearly finished, the defendant, rushed into the house. He brought out a rake and rushed at me striking the horse with it on the nose. The horse reared and turned' round and in stooping forward he struok another blow, which caught me on the small of the back. I suffered from that blow for some days. He then followed me through the paddock. Eventually I got off the horse and went to the defendant, and asked him to give the rake up. He did so, but not peaoeably. I got the rake from him to proteot myself. He then rushed back to the house,. and came out again with a large grubbing hoe. When I saw him coming to me, I got. Caldwell to go the i other side of the fence. • I was now mounted and the defendant followed with threatening gestures. He said if we did not clear out he would kill us. His son would bring a gun and shoot us. I went on to the road when he . threw down the hoe and followed me. I tried to reason with him, but found it impossible. I .used no provocation to him. All this time Oaldwell was standing quietly by as a witness. I saw Direy strike his horse. He understood what the contents of the writ was. When, I took the rake from him I used no unnecessary violence. His house stands in a paddock about 300 yards from the road. I went straight from the road to the house and did not trespass, ;..._ . . , -r ';:

By the defendant : I received the writ direct from the Sheriff, of the Supreme Court, Hswke's Bay. I received information that the writ was registered against the lease of your property. I was not told to make my office disagreeable to you. I arrived in Ormond at 10.30, and at your house at about 12. I got Oaldwell from the public house there where I ■ called. I had no drink there before I went to your house. I remained at Buchanan's for half-an-hour. Buchanan informed me of your character and said that it would not be safe to go there. I have no idea of Cald well's character, for or against. I did not know him to be a drunkard, he did not appear to be so. You did not tell me to serve the paper and leave the place. Y6u told me to clear but or you would put me out. You came back with a rake. You did not ask me to leave the place before you rushed me. I had a riding crop with a metal head in my hand at the time. 1 did not raise the crop to you in a threatening manner. You rushed at me first You were near the gate when I gave my horse to Galdwell. We did not rally and charge [at you with both our crops up. You fol- | lowed us a distance up the paddock, and I when near the gate panel I threw the I notice of sale down on the ground. After taking the rake from you I picked up the notice and told you my duty was done. I went away shortly after. I had a struggle with you about the rake. I caught it by my left hand, my crop.' was in my right hand. As we were struggling 1 said I would strike you if you did not give up the rake. I am sure I heard the word " killing." Andrew Caldwell, deposed ; I am a shearer, and live at Hangatira. I know plaintiff and defendant. I saw Gruner at Ormond a week ago. He asked ine to show him where defendant lived. We started together from Buchanan's On horse back. At the house 1 got off and knocked. Mr. Gruner said I am a Sheriff's officer, and read the writ The defendant was there for a while, when he read it The defendant used bad language. He went into the house and came back with a rake. [The rest of this evidence tended to substantiate that of E. Gruner. 1 By defendant: You were quiet at first when you opened the door. The words you used were, " Get away, you damn fellows." After the paper was read, I came with the rake. I did not hear you say anything. When we returned from the house we met again about six chains. I had a riding crop. Our horses separated when Gruner was struck with the rake, and we were a chain apart. I don't remember any threat being made by you to kill Gruner. „ The charge was then read, accompanied by the usual oaution of the Bench. The defendant then produced a written statement giving a detailed and graphic account of the occurrence, the reading of which caused some little merriment in the Court. . The Bench committed the accused to take his trial at the next sitting of the District Court, Gisborne, bail being allowed in two sureties of £60 each.

The accused stated he was unable^ to procure bail. The Bench stated that as he had elected to be tried under the Act of N 1866, the decision in the case had been "takeh out of his hands, and on the accused applying for a change of venue the Bench replied that it could not be granted on account of the expense entailed thereby to the country. Besides, the application was a reflection on the community. The accused : "We are living under" a reign of terror here."