MAGISTERIAL.

South Canterbury Times, Issue 8737, 25 January 1897, Page 3

MAGISTERIAL.

TIMARU— Monday, January 25th. (Before C. A. Wray Esq., S.M.) DRUNKENNESS. J. L. Smith, an old offender, charged with this offence, pleaded that he had been up country and very steady for the past six months, and was only in town half an hour on Saturday before he was arrested. He unfortunately got too much at the Point when he was coming down. Cautioned, and fined 5s and 2s cab-hire, A first offender, locked up since Saturday, was let off with a caution. A third offender, arrested on Saturday evening, charged also with breaking a cell utensil, value 10s, pleaded guilty. Constable Tarrant showed that accused was drunk and quarrelsome and creating a disturbance in the streets.—Fined ss, and ordered to pay the value of the utensil. maintenance order, Hugh Jowsey, summoned for failing to comply with a maintenance order, arrears now £2, did not appear. Mr White appeared for the complainant. He said the order, for 10s a week was made on the 18th ult.-, and although efforts had been made to get him to pay, hehadonlypaidoLesuraoflOs. Mr White asked not only for an order in default but also for an order for sureties.—His Worship said defendant seemed to treat the whole matter with contempt, and made an order that the arrears be paid forthwith, in default 14 days’ imprisonment with hard labour. His Worship also ordered defendant to find sureties to the amount of £SO for due compliance with the order. ASSAULT. Archibald Davie was charged on summons with assaulting John Hugh Brosnahan, farmer, Levels Plains, on the 20th inst. Mr Raymond for complainant, Mr Hay for defendant, who pleaded not guilty. The assault arose out of a difference of opinion about harvesting work. The complainant encaged a man named Brien, on a written contract, to cut 70 acres of crop for him at 2s an acre, he finding machine only. Brien’s machine broke down, and defendant was engaged to complete the work. They differed in Court about the arrangement and the price. Complainant said Brien sent Davie to finish his contract lor him, Davie said he made a fresh contract with Brosnahan at 3s an acre and he was to use his own horses Davie cut about 50 of the 70 acres, finishing on the 18th, and the remainder would not be ready for a week. A dispute arose about payment for the work done, and out of this the assault arose.

Complainant and his wife stated that Davie came to the house on Wednesday morning and demanded to be paid in full for what he had done, and was told he must finish the contract first, but he was paid £3 on account, leaving a balance (after charging for some horse feed) of 245. He took the £3, and returned an hour or two later and demanded the balance, and being told again that the contract must be finished first, he sprang upon Brosnahan from behind, and holding him with his right arm smashed him on the side of the head and in the face with a stone he had ready in his left hand. This occurred near the house, and Mrs Brosnahan ran to her husband’s help. Davie then ran away threatening to “ do for them yet,” and throwing a stone which nearly hit Mrs Brosnahan. Neither of them struck or kicked defendant, or threw anything at or after him. Complainant is the bigger man of the two, but he insisted that he was taken unawares by a cowardly trick. Defendant told a very different story. He made his own bargain with Brosnahan, and wanting the money he asked on Monday night for payment for what he had done ; he claimed that there was £7 2s 6d then due to him. He was told to come up next morning, and went on Wednesday morning, when Brosnahan offered him £3 on account. He demanded all or none, and Brosnahan threw the money down on the sofa, but he (Davie) did not pick it up. (Complainant and his wife had sworn the £3 was counted into Davie’s hand). Defendant went away, but returned and again demanded his money, whereupon Brosnahan rushed at him said he would kick him out of the place and catching hold of him commenced to do so. Mrs Brosnahan came out to help, and witness tried all the harder to get clear, and hitting Brosnahan a couple of blows with his fist he got away, followed by a shower of sticks and stones. He had no stone in his hand ; .had not time to pick up one. The only independent witness was Charles, Gosling, a neighbouring farmer who saw defendant on Wednesday morning, after his first visit to complainant’s. He complained that he could not get settled with Brosnahan and he wanted the money. He said he had received part 'payment* witness thought he nafea-

tioned £3, and that he had about £2 more coming to him. Defendant walked quietly away towards Brosnahan’s, and presently returned rather smartly and said there had been a bit of a disturbance.

His Worship said both parties could not be telling the truth, and the credibility of the parties could be tested to a considerable extent by the statements of Gosling, an independent and unprejudiced witness. It was clear that Davie gave him to understand that he had received part payment £3, and the dispute was over a balance of £2. Defendant now positively denied that he received the £3, and as he told an untruth about the money, it must be concluded that he was doing the same about the assault. Complainant and his wife both said it was quite unprovoked, and it appeared to have been a severe one. He could hardly believe that a man would be such a coward as to hit another with a stone in his hand. If he believed that he would send him to prison without the option of a fine. After some consideration His Worship fined defendant £3and costs which came to £2.

Defendant asked for time to pay, as he had no money at present, and had a wife and family to keep, and His Worship said he would give him a week or two.