RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 1490, 8 April 1886, Page 3

RESIDENT MAGISTRATE’S COURT.

ASSAULT.

Trenimri— WEDNESDAY, AthxL 7, 1886.

[Before J. Beswick, Esq., R.M.]

George Latimer wag charged with having on the 6th of April assaulted Robert Latimer.

Mr Aspinall appeared for the complainant, and Mr Tosswill for defendant. Robert Latimer, sworn: I am a laborer, and the owner of the heuse which ray broth'gr'dccnpies. I do not receive any rent from him, but I reserve to myself one room. I remember the sth of April. I was doing some work at the back of the house—washing my clothes. Iliad a few wards with Mrs Latimer. She came round the house and attempted to strike me with a spade. I guarded myself as well as 1 could. She tried again to. assault me. My brother then came up and took hold of my arms from behind. Hia wife then got hold of me and pulled my whiskers out. My brother then let me go.

To Mr Aspinall: I reside with my brother.

To the Bench : I do not pay rent. I occupy the room and keep things in it, but do pay rent. I hare a young heifer. I told my brother not to brand it, lie said he would. He branded the heifer, and said, he would defy me to prevent him. Hia wife began to abuse me. I told her-to go into the house and get another black eye. I was doing a bit of washing at the back of the house. She want in at the front door of the house. When she abused me I said, “ Keep your tongue still, Sal ; keep steady.” She said, “If you call mo Sal I will blow your brains out.” She came at me with a spade, and struck at me. The point of the spade knocked my hat off. 1 was washing a pair of trousers at the time, and I threw them in her face. When she mad# the third blow I jumped on one side and caught hold of the spade. My brother then caught hold of my arms from behind. I put up my hands and caught his wife by the neck and put her on her knees, and when he saw me put her down ho struck me. I told birr he could strike me as much as he liked, and then I would give him in charge. To Mr Tosswill; Icalled her Sal, Her

name is Eliza Ann. 1 did not call her

Sal to insult her..... You must find out r what I called her Sff for. 1 did oot go round to the back door and try to get into the house., I was at the back washing clothes. I did not call her or her husband any names. I called them rogues, thieves and robbers—but not then. It was when he was fc iking the heifer away from me on Monday morning. I did not call his wife all the names I could lay my tongue.to, or think of. I called them thieves and rogues because they took my heifer. I was wringing out the wet trousers when 1 flung them in her face. I did not pull a lot of hair out of her head.. When my brother had mo by the arms.l had no means of saving myself so I caught her by the head, and while putting her down my fingers got entangled in her hair, which she had got done up Id a knob, and my brother afterwards showed me some hair which he said 1 had pulled from his wife’s head. The greater part of this occurred before ray brother came. To the Bench : My brother was not present all the time. He came out of the house because she colled him. She called him because I had her by the arms. To Mr Toiswiil; He did not say that be would not allow that. 1 had hold of the spade when she made the third attempt to strike me. I do not know whether my brother threw the spade away. I do not know what became of the spade. The first thing my brother did wae to catch me by the arms and hold me.

To Mr-Aspinall : This was from behind This wae.the complainant’s case.

Mr Tosswill said that from the evidence he would cell for the defence His v/orship would see that instead of an assault being committed on the complainant he bad made, a most brutal attack upon a woman.

George Latimer, sworn, said ; On Monday evening, my brother came over to my place for the express purpose of kicking up a row. -I told him to go away. To the Bench; He had no right to come there., He is not allowed the use of a roonr. Ho was washing bis things at bis own place and came to my place to finish up, Daring the quarrel he was using moat obscene language. To Mr Aspinall : He called the missus a rogue, thief and liar. She opened the door add told him to go away. He opened the door again. 1 shut the door myself. He ‘ was making use of this language all the time. She ran out of the front door and round the house. 1 beard the bustle at the back. I heard her call and went out.' “Bob,” I said, “ I L can’t allow this.” I took the spade aud got between them and gave him a shove back with my hand. She made a grasp at bis whiskers and missed them. He dragged her down to the ground at my feet, I caught him and asked him what be meant by that conduct, I said “ Are you going to strike me 1” He said “No.” This is all I know. To Mr Aspinall; I did not see the beginning of this. J did not bit him at all. He came over to finish his washing. He has got no room in the house, To the Bench ; The house does not belong to him. It does not belong to * me. It belonged to a brother who is dead. Ico not pay rent nor the taxes. J have never had any settlement for rent, tie does not often get his meals at ray phot.

To Mr Aspinall : He has not got a room. .When 1 came out they both had hold of the spade. 1 saw my wife make a grab for his whiskers and miss them, I swear I did not catch hold of hia arms.

To the Bench : The house does not belong to him. It belonged to a brother that is dead.

Examination continued ; 1 had a foal, which I gave to my little child. Afterwards I said it would be best to sell the foal and buy a cow. The foal was sold. My brother came to me one day and said there was a sale up about the Point, and if I liked ho would buy me a cow as he was going there. I gave him £B. He bought a cow for £5, and returned me £3. Elizi Ann Latimer deposed : The complainant does not occupy a room in our house. He has not done so for a long time. On the sth of April my husband went out to get the cow forme to milk. Complainant came and began to abase his brother, who told him if he bad eny complaint to make against him to summon him. Complainant asked what they were going to do with the cow. I said “Cut its throat,” I only meant it for a lark, as J had the scissors in my band. We cut a piece out of the cow’s ear with the scissors as a brand. He then called me “ Mad Sal,” and said we were thieves, robbers and liars. He told me to go in and clean myself. I told him I could not stand this. I then shut the door and he turned round and opened it. My husband got up and shut it. I said to my husband, “If he does not stop I will go out and strike him.” I said to complainant, “Bob, you must cease this,” and ho said it again. 1 said, “if he does it again I will hit him.” I struck at him and he shoved me down. When I recovered myself I had hold of the spade, I then stood off, and he said, “ Don’t yon dare to strike rao, or you will suffer" I said, “ Leave off calling me ‘ Mad Sal.’ ” This time he ran in, and did not lot me strike ut him. He pushed me on my knees. When upon my knees I called for my husband. My husband said, “ Bob, you ought to be ashamed of such conduct as this.” I then made a grab at him. He caught me and pulled me down on my face and knees. My husband then took him off me.

[Witness here showed the Bench a bundle of hair, which she stated the complainant had pulled from her head.] His Worship thought it had been a fami y quarrel. He would advise them to settle any little difference there might be about the property. He would dismiss the case, but warned the parties that if they came up before him again he would bind them over to keep the peace. ANOTHER ASSAULT. John Donovan was charged with having assaulted John Leonard. John Leonard, sworn, said ; On the the Ist of A pril be was in the employ of Mr John Brown, at Milford, and was engaged filling sacks. He wanted some twine to use, and went up to the whare, where he was in the habit of sleeping, to get it. Donovan, who was left in charge by Mr Brown, was there, and passed a slurring remark. He also got hold of a white muffler I had on.

To the Bench: i was in Brown’s employ. We had a dispute about five years ago, when defendant wanted to run me through with a fork.

John Donovan, sworn, said ; We were in the granary. This man was loafing about. He always loafs when the “ boss " is not about. He told me if I wanted anything to come outside. He made a hit af me. He stripped in the yard to fight me. Mr Brown came into the yard. He said he would have no fighting in the yard. To the complainant: I did not strike you first. To the Bench : lam quite sure I did not strike him first, and, then, I am not sure whether he hit me first or not. It was only a little bit of a squabble. His Worship dismissed the case, telling the parties not to come up again, and to have no more of these “ bits of squabbles.” CIVIL CASES, W, G. Aspinall v. D. Heffernan — Claim £75 4s. Mr Lynch for plaintiff and Mr Tosswill for defendant. The defendant pleaded bankruptcy. Mr Lynch said that the plea of bankruptcy was of no use, as only an order of of discharge could be pleaded. Mr Tosswill asked that the case be struck out, as section 31 of the Act provides that full particulars of the claim must be supplied. The statement before the Court was so bald as to be of no use whatever.

Hia Worship stated that a similar case to this had come before him in Timaru the day previous. He had always been under the impression that it was necessary to hare a full bill of particulars. Mr White had brought up a precisely similar case in Timaru on the previous day, and he had not yet given his decision. The case would have to stand over for a week, and in the meantime the plaintiff must furnish particulars to defendant.

Mr Lynch asked that the evidence be taken, but His Worship ruled tbat this could not be done without the particulars. White v. Cassidy—£6 3s 6d. The original amount sued for had been paid into Court, and Mr Tosswill applied for solicitor’s fee, which was granted. * The Court then rose.