MAGISTRATES’ COURT.

Temuka Leader, Issue 3813, 2 November 1901, Page 3

MAGISTRATES’ COURT.

Temuka, Fkidat, Nov. Ist, 1901

(Before the Mayor, Major Hayhurst, and Mr J. F. Eardey, J. P.) DISORDERLY CONDUCT AND ALLEGED ASSAULT. Edward Henry Twist was charged with disorderly conduct, in the public street of Temuka ou October 31st, and pleaded guilty. He was also charged with unlawfully assaulting Uharlea Kinross, aud pleaded not guilty. Uha'les Kinross was charged with uulawfu ly assaulting Edward Henry Twist, and pleaded guilty. Ho would make an explanation. The cases were heard together, and Constable Gillespie called Charles Kinross, a shearer and labourer, residing at the Wallingford Hotel, who stated that he had known the accused Twist for about twelve months. He knew him as a horse trainer, and also as a pugilist. Ou Wednesday Twist came to the hotel aud had a few words with witness. Witness kept out of the way, but Twist kept ‘ browing off” at witness aud used objectionable language. In the afternoon witness was having a drink with a friend when 'Twist knocked a glass out of his hand. Airs \vho!>n, wifo of the licensee of the hotel, told witness to go f■ *r the police, and witness did so. Pending the arrival of the constable Twist came outside the hotel, and threw water from the drinking trough over witness and anmli r paity. Afterwards in the hotel accused threw a glass at witness, and witness retaliated. Twist then commenced to fight.

By Constable Gillespie : Could fee the effect of the blow from the glass on Twist’s face. It was a serious assn It, but he did it in self d-fence. It was a glass witness threw, not a stone. By accused : Had tried to git out of your way. Threw the glass at the crowd. By the Bench: Would not have called accused drunk.

George Mason, saddler, Temuka, gave evidence that he was in the Wallingford Hotel shortly after the arrival of the express train. He saw Twist pick ud a glass and throw it towards Kinross. lh« gl iss struck a curtain, and fell unharmed. Kinross picked up a glass and throw it at Twist, striking him severely, and his eye bled.

By Constable Gidospie ; Twist was not drunk. He had been drinking. Aouiit an hour earlier Twist had been throwing water over Kinross, witness, and another person as they passed. Kinross, in witness’s opinion, gave no provocation. By the Bench: The glasses were apparently thrown with equal force; one missed and the other struck. John Shamus, a traveller in drapery goods, stated that he had been staying for a week at the WaWiugford Hotel Only met tho accused Twist and Kinross Was a disinterested witness. Was with Kinross when Twist threatened to pull his nose, and he also knocked a glass out of his hand. Kinross went away. Twist came back and wanted Kinross to put up bis hands. Was with Kinross and others when Twist threw a glass which passed between Kinross and another. The glass struck a curtain behind them and fell on a seat. Kinross at once picked up a glass and shrew it at Twist. Twist was neither drunk nor sober. Ho appeared to bo looking for a row. P. Cassidy, constable stationed at Temuka, assisted to arrest accused 1 wist. 3a was druuk, and did not submit to arrest quietly. He had to bo handcuffed. Accused said he did not wish to give any evidence. He recollected little about it, and supposed from the evidence that he was in fault. The Bench held that both parties wore guilty of a-sault. Twist would be Cued 10s for drunkenness, 40a for tho assault and costs (ii 38s in all). In default one mouth’s imprisonment. ■ Ki uross would be convicted and d;s charged, and ordered to pay medical attendance on Twist, amounting to li s Gd.