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RESIDENT MAGISTRA TE'S COURT.

TIMARU— Tuesday, Jan. 18th. (Boforo J. 8. Beswick, Esq., K.M., and H. J. LeCren, Esq., J.P.) DRUNKENNESS. For thia offence John O'Brien was fined sa. FIIUIT STEALING. Henry Newton, Louis Hall, and George Falgiir wore charged on remand from Moiuliiy with stealing fruit from the orchard of Mr Bourn. The paronta of Falyar"! and Hall attondod and promised to flog their children, nnd on this understanding the boys were allowed to go. Newton's father attended but refused to chastise his son, and Hl3 Worship ordered the boy to be sent to the Burnham Industrial School until he attained the age of 15. Nowton was ordered to pay 8s a week towards b.13 son's support. CIVIL CABE3. Maclean Pickle and Preserving Co. v. P. O'Meeghan— Claim £22 10a. Mr Lynch appeared for defendant. The evidence of defendant was taken and transmitted to Christohurch. George Parker v. T. Foden— Claim £3, for work done. Mr Hamersley for plaintiff, Mr Perry for defendant. Judgment was given for plaintiff by default. McKinnon, v. Gracie, Maclean and Adam. Mr Lynch for plaintiff, and Mr Ilamersley for defendants. This case had been adjourned since

last Tuesday, and a further adjournment was granted until to-morrow. Hutton. v. Mrs Newton— Claim £3 7s 4d. Mr White for plaintiff, and Mr Kmibley for defendant. Thi3 .vas a claim for books supplied to defendant's son. Mr Knubley contended that the defendant was not liable for her husband's debts. His Worship ruled against this contention, and gave judgment for plaintiff. Bank of New South Wales t. Rickus. Claim, £8 10s 8d on a dishonoured bill. Judijment was given for plaintiffs. Scannell v. Dennis Heffernan. Peter Cunningham claimant. Mr Lynch appeared for Scannell, and Mr Hamersley for Cunningham. The case arose from the Beizure of a horsa valued at £7, by Scannell from Heffernan, who had given claimant a bill of sale over his stock and farm on the Levels Plains. After argument, judgment wa3 given for Scannell, and Mr Hamersley obtained leave to appeal. The court then rose. GERALDINE— Monday, Jan. 17 1887. (Before H. C. S. Baddoley, Esq., R.M., and A. H. Brisco, Esq., J.P.) ALLEGED ATTEMPTED BAPE. Thomas Squires was charged with having on January 14th last, at Orari Gorge station, assaulted one, Eleanor Brott, with intent to commit rape. Mr White appeared for the defence. The case was heard with closed doors. Eleanor Brett, wife of John Brett, of Orari station. I live at Orari Gorge, in one of Mr Tripp's cottage. On Friday, 1 14th inst. , accused came to my house about 3 p.m., sat in there about half-an-hour, and when he got up to go, he held out his hand to shake hands with me and stooped down to kiss me. I pushed his face away and told him to atop. He Btill kept hold of my hand by the wrist, and tried to push me on the sofa. He pulled me about the floor whilst I was standing up. I was sitting on a choir by the door when he wa3 going away, and he dragged me towards the sofa on the other side of the room. (Witness then described what accused did to her.) I said I would tell his wife. I pulled him outside and then he left. My husband and accused are on friendly terms. Accused expressed no rearet at hiß conduct when he went away. My husband was away at the time. When he came back, I told him what had taken place and he informed the police. One of my hands had a scratch and the other was bruised after the affair happened. When he was in the house we had a conversation about a cow, and the only other conversation was that his wife had a baby three weeks before. No talking occurred which led to the assault. C'roßS-examined by Mr White : I did not see accused leave his horse at the gate. He told me his wife had told him to call to see how I was. It is a very lonely place where we live. I have a little sister Hying with me, but accused knew she was at Mra Lambie's, as I told him. In reply to a question he put to me, I told him my husband was away. While he was doing what he did, I did not scream as I knew no one could come to my assistance. The house is about ten chains off the road. I was not afraid of accused, and therefore I did not scream out. I have been married over two years, and have two children. I was married on 19th January, 1885. My first childl was born on 9th May, 1885. I pulled accused outside because there might be somebody about who might see him. I was frightened that he would master me. He did not mention Mr Wadlow's name to me. He pulled me about the room for ten minutes. By the bench : Accused actod in such a way as to lead me to believe he would use force to accomplish his purpose, becausa he kept pulling me towards the sofa. No one can see into our house from the road. Elizabeth Emily Lambie, deposed : I am the wife of William Lambie, and live on Orari Gorge station, near Mrs Brett's, about a quarter of a mile from the latter. I was going across the paddock with Mrs Brett's sister on Friday last, as we got half-way across I saw Mrs Brett coming hastily towards us. She made a complaint. She showed me a scratch on one of her wrists and appeared agitated. She had a bruise on the other arm. The Bcratch was bleeding. By Mr White : It was between one and two o'clock. The little girl had just coma over with a message in reference to some fruit. I had promised Mrs Brett to go to her house on the Thursday, but as it was wet she might have expected me on the following day. If any one had screamed out at Mrs Brett's I should have heard her if I were outside my house. I saw accused on that day riding on a white horse about 10 a.m. 1 don't know anything of him. I did not see him nearer than in the back road, but not near Mrs Brett's. Eleanor Brett, recalled : T know the accused well, and never saw him the worse for liquor. John Brett : I am a saddler to the Orari Gorge station. When I went back to my house last Saturday, my wife was very excited and complained to me, &nd jl CtitnQ clown and gav© mxormciLioii to the police. I have known our clock to gain two hours in twenty-four hours. lam not very intimate with accused. He is a marrried man. I have always understood him to be a very respectable steady man. Mr White addressed the bench at some length on behalf of the defence. The bench did not consider the evidence supported the information as laid, but thought it might substantiate a common assault. They would like to see an information laid as a common aasault, the evidence to be taken aa read. They would dismiss the more serious offence. The information for common assault was then made out, and the following evidence taken for the defence. Thomas Squires, deposed : I have been resident in the Geraldine district for eight or nine years, and married five years. I hare been acquainted with Mr and Mra Brett for some years. When I went to see Mrs Brett she was sittii:i; at the door. She asked me to go in and to sit on the aofa. I told her I could not stop but my wife had asked me to enquire after her health. I stayed there about five minutes. We spoke about a cow her husband had bought, and about other matters. I asked her and her husband to come up to our house on the following Sunday. I might have scratched her with a fingernail in shaking handa in wishing her good-bye. On the following Saturday night, about midnight, there was a loud knocking at my door, and some one whom I believed to be her husband called out to me. I went to the door and was knocked down with a thick stick, and my head bled through the blows I received. Constable Willoujrhby, deposed : I have known accused from three to five years. He is a man of good reputation and of sober habits. Mr White would point out to the bench that it was a most trivial assault and as such should be dismissed. The bench considered an assault had boen proved and fined accused £10 or imprisonment with hard labour for six monthß. CIVIL CASES. 6. 8d Palraer Vl T> Palmer.— Claim £61 , * Ir , Whit ,° a PPeared for plaintiff, who stated he should lead evidence to prove that a few years ago plaintiff came into some money and the son agreed to go home under power of attorney to receive it and to use the same on paying 6 per cent The son obtained the money, and had the use of it but had not paid the intorest acruine therefrom. The son was now at Wairoa where the evidence was taken for tho defence. Judgment was given for amount claimed with coats. KECOVERINQ POSSESSION OF A TENEMENT. Jane Tindall sought to recover possession of a smithy at Hilton. Rent was owing from 21st June last year under verbal agreement. Mr White for plaintiff and Mr Hay for defendant*.

Mr Hay contended that the rent had been paid by contra account and that as the rent was not paid weekly, his client was entitled to a month's notice and at the end of a month the tenement would be vacated. Mrs Tindall stated that she verbally agreed to let the shop to defendant at 23 per week for a period of six months. The six months had expired. She then gave him notice to quit. He was to remain on if he thought it paid him and a written agreement was to be made out before he entered on a new tenancy. The case was amicably settled on the defendant giving up possession of the premises, the plaintiff foregoing costs and legal expenses on the defendant paying the court costs. (Before R. H. Pearpoint and A. H. Brisco, Esqrs., J.P.'b.) SMALL CASES. \V. Davie v. J. Tindall, claim— £9 9s, and J. Tindall v. Davie, claim— £ll Is 6d. These cases were taken together, Mr Hay appearing for plaintiff in the first and for defendant in the second, and Mr White for defendant in the first and for plaintiff in the second cose. After hearing voluminous evidence the bench gave judgment for £1 9s in favour of Davie. In the case of Waterhouse v. Waterhouse judgment was given for £4 4s for board and lodging. Jane Tindall, of the Hilton Hotel was charged with keeping her liconsed house open on Sunday, January 2nd, also with allowing liquors to be sold on that date. The case was dismissed. Joseph Lewis was charged with herding sheep on a public road on the 10th January. As it was a first offence the case was dismissed, the defendant being cautioned. The case of E. J. H. Fox v. T. Farrell, a claim for £3 8s was adjourned till next court day on the application of Mr White who appeared for plaintiff.

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RESIDENT MAGISTRATE'S COURT. Timaru Herald, Volume XLIII, Issue 3836, 19 January 1887

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