RESIDENT MAGISTRATE'S COURT, LAWRENCE.

Tuapeka Times, Volume III, Issue 155, 26 January 1871, Page 6

RESIDENT MAGISTRATE'S COURT, LAWRENCE.

(Before W. L. Simpson, Esq., E.M., and Thursday, January 19. F. 11. M'Coy v. E. Hill.— Clam, £4Judgment for plaintiff for amount claimed.

Moxdiy, Jantjaby 2& . t . (Before the same Magistrate.) v. Kirby. — The defendant "was charged with having been drunk ani disorderly on Saturday last. The defendent pleaded guilty. Fined 10s. and costs, The defendant was then charged -with damaging a stretcher while in '" the - lockup. Discharged upon undertaking "to repair damage done. John Fitzgerald v. Henry Prince. — The plaintiff summoned defendant for a common assault committed on the 4th inst., and also sought to~ hare tho defendant bound over to keep the peace, in consequence of threatening language made use of on the following day, which caused the plaintiff to be in bodily terror. Mr. Copland for plaintiff, called John Fitzgerald who, upon being sworn, said — T am a carrier. I was at M'Leod's, Moa Flat, at six o'clock p.m., on the 4th day of January last. I met defendant, who asked me what I had done with the dog I had in the morning. He called me a . , and struck me in the eye. I grasped him round the body. He seized me by the hair of the head with one hand, and hammered me with the other. I wrestled with him for some time. We both fell ; I undermost, I had £40 in ray coat pocket. I lost the money. I looked for it and could not find it. I borrowed a horse of M'Leod, and went to the Teviot and lodged an information of the robbery. I was returning from the Teviot on the sth. I met defendant and M'Leod in a spring cart. He called me a Irish bastard. I am in bodily fear, and have carried a revolver ever since. Crose-examined by defendant — I met you first twelve miles from the Teviot. I had charge of a dog. It commenced fighting with another dog. Prince said, "Why don't you keep that dog chained up?" There was another man present. My four horses were in harness, as I usually drive them. I said you had too much cheek. I picked up a stono at Moa Flat. I might have had the stone in my hand before you struck me. I had it for the purpose of stopping the dray. I had a break on. 1 never threatened to knock your head off, or took off my coat to strike you. By the Magistrate — I often carry a stone for a mile. My break is out of j order. ,' i Dominico Antonelli, sworn, said —

I am a Swiss, and a stonemason by trade. I live wit'j M'Leod. v I remenib°.r the 4th day of January. I recollect plaintiff and 'defendant. About six p.m. I was smoking under Ihe verandah. I saw the defendant go and say something to plaintiff, after which the defendant struck plaintiff and gave him a black eye! They both wrestled . Defendant seized plaintiff by the hair with one haud and struck him with the other. Cross - examined by defendant — Plaintiff had a whip in his hand. Robert M'Leod sworn — I live at Benger Burn. I am an hotelkeeper at Moa Flat. Do not recollect the defendant making use of any threatening language on the 4th of January last. I was present on the sth day of January, when these parties met, two and a-half miles from Benger Burn. I saw nothing occur between them on that occasion. T heard Prince say, ' : I will punch you, you Irish -" Cross-examined by defendant — This occurred on the sth. I heard nothing on the 4th. By the Magistrate — I saw the row on the 4th, Prince went towards Fitzgerald. I heard Prince say, "I -am going to strike you." After the row, Fitzgerald asked me for a horse ; said he would give me any price for it. Fitzgerald said it was a £40 touch for him. Henry Prince, in his defence, said he was coming along the road with two

horses, about 12 miles from the Teviot, when a ferocious bull dog rushed out nnd pitched' : into one .he had with him. He remonstrated with Fitzgerald for not keeping; the dog on the chain. The plaintiff abused me and told me to move on. He said he did not take above two words from any man. I saw him afterward* at Moa^ Flat. He

picked up a Targe stone, and reversed _Ma whip. I said, "Do you remember meeting me on the road this morning?" He commenced upon me. It was only in self-defence I struck him. The Magistrate remarked there was nothing suffi iently satisfactory in the evidence before him .that an assault had been committed, or- who was the aggressor. As regards" tire language made use of by Prince] there might be some grounds for binding him over to keep the peace, but not sufficient to put him to very serious inconvenience. He should-bmd Fitzgerald in his own .recognisance in the sum of £25, also to pay /the costs of Court, and 10s 6d for professional fee,

"later in the day, an information was laid bfr- Henry Prince v that in conse- 1 qu.ence.-of Fitzgerald's evidence he was in bodily terror, and therefore sought to have Fitzgerald bound over to keep the peace, Fitzgerald was then bound over in his own 1 recognisance, for three tnoaths, in the sum of £25. j

CIVIL CASES.

Fitzgerald v. Ah Chow. — Mr Copland for plaintiff; Mr M'Coy for defendant. The plaintiff was nonsuited in this case, owing to the bill of particulars being imperfect. Coghill v. D/aper. — Mr Copland for plaintiff. Adjourned until Thursday next.

J. Harris v. J. Istead.— £B Os 6d for goods sold and delivered. Debt admitted. Judgment for amount claimed, and costs. Seven weeks allowed for payment. Marshall & Copland v. J M'Bride. —£26 12a ; debt admitted. Judgment for amount claimed, with costa.

Bryan o'B.aw v. John Donovan. — J25 6s 6d. Mr M'Coy for defendant. This case was gone into, but ultimately

adjourned till Thursday next.

Tboa. Farrer v. Goo. Burn. — £3 12s 6d. Mr M'Coy for defendant, who pleaded not indebted. Judgment for plaintiff, when he bas exchanged the watch according to agreement ; plaintiff to pay costa of Court, and witness.

May v. A. Turner.— £7 8s 4d for goods sold and delivered. No appearance of defendant. Judgment for amount claimed, with costs.