MAGISTRATE'S COURT, TE AWAMUTU.

Waikato Argus, Volume II, Issue 109, 20 March 1897, Page 2

MAGISTRATE'S COURT, TE AWAMUTU.

Thursday, 18tu March.—(Before Capt. Jackson, S.M.) 11AMMEL V. O WEAL. CI,AIAI for £lB .'ls 0:1, amount of promissory noto. There was no appearance of the defendant. Judgment for the amount claimed and costs, £1 in. HCGIIES V. lIIKSHES. Tliis was an action bi ought by the father against his son for cattle stealing. The defendant applied for and ,vas granted an adjournment for a month, as he had not had sufficient time to get all his witnesses. BEET V. STEELE, This was an assault case brought by W. Hoot, of Pirongia, against Samuel Steele, of Hamilton. Mr Gresham appeared for the informant, and Mr Swarbriek, of Hamilton, for the defendant, who pleaded not guilty. Mr Gresham briefly stated the case as given in the informant's evidence. The informant sworn, deposed : I am a farmer residing at Pirongia. On the 9th March I wa3 at the Ohaupo cattle sale, selling some cattle. While I was sitting on the rails of the pen in which my cattle were yxrded, the defendant came up to me and asked if I was the person that was driving on the Hamilton road in front of him some time Lack. I said that I did not know but supposed I was. Ho then asked my inune which I gave to him. The defendant then said : " I will learn ynn to let me pass on the road another lime," I replied that he could have passed if ho liked, and he then said you call me a liar, and with this he struck me on the chest with his clenched list, when I was unaware. The blow he gave me knocked me over into the oattln-pcn among the cattle. I fell on my shoulder pud on the back of my head. My shoulder was not hurt sufficiently to go to a doctor. I have been able to ride about and do my work. I did nothing to provoke the defendant. It was about a month before the assault that I was driving from Hamilton. I did not sec him till he got right upon me ; the defendant was driving his trap at a terrible rate, and I Mas also driving a trap. I was ahead of him and my wife was-in the trap with me. I was in front of defendant all the time, and when he came up I thought he was going to run into hip. I was driving two horse 3 and one of them was a young one, which was very frightened. I pulled to one side as much as 1 could and touched the other horse up, so as to keep ahead of him, so that mare would not be frightened. When the defendant tir3t came up he could not pass as the road was so narrow. After we passed the narrow part I got a good way ahead. The defendant called out something, but I took no notice and did not speak. He never passed me, as I huriied my horses along. I pulled to the near side all the time as scon as I could and put on more speed to keen ahead of him. When the assault took place the two young Smiths and Thomas McMiken were present. The Smiths were standing near me at the time and I uoticed no other pcr=ou there that I knew. When I first got up out of the cattle pens I pulled off my coat and Mr Mclliken told me not to take the law into my owu hands and I then put my coat on. I laid the information on the same evening. Cross-examined : The road is wide enough to pass, but I was in the middle and did not see defendant coming up. I pulled on one side as much as I could at the speed I was going. I was going at a fast trot when the defendant tried to overtake me. I did not when the defendant name up keep in the centre and flog my horse so as to prevent him from passing. I had a short whip. I did not know that I compelled the defendant to go into the watertable. 1 miyht have done so. I could not say if it is a newly-formed road. 1 did not let my horses walk on slowly when the defendant turned oft*. I did not think anything more about the affair. Defendant spoke to me civilly in the yards. I did not say to the defendant that he told a lie or that he was a liar. I might have struck the cattle when I fell. Dd not know whether I fell on a cow, which broke my fall. The height I fell from was about five feet. The blow was not a serious one, and I have done my work as usual. I took off my coat to have il: out with him. The defendant did not follow up with a further blow and I received no further assault. I could not say why he should have lost his temper and know nothing about him and had no ill-feeling against him, we were strangers. Walter Smith was next called, who deposed : 1 remember being at Ohaupo, and saw both the informant and the defendant. I saw all that took place. I remember Mr Steele coining up to the plaintiff and asking him for his name. I heard defendant say, you call me a liar and with this struck out and gave Beet a blow on the chest, which knocked him ovev intu the cattle pen with his heels up in the air. I think lie Ml on the ground. I did not notice. When the informant got up he pulled off his coat and was going to hit the defendant, when Mr McMiken came up and told him to stop. Cross-examined : I was about three feet oil'the informant. I do not know Mr Steele, but the informant is my uncle. I heard no insulting words used by the informant. I did not hear the informant call the defendaut a liar. I rode part cf the way home with plaintiff. Alfred Smith, a brother of the last witness, was next called and gave similar evidence, but in his cross-examina-tion said : I did not see informant fall. It was the plaintiff that told me he fell on his shoulder. I have never been in Court before. I have not had any conversation in connection with this case with my brother. His Worship here explained to the witness the danger of concocted evidence. Thomas McMiken, the next witness, deposed : I heard defendant say, " You call me a liar," and I next saw informant fall into the cattle pen. I cmnot say whether he fell again-t the cattle first. He disappeared suddenly, and I next saw him throw off his ceat. I persuaded informant not to hit an old man. Could not have heard informant say anything. Croiis-examined : A push by the hand might have easily put him into the pen. This closed the informant's case. Mr Swarbriek said the facts were briefly these : On a certain day the defendant overtook the informant driving on the Ohaupo Road. Tre informant behaved io a most insulting manner, deliberately blocked the road, and would not let him pass. The next time Mr Steele met informant he asked him in a courteous manner for an explanation of his conduct, « l.en, instead of expressing regret, he called defendant a liar, and the defendant then did what any Englishman would have done under the circumstances —knockcel him down. The informant, a younger and bigger man than the defendant, was more frightened than hurt, and ought to be ashamed to bring such an action. For the defence the wife of the defendant deposed : I remember seeing the informant on the Ohaupo Road. When I saw hun the horses were walking. I was with my husband, and we had one horse which was a young one not long broken to harness and a fast trotter. My husband had ro whip Where we overtook the informant the road was of ordinary width and was formed, and he was driving in the centre. He did not move one inch when we overtook him. W e would have passed had there been room, but wete compelled to pull up. We did not pass informant at all. ft was ejuite possible to pass him had he kept his whip quiet. H; was whipping around in fiout of our horse and would not (jive away one inch one way or another. This w continued the three times that w«

made an cflort to pass liiin. We turned oil' into MeNicol's at Liolriel, ami the informant then slowed up. My husband told him that should there be an accident lie would hold him responsible. Samuel Steele, the defendant, was then called. I remember seeing tho plaintiff driving along the Ohaupo road. When I first saw him he Mas going at a slow walk up a slight rise. I was driving at a fast trot. He turned and saw me coming and il >ggod his horses on, and kept in the centre of Ihe road for some di-tanee up the flat. 1 tried to pass him and he staited to flog the left hand horse, and his whip came right in front of my mare's face. When I came up again he slowed up a second time, and I tried to pass him, and said keep that whip quiet or there will he an accident. After we got into MdNicol'a he slowed down. The day of the tale was the first time I saw him after the obstruction on the road. 1 asked him quietly-if he was the man I met on the road, and ho said he believed he was,and I asked him for his name, and he gave it. I said why did you not allow me to pass on the road, aud he said ho was going fast enough for anyone. I next said if a man wanted to pass on the road he should let him do so, aud not force him into the water-tables and flourish his whip in a horse's face as he did to mine. He said it was a lie. I then struck him and he tell on the back of a cow, and his spur caught my face as ho fell over, heels up. Cross-examined : I was not very seriously delayed by informant stopping me and not allowing me to pa>s. I had no urgent business at McNicol's. I merely asked him his name. lam quite sure he said I was a liar. lam entitled to my share of the public road. This closed defendant's case,and he was fined the sum of los and costs £'.i ss, there being no costs allowed to the iuformant or either of the two young tjiniths.