MAGISTRATE'S COURT, TE AWAMUTU.

Waipa Post, Volume I, Issue 46, 22 September 1911, Page 2

MAGISTRATE'S COURT, TE AWAMUTU.

(Before J. G. Elmsly and G. H. White, J's.P. ■WEDNESDAY, SEPT. 20TH, 1911. PROHIBITION ORDER. On' the application of the police (Constable Lander) a prohibition order was issued against Harry Rae, of Te Awamutu. There was no appearance of the defendant. THEFT. Te Mungo, of Kihikihi was

charged by the police (Constable Ryan) with stealing a sack of potatoes, the property of another native. The accused pleaded not guilty, and after evidence was taken the case was dismissed.

BREACH OF THE PEACE,

Charles Crook, of Tautari, was charged by the police (Constable Ryan) with behaving in a manner at the public school, Tautari, on August I2th, whereby a breach of the peace was occasioned. The accused pleaded guilty, and was convicted, and ordered to. pay the costs 7s. ASSAULT. Win. Arch ;■ was charged by the police (C stable Ryan) with assaulting j Jiitrap at Tautari on Augu „i.,t. Mr J. C. Finiay appeared for the defendant, and pleaded not guilty. James Giltrap, farmer, of Tautari, stated that he rented two rooms from Archer, and at about 7 p.m. on August 31st was writing in his room when Archer walked in and said he would kick him. While still sitting down he was struck 3 or four times on the head. He then left the room without the least opposition, but when at the front door was kicked down some steps. When going from the door he was again struck with probably a stick. Archer then kicked him until Mrs Archer intervened. That night he slept in an outhouse of a neighbour, and next morning moved his furniture. Later he informed the police at Kihikihi of what had taken place. F. Weir, of Tautari, stated that at about 8 p.m. Giltrap had come to his house and asked for accommodation for the night, and had been offered a bunk in the sitting room. This he declined as it v/as too cold. He had also endeavoured to arrange for the removal of his furniture, but was not successful. Next day he saw Giltrap helping to move his furniture, and could see no limp or any effects from his assault. Constable Ryan, of Kihikihi, stated that on September 4th he received a letter from Giltrap to the effect that he had been assaulted by Archrf on August 31st. When goiiMto Archer's place on the he met Giltrap limping along the road. Mr Giltrap had several wounds about his body, many of which seemed very painful. The defendant and his wife were at the house. He questioned the latter as to whether the complainant had in any way insulted her, to which she said " no." Later she said there was some little trouble, and she had written asking her husband to come home. After a further conversation he took the complainant to Dr, Henderson for an examination of the wounds. Dr. A. Henderson stated that the complainant had been brought to him, and an examination showed several wounds about the body. He was not seriously hurt, although it was advisable to send him t > the Hospital for treatme""

Mr G. P. Findlay, counsel for the defendant, addressed the Court, dealing with the nature of the offence. He admitted kicking the complainant down the steps, but did not admit striking him while sitting at the table. The evidence went to show, that the injuries could have been caused by the complainant falling heavily. He considered the accused was justified in kicking the complainant out. Letters produced showed that an attempt had been made by the complainant to induce the accused's wife to leave her home, and the. insulting language which had subsequently been used had been sufficient to provoke any man. Wm. Archer, a farmer of Tautari, stated that Giltrap was a boarder for 3 weeks. Before 31st August he received a letter from his wife asking him to come home, as she refused to have Giltrap, who had used insulting language to her, in the house. On arrival home he found his wife much distressed, and had told Giltrap to leave, but had not hit him. He had certainly thrown him out of the door.

Questioned bv the police he suggested that Giltrap met with injuries by coming against wall. He did not knock on enter-* ing the room. lie had seen letters on Sunday before, but had hoped Giltrap would leave as the time of expected tenancy hud expired, hence he had not spoken before.

Mrs Archer stated that Mr Giltrap was living at the house about the end of August. There had been trouble between Giltrap and his wife, and after his wife left he had gone about like a madman. Giltrap had used insulring language, and she had written to her husband asking him to come home. Had seen no blows struck, but heard a noise \\ hen he was thrown out. Lates she had seen Giltrap kneeling by the bay window, but did not see her

husband kick. him. Next day' Giltrap had helped load five loads of furniture and did not limp. Giltrap had asked MiArcher if he could spend the night there and Lad been told he could, but must go next morning. Had seen him Sunday morning, and he then limbed.

Questioned by the police she remembered the police making enquiries, also having had afternoon tea with Giltrap that same , afternoon. \ "\£

In summing np the presiding justices considered it a most peculiar position, and could not see any just cause on the part of the defendant for the impetuous action. They convicted and fined him £1 and £6 17s 6d. Thursday, September 21st, IQTI.

Before G. H." White and H. Irvine, J.P.'s. On the recommendation of Drs Henderson and Reekie an elderly man, a resident of the Pirongia district, was sent to the Avondale Mental Hospital for treatment.