RESIDENT MAGISTRATE'S COURT.

Wanganui Herald, Volume III, Issue 532, 15 February 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before Walter Buller, Esq., R.M.) ASSAULT AND BATTERY. Thos. Chambers v. Joseph Chadwick. The defendant was charged with assaiilting and beating the plaintiff on the 10th February.

Thos. Chambers said: On the 10th inst. I met 'Mr Chadwick at the ferry, and I asked him if he remembered owing me 2s 6d for cartage ; he caught me by the ear andi nose, he used abusive language, called me a robber, and said he had paid me before.

The defendant said : About 2 months ago the plaintiff called and asked me for 2s 6d for cartage ; I then told him I had paid him; about six days ago he met me opposite the Albion hotel, and I said, T paid you before, but I'll pay you a<rain, and I gave him 2s6d; when he asked me again T did try and get hold of him, but I did not assault him. < The Court said nothing would justify the defendant in committing the assault. Fined 5s and costs. MILITIA CASES. The following cases were preferred by John Kells for absence at parade on the 3rd Feb. Walter Churton said he had received a notice when he was in the cavalry, but he had received none since. The cavalry notice being sufficient, he was fined Is and costs. John Kerney said he had not received a printed notice, and was on duty with the small-pox case. Charge withdrawn. Thos Dickman said he never received an actual service notice. Defendant was fined once before. Adjourned to Saturday. John Sharp was fined Is and costs. Thos. Wilson said he thought as he was efficient he did not require to attend. Major Noake said as there was a misunderstanding he would like that the defendant should have the benefit of the doubt. Charge withdrawn.

Geo. Flyger. Sick certificate. Charge withdrawn.

Wm. Flyger. Charge withdrawn. Jos. Mills «nd he was laid up for ten weeks with a sore finger which he had received at the Wereroa redoubt. Charge withdrawn. °

James Stevenson. First offence Charge withdrawn.

F. Young not appearing, and the active service summons not being proved served, the charge was withdrawn. John Anderson not appearing, Se.r-geant-Major Bezar proved the service of the summons. Major Noake asked the Court to deal leniently, as he knew the defendant to be a good man in attending to his militia duties. His worship said if the defendant had heen present and pleaded to the charge, he would no doubt have, got off altogether. He would inflict a nominal fine of 5s and costs.

ASSAULT AND BATTERY. Im. Wallace v. Thos. Quinlin. The defendant was charged with knocking the plaintiff down, and kicking him at Nukumaru, on the 7th inst.

Wm Wallace sworn, said: I was in the employ of the defendant, and on the

hh inst., at ne knocked me down because I asked permission to leave ! c ..kickedl violently in the ri>s;;. he.kicked;me three or four times, until the men m the camp called shame on him-I had had one or two pints of beer; I was disabled for a day or two, ? n& un-anle to walk ; I gave no provocation.^ Thej>laintiff here handed in a paper from the Colonial surgeon, statins? it he had been bruised about the ribs", and was suffering pain. By the defendant: I was not drunk, and did not use abusive language: was not ablising the officers tha f d i ! was no t fighting in camp. The defendant pleaded that the plaintiff was drunk in camp, and that tvt • n. • t • j \-l j. v. Major Gumming complained that he was abusing every one.

Mr Buller said be had received two lett(?rs from officers whom he respected, Plea?™° .th * case of, Q«^ he would not allow any letters whatever to influence him. The plaintiff came before him for justice, and the case of a poor man would receive as much considera- *\ on in,* at ?""* as ***** °*ah man' ne °f the letters said, " Quinhn gave Wallace a devil of a licking," and his Worship wanted to know if that was in favor of the accused. Fined 40s and COS • ; ■ I j^c*?,°PPc *?*' *?* "?"? UV^ Z* end to all similar attempts to divert the curret]t of justice. We cannot feel a sympathy with the manly courage of an. officer who could gloat over a brutal kicldn S in the "^s.-Ed. E. H.]