RESIDENT MAGISTRATE'S COURT.

Wanganui Herald, Volume IV, Issue 1097, 20 February 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

; Monday, February 20. (Before Walter Buller, Esq., R. M.) DRUNKENNESS. Robert Rogers charged with the above offence, was fined 20s, and costs 4s, or in default, forty-eight hours' imprisonment with hard labor. ASSAULT AND ABUSIVE LANGUAGE. James Loraax was charged by Frank ,W. Evans with having assaulted him, and also with having used abusive language calculated to provoke a breach of the peace. F. W. Evans—On the evening of Wednesday the Bth inst. I was proceeding from the office to the ferry, when defendant accosted me, demanding £l; I said I would not give it to him; we had an altercation about a wager, and he called me a low scamp, and that " it was impossible to insult a thing like me ;" he also said, if I had my deserts I should be walking the streets with a red jacket on ,• on my attempting to leave, defendant placed himself in front of me, saying he had not done with me, and intended to have that £l; I attempted to move on but defendant put up hie hand and pushed me back ; I told him not to do that again ,• he then raised his fist and made a feint of striking ; I drew back and went down the jetty ; he followed me into the ferry boat, using abusive and threatening language, saying that if I did not give him the £1, he~would

give me a kinkY I left the boat and he followed me again up to the corner 5 I went towards the Market Square. Cross-examined: by defendant—l do not acknowledge having a £1 of yours; you had a hammer headed whip in your hand. Edward.Lockett—l was present when an altercation took place between plaintiff and defendant about £ I ; I did not take much notice, but I heard defendant use abusive language; I did not see any assault. Joseph Villfers—About twelve days ago I heard an altercation between plaintiff and defendant; it was about a pound; there was a little abuse, but I considered it more bounce on the defendant's part to get the pound ; when Evans was going away, Lomax put his hand on his cheßt saying, I have not done with you yet ; it was not a blow ; some abusive language was used by Lomax but uothing very serious : I thought it was a friendly altercation ; I heard defendant say you ought to be wearing a red shirt if you had your departs ; I do not think he attempted to strike with his fist. H. B. Roberts—l know the parties in the case ; I wa* in the ferry boat with Mr Lomax some few weeks since, he said something about a pound, but I did not consider what he said was in earnest; I thought it was all " rot." Matthew V. Hodge—l know the parties ; I was in the ferry boat with the last witness and defendant, and heard defendant say something to the effect that he had grievance with Mr Evans about a pound ; I considered from his words and demeanour that he would " warm" the plaintiff on the first opportunity ; I saw the plaintiff shortly afterwards and told him that he had better look out for Mr Lomax or he would do something to him.

The defendant called no witnesses. The charge of assault was dismissed, with costs 27s 6d, the evidence adduced not substantiating the charge. In the charge of abusive language the evidence of Edward Lockett was taken, which proved' that abusive language was used by the defendant. Fined 20s and costs 30s. civil. , . ...

H. Wilkinsv W. Sandell. GJaiin— £1 14s 4d. Judgment by consent for amount and costs. - H. Wilkinsv Charles Endeby. Claim —£4 6s lid. Judgment ex parte for amount and costs. Richard Streeter v W. H. Scott. Claim L 2 Bs. Adjourned till to-mor-row.

(Before Walter Buller Esq. R. M., and W. F. Russell, Esq., J. P.) An application for the transfer of the licenseffroin Mrs Atkinson's for the Wanganui Hotel to|Mrs Dunleavy was granted Application for the .transfer of license, from Mr J K. Price for the Ben Nevis Hotel, Turakina, to Mr Gleeson was granted.