RESIDENT MAGISTRATES'S COURT HAMILYON.

Waikato Times, Volume XX, Issue 1677, 5 April 1883, Page 2

RESIDENT MAGISTRATES'S COURT HAMILYON.

Yesterday. — (Before Captain McPhersou, J.P., and His Worship the Mayor.)

Breach of the Licensing Act. William Mylrka was charged on the information of the police with having committed a breach of the " Licensing Act, 1881," in that that he did on the 2Sth ittst. supply a prohibited person, to wit, Daniel 1). Hyde,/with,twp,,botMes(of beer. ; '■' '" " l!> ,\, *'* dergt. McGovern' prosecuted,' and it having been proved that defendant purcKalsed two bottle! 6f beer oft the 1 day named, Wfld deposed tha*t' on/the morning of the 28th', about '26 minutes after -ll f he-was standing near >the post- , office. He saw the defendant go by carrying two bottle's of beer in a basket. Having a suspicion as to where he was going, lie waited till he got to the end of the poSjt-offioe fence, and then followed ' rapidly. ' "Pound he had gone into Hyde's 'hliop. While outside the shop heard'defendant tell Hyde that he had got him into trouble, to which Hyde replied by i saying that lie would pay the amount of the fine. Went inside the shop, but could find no signs of the basket. A man named Murliss was there. Could get no information from Hyde or Mylrea. Saw defendant leave the shop subsequently without the basket. William Murliss deposed that he was ■in Hyde's shop when defendant came in with a basket on his arm. Did not know what was in it. It was popped away in a back room. Constable Wild searched for it, but failed to find it. ,< • This was the case for the prosecution. Defendant went.into the witness-box, and deposed that when passing the post- ' office Constable Wild asked him, if he was taking the beer to Dan Hyde. Said ,ho was not, as indeed he was taking it home for himself. But he had to take the basket to Hyde's, as it belonged to him, so he threw the two bottles of beer over the fence next to the shop. , Had been selling fish for Hyde thafc day. Did not know /whether, ,the bottles ,were broken when they dropped on the other side of the fence, but might have been, as he threw them with all his force. Was prepared to swear that ho did not oil the 28th give any beer to Hyde, though he had'done so frequently before. In reply to Sergt. McGovern, witness said' he could not swear to anything that Constable, Wild told him when passing the post-office. Defendant expressed a wish to call Hyde, and the case was adjourned for a short time to allow of the witness being procured. On resuming, ' , > Daniel D. Hyde, tinsmith and general dealer, residing in Hamilton, deposed that he'did' not receive any bear'from Myrea on the 23th. Did not know what became of the bas>ket ; had not seen it since. Remembered seeing Constable Murray iii Hamilton East, later on the same day, but could not re6olleofc the con-; versation that passed between them. ' Constable Murray, called by the Bench,'deposed that he had a conversation'with Hyde on thei 28th, when he told witness all about the 'ease.. ,He remarked that he had " slued'" Wild, but had consumed the adjective beer all the same., . , „ Capt. M,cPherspn said tlie case was a most perplexing one : It was quite evident that some people had perjured themselves thoroughly. The Bench considered the case proved, partly by the evidence, find partly,by defendant's own admission that he had been in the habit of supplying grog to; Hyde,- and they would inflict,a penalty of £5, Defeudant asked,for timo ,to pay the , fine. 'If lie were sent to gaol' be would , have to walk ninety miles back, with only a shilling, whereas, if he were allowed time, he could pay,the money. Capt. Mcl'herson said tlie matter was in the hands of the police. ' Sergt. McGovern said he would jet the' law take its course. Had ho not not cautioned the defendant so often lie would be disposed to deal leniently with him, but he had repeatedly broken the law.

Aggravated Assault. John Hall was charged, on the 'information of William Henry Kelly, with having, on the 31st March, violently assaulted him in his own house, by seizing him, throwing him down, and afterwards striking him. Mr O'Neil appeared for the informant, and having briefly detailed the circumstances, of the case, called William Henry Kelly, who deposed that he Mas a carter, residing in Hamilton East. On the 30th, defendant, who had been working for him, and whom he had discharged, asked him for the amount of his wages. He s.ud he would pay him the next day, provided he saw a certain person. Next evening defendant called at his house, while witness and his family were at tea. Said he had not seen the peisoujspoken of, and could not, therefore, pay the money. Thereupon defendant called him •» b liar. Witness said that was no language to use before children, and told defendant to go away, instead of which he caught hold of witness, pulled him down and struck, him. The marks on his face were caused by defendant. When hitting him defendant used very bad language. After, the assault he informed Const.ibleMurray.' To the bench : Had no high words with defendant on the 30th. Had told him on the Monday previous that he was' not using'the'horses properly.. ' ■ ' By defendant : Discharged you on the' Tuesday previous to the 30th. James Kelly, a lad, son of the informant, fully corroborated his fatlier's evidence. Constable Murray, sworn, said the informant came to him on the evening of the 31st. One side of his face was covored with blood, and he seemed to havejjeen badly assaulted. Had accused 'remained inthe township witness ' would certainly have arrested him, as the assault' did not appear to have been an ordinary one. ' i This was the caseifor the informant, t , Defendant went into the witness-box, and, being rsjworli,*" made a statement concerning the business l'elations of himself and informant. On the evening in question he went to Mr Kellys house and tasked, civilly for his wstgesj which were gruffly refused.. After some further disputes, the iriformant called him a liar and he t retorted in the same strain. Kelly then rushed at him and struck him and he, struck back, knocking the informant down. The informant and "his son were recalled and contradicted the defendant's statement in the most positive manner. ( Captain AlcPherson said neither his brother' justice nor himself was in-the habit of giving lectures from the bench, but they could not help remarking on the brutal nature of the assault. They w£re determined to put this sort of thine down,- and would fine the defendant £5 and 'costs',' "with the alternative of one month's imp'risoriment With hard' labour iv Mount Ederi:gaol. K < '' j ..Defendant applied for time, and thb : bench! granted him seven days in. which to find the money. ' s Several civil cases were adjourned till next Court day.

A. public meeting of the ratepayers of Cambridge will foe hejd in the Public Hall orl Monday nwfif, to consider Mr^Errington's report on_the water supply, and to^ raise fufl'dsJtcC-Unlarge and' improve the library buildinff. „ . , , ~ ,v, v Tl ~ i Messrs 'W. J; Hunter and Co. will sell at Ngarpawabia on the 11th inst., steers and ■mixed stores. AtCambridge on 7th,' the^> will -^eUhoi-sps, lee.", " , , , j ■'' ' "> , Mr J. S. Buckland haa< for' sale,! jori arrivaLfrom Napier, thtec-quarter bred and Cotswold wethers;,4and,6.toothis ,'^> , ~r » jt j . Mir, JoHn Knqx willVell "it 'theMilj \ox( 'Au«i!«on,i4art, on* Skixxr&a.yV&v^ half-cHests ■■toX.Ufavrli;. &ucks;' l .p6tatac», : cheese, • 'apples, futn^nro^YJflllD, ;> - ,'-'hu nril ' it