Resident Magistrate's Court.

Clutha Leader, Volume II, Issue 86, 2 March 1876, Page 5

Resident Magistrate's Court.

Balclotha, 23rc_.F-_r.ua_y,. 1876. . .... (Beforo J.B. •Maiiiarfd.'BM-", -Ut) ; ' . ... ;.*.•;-. i}_jGiKA..y. ; C4sswEii&. ;; ■; j *-.;,->,•"; .Charged with stealing* shirts, value £7. 105, tho. .property "of hi>> employers', Messr. Scdbi'e Bros. V '. :Mr Walter Taylor for., the Crovyn.i „ ,- . . ... ; , ,, 1 • ]\JLr Donald Beid "foi* the accused. • '' ■" "-'-"'' ' .■ vThis!case.had been from Tokdmairirb ; to the Resident Magistrate's Court, -Balclutha. '"jThe first witness ; '6allbd ; 'w^s Robert Scobie, : storekeeper;, of Clinton. .The evidence given by « this' witness was materially the same ' as that giveii on the *9th inst.' . ■ ■ •-.'• "•■-■*

In cross-examination by Mr Beid, ihe witness admitted th'afc ! the 'accused bore a- 'godd'dhara'cter>' for gentlemanly .behaviour, throughout the. neitth-, Borhodd.' 'He' could riot -'recollect 'the exact (late 5 on which' h,e,had any.'conyersatiori .with Bing,' Harris, .and Co.,, upon the subject' of the missing shirts, arid was under the Impression, up to tho time of tlib bale being rerribv .d • from under the - counter, that. the shirts;hi>.d been 'lost or had not. been sent. , Was quite certain, that the statement had been iriade by the accused as td his intentionot selling, the shirt's • and ' realising upon them; ' He| achuitted that in cases/of this, kind he. was: naturally excitable. ..He had occasion to correct the' prisoner at different times'm cases. of a busi- ' ness nature. He had left the accused in charge . of tho. store . foi" , seven or eight days at a time, when he and his brother had been up-cburitry on business matters, but his wife 'had always re-' mained. behind, having absolute 1 charge. •; Had' always found the accused, honest and straightforward up to the time" of ' theso 'shirts being removed. Had 'had conversation w'itli;Mr Kriox respecting a 'youagi.man for his storeat'Wai-. pahee. . .He • told him thp accused was leaving him and" going- 'to . Melbourne, 'and, expectedtd have'.£2oo : with-him on his return, and he might have, stated to'Mr- Knox that- he believed him honest and straightforward.' Ths 'conversation, took place shortly before he discovered the shirts had been taken.- ....;. ■ :.. Mr Peter Bankin, tailor, .. Clinton, .was: next examined. His evidence in examination was' the same as' that given at the' last hearing of the case. In his cross-examination by Mr Reid, he admitted haying, had conversation with . Mr -Scobie since the alleged robbery was discovered, and on the Monday following he told Mr Scobie'. that Carswell had removed the shirts to his house for the purpose of returning them to Bing, Harris, and Co., and Mr Scobie said ho had made the same excuse to him, but that .it would not stand good in law. „ Witness had known Mr Scobie for eight or nine months, and would consider him a quick tempered man. ; - No further evidence was called for : the prese T cntion, and Mr Taylor contended that a- prima facie case had been fully made' out. " ' * After some remarks from' Mr Beid, in which that gentleman contended that no case had been shewn, : . '„ . . • - , ' ...,■•, His Worship asked if the prisoner wished, to make any statement similar to that made at the last hearing of the case. . This the accused did, with but a slight addition.- He stated that the assertion made by Mr Scbbio that . ihe would, allow, the matter, to rest over till the Sunday morning, he emphatically denied. The last words used by Mr Scobie were tb the effect' that the only grounds upon which lie would listen to anything from .him (the accused) was that he should call, in- the, four witnesses — Ormsby, Young, Grant, and Murray — apologise to him, and admit in their presence that he had removed -the parcel with the intention of stealing it. which lie, (the accused), refused to comply with: '. ''• ■ ' ' : His Worship regretted that it was his duty to commit the accused . to take Iris trial at the next sitting ©f the Supreme Court. Bail aws admitted in the same amounts as on the previous occasion. • , A hawker's licenso was granted to Alexander Pollock Scobie, of the firm of Scobie Brothers, Clinton.

STBWABT & GOW V. MAn ER. . ■ , Mr Reid for plaintiffs. Claim for £70, amount of dishonored Bill of Exchange find Interest. ■ ■ ' Defendant admitted the debt. Judgment for amount claimed, with costs 255, and professional fee's.

SAMF, V. ING-IS. , ' - . .- : Mr Rejd for plaintiffs. . ;..,'. .. , Claim, for ._3s.3s.,\amouut ., of .dishonored Acceptance with interest.. ■ --.'.-' '- '< There' was no'appearalicb of defendant. - ■ ; Judgment'!*^.) plaintiffs with; costs,- 25s and professional fees. •?---.. - - ' sajih' y; ' 'TjAtimore; ' '. .■' v -' ; Mr!Rerd for plaintiffs. ' -. Claim for £40 3s 6d, amount of dishonored Accopt'ance.^i.v,•' ; . " TFVero was:mo appearance of defendant. . Judgment for plaintiffs with costsj 255, and prof essional foes. , *..<__, SAMK""V. OTiATtK'.-.^. . [ . This case had been settled oiiif 6f Court! . . .- , .- SAME V.' CRAWFORD; ' , ... ... Mr Reid for plaintiffs. . ■ : Claim for £60 6s, amount of dishonored Acceptance with interest,- drawn by Alex. M'Duff and. endorsed hy.drawer to holders,.' Judgment for amount with costs, 255,: and pro•fessiohal'fees.

v ' .' RAM,VG_V. DT3LGATTY. ' - ' - '■ Claim for, £4 10s, prico of lamp...; . . • . , Judgment for plaintiff for amount claimed "and costs 17s. . - : ' - . ' ' " - - ! '

GAR,r)J_N.& YOUNG V. EBBITT.

Mr Reid for plaistiffs ; : Mr .Taylor for, defendant. Claim for fillptSs 2d, for goods su))plied; Defendant pTeaded ; not indebted. ■ ■ ' - Mp. Reid -applied for; an a.meiidmentin the tptal,, there- having. been an, error in the addition,. - iSe vcr al witnesses "were examined. ' ' ;-f jjjidgment was given fov plaintiffs for £18 7s |Btt, and cjosfcs 20s, r in ; addition to professional fee.-Vv-i ! Gj(bden' k roimfi v! kirby. '.'.-' '.Mr Reid for plaintiffs ; Mr Taylor for defendant; , Claim for £56 :12s 5d for goods, suppliedr, : : , ;. .. Defendant pleaded ; not indebted.; ,y\ This 'case was adjourned fer three weeks,' owing to the' absence of several important witnesses. -"' •

, ; March 1,!-1876. BASSETT V..WAT.TS,

Case 'of

i Mr.,Ta,yl or. ; for, ''the;; defendant, t who, .; pleaded not gujlty. -„.;> .;. • >... , y ■ ! Bassett stated that'he' was the qb'm : ' mercial room of thoißail way Hotel, Stirling,' - r ori ■ . Thursday, the f 2oth insiiant^ to -speak]tp ,t> gejitle-1 ' niaii." The defendant topic off .his; co^£ and rushed, : at withess,rat the'yame'tim'i;en(iVa.v6ringtot3lose i "the. door.-; rDofendantstrucK witness bnltheibacfei .of the .neck. ..,,,. . ' „/.. '.^yyy '■';, ,'-,.-„•'-*:,.. ' :Examin_d by Mr^Ta^lbr : 'Stat^.thati^Taiv rbot was a! bailiff : put'imbn accoiin't/bf T-sAW^TI^S'. defendant put the. bailiff ; out,/; and i^a^shimsfilfi struckby defendant,; f in,^he ( ■street, f .^lu's^jtopk. "placn" biotween S.arid 6 m* th_' I T_v__.ing!: , 'lTh_" ; .-.'^" rf endant heldsth'e hotel underdease^frpm _?asjett'.»,{ Alfred. Jphp Talbot' Statedjlid was l at,/fche-&il^ way Hotel- on the ; 24th instant,* under aHvaijranit. 'of ddistrait from Mi- i Cbbk: ? : - 'Sblict fe. ,;[ J^ftn^jin,^ ,He : intended . i toojotnrn3tor?_)__,esi_c';\'fi__\^si._lep .. eyeniug, , and endeavpredjto^ make.; aryan^niei^ts^ ' with' Mr Watts to' preyent u "puttin_^a^.TonW vpossessiori.' .Saw ; ldef^eiid_nt-sffik_-plaihtiff Snlthe^ side of the:head-.r) Tiefjanilajit and saw ,,hi_a. strike .plaihtifi outsido/> f yyyy ' . Pet : 4r'Camerbh , : , Was" a't'ttt. Railjfay TJpieTjml the^24th." 'He saw veryiittlefdf-?th-saffair-.< r6Didnot'see the defendant str}ke. : !pj^uitiffij]but'fsav^; two men trying to^kepp them'-separate. ~y,t; -jf- ■-: I Hbwarcl SMtlfV Was Win. hbiy^bStffc'yrxin:, ;theeYening!bf'th-;24th;{fii-tani*iafell!s^ , forcibly ,turn~the plaintiff^gut r ; iljut^af j^ ; .tliejbpd'i ; ' of , the! affair all parties madje -it; . u^in^ft-encUv^ v"-Avay, .'ab'd'ha.d a? paftiAg^^gtass^ ''in^thj^flsSfc'Sv^He-l fdifl, not.see def en.dani%st.ril?ef ß^ss^tt.^ siifil! 4iih«^i I | William Watts;' the d,ef en daflt^-ta.te^V: Tliati' ;he waV« t e'nan t 1 .f 5 . Mr '!'_&__.■?_. ' 'He bad' f rei' P qiiently 'tried - t6;/fte6'p" r Sassett liwSyJtf^ml the!?---j hotel. '<) On .the,- morning; 'o| 4 th,ej 24$ii^ripstantirbjei.heard'that^BassetiS/was going a^ufc-.theneighfe^} 'hood to ffricl "a v r_ati to ! pui; J in p6s's'fi|an. J ;Wiip.ess.r l 'admitte^d'Hhati;he;stcuol_ fttudefehdii'ntV^^infi annoyed with. his* conduct for,. rft flopg' i^nm=pas^ ;! At' the concTusipu I^asseU.^^^ "iaffair' t w)i_ lt setti__.P ;fiystf;pD,^ined;fth_-;li,cpnßQfth i Ben eh to, kc'.p. the plaintiff, ,ou £ pf, \<thp;lrouse^ f He". 'denied having ..used the language r unputedV,!, by nßai_etV:3v:,a UYpyyifyt-fiii) oiif%;^ss^ry&

.. I ,Hi|r!] .W.9rajt I B?^ efl yr.9ft?P! ra^ 'O^lJ^fe^.paSfiSL wasjnc^ned^ta tMpk "had 1 .b^n'bf'aninMgmficarjt 'mpiirejWd.vfineH?] the" defendant 40=!, and witnesses' exporiEOS 33s; ;] ■ in addition to 14a . costs of Courf-. - -.'; .