MAGISTRATE'S COURT.

Cromwell Argus, Volume VII, Issue 316, 1 December 1875, Page 2 (Supplement)

MAGISTRATE'S COURT.

Friday, December 3, 1875. (Before W. Lawrence Simpson, Esq., R.M.) A slaughtering license was granted to A. Kitchie for his premises, Doctor's Plat. James Corse, was charged on the information of Max Gall with having, on the Ist instant, used "profane and abusive language" towards the said Max Gall, calculated to provoke a breach of the peace. Mr Johnßton appeared for accused, who, owing to illness, was unable to attend personally. Complainant gave evidence in support of the information, deposing to the use of vile language unfit for publication. He was passing the shop of Dr Corse when the alleged circumstance took place, and gave no provocation whatever. He called E. A. Drury, from whose evidence it appeared the cause of attack on complainant was a letter which appeared in the Southern Mercury of last week signed "Medical Student," and headed "Quacks." It was shown that complainant was not the author of that letter. For the defence, Arthur Fuller was called. He deposed to having been on Dr Corse's premises during the time the language complained of was said to have been used, and swore to never having heard any such expressions. He saw complainant pass the shop, and at that time Dr Corse was sitting in his shop, and could not have made use of the language imputed -without witness hearing it. He could not see Dr Corse, but could hear if he had moved. The Magistrate in giving judgment said that the only evidence for the defence was of a negative character. Were he to take the statement of Mr Fuller as evidence that defendant had not been guilty of the conduct imputed to him, he (the Magistrate) must believe Mr Gall to be a conspirator to injure an innocent person. But it was quite possible for the offence to have been committed, and yet Mr Fuller's testimony be in the main correct. The great weight of evidence was in favor of the complaint, and the Bench must find Dr Corse guilty of the charge.—Fined L.5, and costs. CIVIL CASES. C. Colclough v. Frank Foote.—Action to recover L.4 10s 9d, goods sold and delivered.— Judgment by default for amount claimed, with costs, 10s. C. Colclough (Town Clerk) v. John Marsh.— L.ll 18s 6d rates. Mr F. J. Wilson for Corporation ; Mr Marsh conducted his own case. Evidence was given as to striking of rate, and serving on defendant the necessary notices. For the defence, Mr Marsh pleaded (1] That the Gazette had not been produced showing the probable receipts and expenditure of thi Cor*

poration, which must be published before i rate can be legally struck for the ensuing yea ; (2) That the appointment of collector had no been produced ; (3) That there was no proof of ownership of property on which he had been ued ; and (4) That he had been already sued for rates for the year 1874-5 in respect to other pioperties, and the Corporation not having then sued for those now sought to be recovered mut be held to have shut themselves out from further action. Mr Marsh deposed that a numler of properties for which he was now procjeded against were not his property; while in tfchers he held that the tenants were the proper pirties to assess. Mr Wilson argued against defendants' pleas. Before he could plead non-proprietory he should have pointed out to the Council where the errors had been made so that they could be rectified. Not having done so, the complainant had a light to assume Mr Marsh accepted the ownership. Argument was also gone into on other pints raised by Mr Marsh, and the Magistrate reserved judgment. Monday, December 6,1875. (Before D. A. Jolly, Esq., Mayor.) Frederick Garthwaite was brought up oi a charge of lunacy. Senior-constable M'Gann leposed to having found Garthwaite in a very •violent state at the Gorge on sth inst. He wasin convulsions, and it took five or six men to bid him. Since he had been in the lock-up he hd improved, and was apparently sane. He hsd one fit since his incarceration. His illness wis not due to drink. He was not dangerous, aid appeared all right when the fits were off hin Dr Stirling had agreed to take him into the hospital for treatment. He (the constable) wouli therefore apply for his discharge.—Discharge: accordingly. James Welsh in reply to a charge of drunken ness on Sunday the sth inst., pleaded that as a cure for sickness he had taken too much brandy which overcame him.—Discharged, with a caution to be more discreet in future.