POLICE & WARDEN’S COURTS

Dunstan Times, Issue 341, 6 November 1868, Page 3

POLICE & WARDEN’S COURTS

T CLYDE. (Extended Jurisdiction.) Oct 30. (Before Vincent Pyke, Esq., It. M., and James'Hazlett, Esq. J. P.) Donoghue v Larkins—Claim for £43, balance of account. Mr. Bailey for p'aintif!; Mr. Cope for. the defence. Do fen ant pleaded not indebted. Verdict for defendan*. Nov. 3. (Before Vincent Pyke, Esq., R.M., James Hazlett, Esq., J.P., and J. D. Feraud Esq., J.P.) Ihe business of the Court required to be adjourned for one hour, in consequence of the Clerk, who resides at Alexandra not being prepared to take down the evidence. The Court being duly opened, another hour was lost m the preparation of papers, and it was one o’clock before the business could be proceeded with. The Honorary Magistrate’s attending, expressed themselves much dissatisfied at there being no resident Clerk to the Bench at an important place like Clyde. Th e Queen v. Patrick Barnett and Peter Flannery, Unlawfuly and maliciously inflating grivous bodily harm on one Charles Story, contrary to the statute in such case made and provided for. The' evidence was gone into at consi erable length and lasted until seven o’clock p.m. Case a 'journed for Ee.veh days for the evidence of Story, who lies dangerously ill fr un his wounds. The accused were reman 'ed, accordingly, we deem it inadvisable-to publish the evidence until the case is finally disposed of. Thursday, Nov. 5. Mr. Bailey applied for hail for Barnett and' Flannery, but was refused. •

ALEXANDRA,

Nov. 2. After taking his seat on the Bench, Mr. Fyke said : Before.commencing the business of the Court, I have to make a few remarks respecting a published report of the proceedings of the Alexandra Municipal Council. The members of that body, it seems, have taken it upon themselves to hold a special meeting for the purpose of censuring my conduct, their alleged grievance being my “repeated absences” from this Court. Now I wish it to be understood, once for all, that I do not hold myself amenable to the Municipal Council. I am not their servant or officer. I am the officer and servant of Her Majesty the Queen and of the Government of thecountry, and, so longas I have the honor to hold Her Majesty’s Commission of the Peace, I certainly will not submit to municipal supervision, unless I am otherwise over-ruled. In the course the Council has thought fit to pursue they have altogether stepped outside their functions. As citizens, I entertain the highest respect for them, of course ; but, as Councillors, 1 decline to admit their assumption of the power of control or the right of criticising my conduct. As to my absence, it was well known that I was absent by permission of the Government (I stated so much in open Court the last time I was here), aud equally well was the purpose ■and cause of my absence known. But, the singular circumstance is that, at the date of the special meeting, there were but two cases awaiting hearing, and those cases were entered in the Court only on the previous day (the 14th), And on the day of my return to the district (the 28th October) what was the state of affairs ? In tho Resident Magistrate’s Court there was riot a single case set down for hearing. In the Warden’s Court there were just two cases set down for hearing. The assertion that neither miner’s rights nor summonses could be obtained is also an unfortunate one for the Council. I am assured-.by the Clerk of the Court that, every miner's right and summons applied for had been issued. What then becomes of the allegation that the public have suffered serious inconvenence my absence ? Why, it resolves itself into empty nothingness, and fades away like a mirage. The Municipal Council must have been misinformed, and, when they learn the truth, they will greatly regret their precipitancy ; and, as “good oft-times cometh out of evil,”l make no doubt but that they will hereafter exercise more caution, and make themselves more fully acquainted with facts, before

’: A‘~ ' ’ CROMWELL, •?' October 25. (Before Vincent Pyke, Esq., R.M. and James Haxlett, Eq., J.P.) , Police v. Williams.—Goats wandering. Fined 2s. 6d., and Costs. " * ’ ' Same v. Goodall.—Goats wandering. Fined 20s, aud Costs, defendant not appearing and expressing his intention not to do no. . r ■, Same v. Thomas—Goats wandering. Fined 2s. 6d. and Costs. Same v. Booth.—Goats wandering. Fined 25,6 d. and Costs. Starte v. Marsh.—Debt, £l3. Struck out, no appearance. Corse v. Patton. —Debt, £4 65.. Judgment for Plaintiff. Maidman v. Hair.—Debt, £5. Decision reserved till next Wednesday. Isaac Hallenstein and Co, applied for Wholesale Spirit License. William Parcell applied for a Slaughtering License. Nov. 2. (Before James Hazlett, Esq. J.P.) Kato O’Reilly, • alias Jesse M'Leod, charged with vagrancy, remanded to 4th. instant. (Before Vincent Pyke, Esq., Warden.) Smith v. Reid, and another. - Unlawful interference with head race. No appearance of cither party. An injunction grante 1, was dissolved. Twenty four un’mportant Mining applic - tions were disposed of . November 4. Police v. Kate O’Eielly alias Jessy M,Lcod, charged with vagrancy. One week’s imprisonment, Same v. Jane Wilson, vagrancy. One one month’s imprisonment. Same v. Same, exposing liquor for sale. Withdrawn. Five children, of ages varying from two to seven years, were ordered to be sent to a Reformatory. Same v. M’Longhlin, Resisting Police Maidman v. Hair, debt £5. Dismissed.

BLACKS. Thursday October 20. (Before Vincent Pyke, Esq., R.M. and . J. G. G. Glassford, Esq., J.P.) Six cases were heard in the Resident Magistrates Court, One man- Patrick Knoll —received cumulative sentences extending to five week’s imprisonment, with hard labor, for various acts of rowdyism connected with the late races. Patrick Barnett and Peter Flannery were charged by the Police with violently assaulting one Charles Story, better known as German Charley.—accused remanded to Clyde, Story being an inmate of the Dunstau Hospital suffering from injuries re. ceived.