RESIDENT MAGISTRATE'S COURT, BLACK’S.

Dunstan Times, Issue 618, 20 February 1874, Page 3

RESIDENT MAGISTRATE'S COURT, BLACK’S.

- o Tuesday, Feu. 17. (Before W. L. Simpson, Fsip, E. M.) Chappie v. Hailey, —Ckim W. Settled out of Court. Bell v Sayers. —Claim 107., breach of contract. Defendant did not appear. It seems that defendant agreed with Mr. Bell’s manager to undertake the cooking for the shearers and others employed about the plaintiffs wool-shed, at Ida Valley, during the past shearing ; and, from the fact of the def emhint being a professional cook, tbe plaintiff desired to retain bis services. Dcfirdint qjiais to have entered upon bis duties, and to have lemaired tvoor tl.ue days, v.lan ho disan--1 prated, I laii I’d ei (traveled to obtain ai otlx r toi 1: ; 1 ut failii g, had to employ an ordinaly hand Evidence was adduce I. proving that gre it dissatisfaction was expressed by tlie shearers a id others (forty in •all) at the cooking, and it was shown that it was not the fault of th° material, but of the i reparation ; and furtbir, that g.eat waste vas consequently incumd. The plaintiff said the cb ranges sustained were put down to waste and inconvenience. Judgment was recorded for the amount claime I and costs. Mellon'y. Malory.—Claim SI. Koapjcaianre. Struck Old. Pitches w. Smith. Summons not served. Frith fi nin ciT R to issue. Same v. j iikson.— Claim 19/. t's. Withdrawn. Wilson v. Cyan. —This was a summons under the Resident Magistrates’ Act of ISOS, frr an nmathfied judgn cut under 10/. Defendant appeared, and was ex. andned as to his property and the disposal of the same. Nothing, however, was hi ought out to justify the Bench m punishing him ; but at the same time (ho defendant was ordered to pay tbe money within a month, or fresh summons to itsuo. Police v. Middkton. BrsrstiTg the police in the execution of fluir duty. This case arose fiom the if sue of a starch warrant by a justice of the pence, in the application of John >’p tt, valet to Mr J. G. G, Glassford, the applicant sfatirg that, on tbe 14th instant he had hj st a sum of money in lank notes (81/.), and that he bad reason to suspect the accused of Laving taken it. The evidence adduced was that, on the IGth instant, Sergeant M‘Garin, accompanied by Spratt, and armed with a warrant went to search the dwelling of accused Tire sergeant having stated his eirand, the search was assented to, and was being pro, eroded wi hj peaceably until a. certain box was ab-mt to bo examined, when both accused and Iris wife tried to prevent it. A struggle ensued, the sergeant, however, gaining his point. The box was searched, mid found to contain an amount of money in notes.

Mr F. J. Wilson, for the defence, contended that the reetonce was justifiable'

The warrant should have bseh'praduced on entry. Tho Bench, however, held that such wa not necessary. The evidence clearly showed that the sergeant was armed with a warrant, had announced his business, ha! been permitted to search, and that resistance was proved ; consequently found accused guilty, and sentenced him to fourteen days’ imprisonment in Clyde Gaol, with hard labor.

Tho Police also charged tde accused with sleahng the money, hut applied for his discharge, as they were not prepared with sufficient evidence.

[The following reason was given Py tho. police for bringing the second charge A sale by auction took place atMrGlassford’s station on the 14th inst. Middleton was there, and was observed in tho room from which the money was stolen ; that ho had made no purchases ; had pleaded poverty to several of his creditors a day or two before the sale ; that two days after the sale he was observed with a large roll of notes of which he was prodigal in expenditure ; that tlros° notes were new ones on the Bank of New South Wales, as were also those lost by Spratt; and that none of the numbers of tho lost notes were known.] Robert Low applied for a slaughtering license, which was granted.