RESIDENT MAGISTRATE'S COURT

Evening Star, Volume III, Issue 778, 2 November 1865, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAT. (Before tho Hon. A. C. Strode, R.M.) DRUNKENNESS. Robert Stuart and John Brown were each charged with this offence, and respectively fined 30s and 20a and costs, or the usual alternative. SHOOTING WITH INTENT. Robert Morris was charged with having threatened to shoot Thomas Goodman, a bailiff at Sandfly Bay, on the 2Sth ult. Mr Barton appeared for the defendant, who pleaded not guilty. Thos. Goodman sworn—l am Sheriff's officer, and acted*as special bailiff in the case of Slate v. Morris. On Saturday the 21st ult., I, in company with a man named Fraser, went to the premises of the prisoner situated in Sandfly Bay. By virtue of the Sheriff's warrant, I levied upon 5 cows, 4 calves, 4 pigs, 2 mares, and a foal, and 1 spring cart. I made an inventory, and left 2 men in possession. Fraser and I then came to town. We returned on Saturday the 28th ult., and found that the cows had been taken away. I, in company with the other men, then searched for the cattle. Up to this I had not seen the prisoner. On Sunday we continued the search. From a range opposite we watched the prisoner and his son leave the house. We then entered a bush neai* the tent, and there found the cattle we were seeking. They were gathered together, and were being driven past the stockyard when the prisoner came along a track with a stick in one hand and a double-barrelled gun in the other. The prisoner, waving the hand in which he held the stick, said, " Let those cattle go." I did not take any notice of what he said, and drove them a little further, when the prisoner said, " If you don's let the cattle go, I'll give you the contents of this," at the same time pointing the gun towards me. I said, '' You wont shoot a man—you are not so foolish as to do that." He then said, "Stand off, and come no nearer."; Then Fraser came up, and prisoner likewise told him to keep off. We then went to the tent, the prisoner preceding us with tile gun still in. His ha-ncl. Coming along, ! he said that the action had been a long time on, and he was sick of his life, and he did not care ■what they did with him ; but if. his son stuck true to his colors, no one should have any of them. I remonstrated with him, and endeavored to persuade him to let us have the cattle peaceably, but of no avail. After seeing that it was useless to stay any longer, I and Fraser started for town, but left the other 2 men still in possession. By the Bench—When the prisoner pointed the gun at me, he was about 15 yards distant. I could not swear whether the gun was loaded or not. Cross-examined ~by Mr Barton —The prisoner did say that the cattle did not belong to him, but to his son. Two other witnesses were called, and they substantiated the above witness's evidence. The prisoner was committed for trial ; and as to bail being allowed, the Magistrate would decide to-morrow. ASSAULT. Henry Forster was charged with having assaulted Matthew Cready. He pleaded guilty, and was fined £3 and costs ; but having refused to pay the fine, he was sent to jail for 21 days.