RESIDENT MAGISTRATE’S COURT

Evening Star, Volume IX, Issue 2551, 21 April 1871, Page 2

RESIDENT MAGISTRATE’S COURT

This Day. (Before A. C, Strode, Esq., R.M.) Civil Casks. The Dunedin Waterworks Company v. Jackson,—Ll 17s. This was a charge under a summons for fraud, the dc oudant having refused to comply with the judgement of the Court, and persisted in not paying the amount due. Ho was ordered to pay the amount with costs forthwith or to be imprisoned three weeks. The money was paid. Bird v. Yates.—lGs 9d for goods supplied. Judgment by default for the plaintiff. Templeton v, Gardiola. —L 5. This was a claim for the value of certain clothes alleged to be illegally detained. There was a .cross act'on for 1/2 11s, the amount due for board and lodging for two and a-half weeks. The latter amount was admitted, and Mr Haggitt, for the defendant Gardiola, held that he had a lien upon the clothes until the debt was paid. His Worship gave judgment in favor of Gardiola in both suits.

De Carle v. Ellis —I 4125. Judgment by default for the plaintiff for the amount with costs. (Before A. 0. Strode, Esq , R.M., and the Hon. Captain Fraser, J.P.) CHARGE OF USING ABUSIVE LANGUAGE. Carey v. Barnes.—Mr Haggitt for the informant. and Mr Harris for the defendant, who pleaded not gu lty. The information was laid under the 4th section ef the Vagrant Ordinance, 1866, Amendment Ordinance, 1869. Mr Haggist stated the short facts of the case, from which it appeared (hat, on the morning of the 13th inst., Mr Barnes had some men employed taking stones from the bed of the Water of Leith, when a number of Maori prisoners, under charge of the informant, were taken there, and, in accordance with his instructiono, he ordered Barnes's men away. Barnes then abused the defendant.

Mr Harris asked for an adjournment, on the ground that sufficient time had not claps id since serving the summons to permit sutnma' , y witnesses for the defence. It was ultimately agreed to take the evidence of the witnesses present, and to adjourn the case till Monday. The evidence was a* follows :

Constable Carey, warden ip tbc, gag-1, said hp bad been in that ojlice nearly three years. Qii the 13th April be had charge of some prisoners near the Old Botanical Gardens, .about twenty yards from Castle street. They were taking boulders from the bed of the river. He found it necessary to order some nun away who wore at work near when they went down, and they removed further down. Between quo and two o’clock, Mr Barnes came f up in a buggy, and shouting to hja men asked why they were pot wqrking where he ordered them. They replied the constable had sent them away, upon which Mr Barnes became very much excited, and said ‘ ‘ I will make you pay for, stopping my men.” Witness replied he would not allow him to take any of the atone, and go smoagst the prisoners. Mr Barnes then shouted, “ Come on men ; I will see whether hp d ar S to stop me or not, J.f ha date, to stop'me 1 will knock lijm down.’ 1 Witness tried all ho pauld't© indupe him not to attempt to take the stone, and told him if he attempted to do so he would give him in charge. Barnrs said he did not care a d—n if there were one hundred policemen there. . The witness noted the words of Barnes on a slip of paper, who then flourished his whip over his head, and shouted, “Set down that. ’ He then said, “ I don’t think the coat upon your back belongs to you. Do you think I

would stop for such a varmint as you. You will shortly have your head shaved, and yon will be in the Lunatic Asylum ihe country would be well rid of such as yori. The witness then sent a Maori pi is ncr to Sergeant Ferguson, who relieved him, in order that he might • report the circumstances to the Governor of the Gaol. In cross-examination, he said he took the stones by order of Mr Cairns, (he Provincial Government Work Inspector, and Mr Mackenzie, the Inspector of Works to the Corporation, in his presence. The stone was placed in heaps. Panics got on a heap. Witness did not threaten to pull him down, nor ask him to strike him. Thomas Idyhy, a labourer in Mr Barnes’s employ, gave evidence that he was called by him to bring the cart up, that Barnes took np a stone and threw it into the cart, and the two men then proceeded to load the cart. They also, by instructions of Barnes, placed the stones in such a position that the cart employed to cart stones away by the Government could not get away. Barnc- was present when the summons was served on him, and asked him if ho did not sec the warder stand on the heap of stones. He had put up the heap of stones, the warder stood on it himself during the morning. The witness evidently did not choose to renr mber all that passed and pretended deafness, which Mr Haggitt experimentally disproved. William Waddell, who was carting for the gaol, heard the warder ask Baines if ho called him a rogue, which he admitted. He beard Barnes threaten to knock the warder down. To bis fancy he was in a pretty wild state. No man could have got that heap of stone together in the course of the morning. Sergeant Ferguson, examined by Mr Harris, had seen Barnes’s men working in the bed of the river. Ho had never attempted to interfere with the pi iso tiers, On the 13th, Carey reported that Barnes had forced his way in opposition to him to take away the stones and abused him. Barnes denied having made use of the expressions alleged, and said Carey threatened him. Baines claimed the stones, and said he would not cease taking them until removed by the po’ice. He himself had opened the face, and ordered Carey to keep the prisoners at work taking stones from that place. By Haggitt: The instructions given to Constable Carey were, that he was not to allow contractors to take stones from that face. If the Corporation daymen wanted a few they should he allowed to take them, but no one else. Wm. Nichol, a carter in Barnes’s employ, heard nothing that passed, bet had been employed taking stones from that place five weeks ago. The case was adjourned to Monday at o’clock.