RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3337, 30 October 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, October 30. (Before I. N. Watt, Esq., R.M.)

Drunkenness. Andrew Fergusson, charged with this offence, was fined os, with the usual alternative. Obtaining Money under False Pretences.—' *n the adjourned charge of Regina (on the plaint of Lange and Thoneman) v. Dempsey being called, Mr Harris, who appeared for the prosecution, said that he understood there were very great doubts as to the state of mind accused was in at the lime of the committal of the alleged act, and if that should turn out as he (the learned counsel) expected, there would be no ground for the charge. He might also mention that the goods had been restored, and there could therefore he barely any loss. This, however, would not alter the criminal aspect of the case ; and as he had scarcely enough evidence to substantiate the charge, it was not his intention (unless his Worship ordered him) to proceed with the cose—His Worship, in order to look over the evidence, adjourned the case till Tuesday. Obscene Language. —Jane Henderson, who pleaded guilty to a charge of making use of obscene language in Walker street, was lined 10s and costs, or in default three days’ imprisonment, with hard labor. civil case. Dewar v, Wallace. -This case, which was a claim of L2OO for the malicious destruction of a fence, had been adjourned from Saturday last, to enable Mr Harris to allow a survey of the property being made. Mr Stout, instructed by Mr Haggitt, for the prosecution ; Mr Harris for the defence, — Mr Harris questioned whether his Worship’s Court, with his Worship acting as aJ.P., had a right to deal with a case involving so large a sum, and in support of that view read the Cf>th section of the Malicious Injury to property Act. If such were the case, there was no limit to the Act, and His Worship could deal with a case of L 2,200 or L 22.600, or any other sum—His Worship would reserve his decision on the point raised.—Mr Harris then stated the facts connected with the case and concluded by saying that if his Worship, after hearing the evidence, came to the conclusion that Wallace had always been prepared to erect the fences, and had acted in accordance and in good faith with the terms of the lease, then his Worship would hold that the case ought not to have come into Court as a malicious charge. (Left sitting.)