RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3407, 22 January 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, January 22. (Before J. Brown, Esq., and J. Black, Esqi, J.Ps.)

Drunkenness. Honora O’Neill, aliao Bradshaw, for this offence was fined 10s, in default forty eight hours’imprisonment. Resisting a Police Constable — George Lucas was charged with resisting Constable Flannagan while in the execution of his duty on the Ist January,—Mr Stout defended.— Evidence having been taken on both sides, defendant was discharged with a caution. Criminal Proceedings against Captain •Johnson.— -Edmund Joseph' Johnson was charged with having, on the Ist January, 1874, whilst master of the British ship Surat, unlawfully and by reason of drunkenness, ommitted to do a certain lawful act, proper and requisite to be clone by him in preserving the said ship from destruction, viz., that while the said ship was in a leaky condition and making much water, and having then much water in her hold, and the steamship Wanganui being within such a distance of the said ship, that he omitted to seek assistance from the said steamship, although he might have done so, contrary to the form of the statute in such esse made and provide,—The offence being a misdemeanor, Mr Stout objected to the accused being placed in the dock, and ho was told he might stand in the, body of the Court. The case, was then proceeded with.—Detective Shury said that be arrested accused at three o’clock yesterday afternoon.—Mr Black wished to know if the police had any application to make. Sub-Inspector Mallard asked that the accused might be formally remanded till : Saturday' next, to which Mr Stout, objected. —The Sub-Inspector then requested the Bench to ask the detective if he had reason to believe that Captain Johnson was preparing to leave the Colony. The question was put, and the reply was in the affirmative.— By Mr Stout: Detective Shury, did you say that you, as a detective, have sworn an information the substance of which you did not know ? I believe the information is correct.—Why did you strike but these words? (information produced.) I did not strike them out.—Well, did you know they were struck out? I read it but I did not notice the words so struck out. I believe it is correct from hearsay.—You said you had reason to suspect the captain was about to leave the Colony. Now, where did you get that information?— The Sub-Inspector : Don’t answer that question, —The question was then put in a different shape, and witness' said he believed that inasmuch as the captain had packed up his things he was ready to. go away.—Mr Stout: flow do Jmu know that he was not going to another hotel ? t am quite sure he was -not.—This concluded the witness’s examination. —Mr Stout: Then I object to a remand.—The Bench were inclined to grant it.—Mr Stout: Then I s ask that the master be allowed out on bail. I never heard of a summary conviction case in which the warrant was issued before the summons. ' The proceedings are most extraordinary. The like was never before heard in the Colony, or in Dunedin at all events. —The Bench considered the charge was a very grave one, but they did not wish to' inflict any unnecessary hardship on Captain Johnson. He would be admitted to bail in his own surety of L3OO, and two recognisances of Llso.—Mr Stout asked the Beuch to reconsider their decision. If the offence were proved the captain could only bo fined LIOO, while the bail required was L 600. The Bench would abide by their decision. Mr Stout replied that it simply meant that the captain was to be kept in prison, He

(Mr Stout) might not be able to attend on Saturday, The amount fixed was most unusual.

OBsmuctiNo a Road.— William Dixon was charged by Mr Shepherd with having I on the 12th inst. obstructed a road at Porto-: bello.—Mr Stout for complainant, Smith for defendant.—Mr Stout said that the real question of the case was whether this x-as a public road or not which had oh-, otracted.—James Seaton knew:a road which went through, defendant’s land froth Portobello leading to Hooper’s Inlet. Ho had known the road for twenty-five years. Considerable deviations had been made in it. The property in question bordered on the road.—J. Uocbfort said the road referred to was the only one in the district. The pre-. sent road, where the obstruction is, was only three or four feet from where the old pegs were.—Alex. Clark had been a settler in the Porto bello district for ten or eleven years. He knew where Mr _ Dixon’s obstructions were. These obstructions were on the road. [Left sitting.]