RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3412, 28 January 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

<- j 1 ;7 ■ ' . ‘ (jSkfere J; P. : Maitlafid; Esq.-,'RiMi)f •

'!i > THEL6S3 , b‘FTHE.StRAT i The following evidence wm, giyqn veftterday in addition to. that published'in’ iast : night’s,issue. ;! JainegoMP.n^gi^jl’ou^tain, J a mairiner by occupation, gave, tft the alterai tion of the Surat’s course, latter, .the inui>> fiove, ip> eighji, f there werd from six to eight feet of water.in.the hold of 1 the; 3p r nt, ( ifc woqldfhave fieenfi most proper £se he Wap^%ni f .'H!lieh sfie was! passing. It was not a.grpperithing to neglect' tft,sgpal tfie,- Wanganui upderfihoso. oironfostances, apd it .was. running risk m>t to secure ttfie servjicea fif the steamer. .‘There was the jrialfc of, the. with all on board, . Two of . the VboaW oh boald 1 were in a leaky condition, and hot' fit to put 1 Anybody in. , ~... ; * John J^po,th, f a cabin passphger on 1 board the .Buras, gfated, that.,when fie' spoke tb : the captain about, the Wanganpi, about 2 or 3 e’olopk, he peeniedjto.fie,ftil. -! varjiP, : fie th© worse fop drink, ’ Witness also gave evidence M to the captain’s conduce in reference to the signalling of the' Wahga-. nui. Everyone seemed, thunderstruck with the, captain’s .movements at that time.—By Mr Stfiut : f Witness- had hceh > a 'constable &t -'hbd i 'Barracks...Witness would,swaar'thftt'he did hot get up evidence for tma 'capb! ! hdt swfear that he did not tell • Detectiveßhury that certain witnesses would give important evidenced this case.

Court resuming at 2 o’clock, Mr btoiyr' asked for au adjournment till to* morrow, when the case no doubt will be concluded. The application, was not opposed, c Ve„s?fg adjdhrned tiUJhalf-past ten <•' || : Esq/j &.&;-)’. \ , T tWMJ been in a Ooutteon Any charge before, was told to “ go 'about his business,” as were Israel Isk and Henry bcott, who said that he had only come “ from the country” on the previous day to obtain medical advice, his Worship adding that he ”had*;eviden.tly '“.doctored!*’-himself.;,. •r. -,: ■—

'^ssAyf,T,* o K-jTwo,-GHi^ESB.*—J atnes .Warren Was-char'ged with assaulting Ah Bing and Ah Hheong on the 25th inat. Mr. Joyce defended and pleaded justification.'-—AliCheong then stepped into the box, and was about to be sworn by - blowing out a match, when bib Worship said that he considered such oatln* taking a mockery, .and hypocrisy iu a Courjb of justice. He questioned,2. such was their pehef.—ihe witness was, however, sworn inihis country’s style, (and statedClhit he re--sided in £ illeui street. He had had transadJ**tu hj wc *maa!named’Mttbning recently. She left '-aU ’table - with -him; in’ i conaiderajtiqn of - a debt, of 3s owingl to him.) On’the night of ths’2dth jhst.- defendant went to his house and asked for.the table;,/ -Witness said it; belonged, td Mauningt aud he- could not therefore giye it up. -As the-defendant per 1 - sistedcoiii; obtainingpoaseesion, he told him that if he would come on the fol* lowing • morning (Monday) hje l cduld have it,. ,M .the. night .Was; so 'tdark that he should not be able to recognise; him again if heiasSaty.' -Defendant ’then./ removed; the things on the table, and took it * away, afterwards, -witness heard Another Chinaman calling out “ on his goiflg qub.tmaee, what-iavas tne ■ matter (defendantistfuck him with the; leg. of! a tablb over the bead. * -The injuries.. from whicH-he was suffering were caused by thalbloW. He had never seen the defendant before that , uightj and-,had not • given him-, any provocation.—By Mr Joyce : The table was not in, M9F® they, went tpr ■ live William Cochrane saw 'the ‘ disturbance belteen the clefoniantaubAu Cheong qn,.fcjuh-, day night. Defendant, went to r Chpohg’s, .ftW and *pked a buckeCwhica was handed to him. He then asked.-for the table,ibut-Chepag,demanded 3s.fpr,it,,, I)e----fendan^thpn.removed,;the thjpgs from the table, and carried it awaiy.' Cheong followed apd caught hpld;of him,, wheicupou' de* reudant said if he did hot leave hjm alone he would hitjhifß. , ; JJefendaut jweut'ito- . stable wi,tu i§. , (LJhepng ,trip4> to get it away from him, and defendant ..struck him with bis fist. On going into the "stablei, . AbSing caught hold of the-table, and War‘rep. frying to wrest 'it fropi|him, the leg camb off. Upon this, defendant struck Ab 'Sing f over the head with it. On ,Ah Cheong coming-out of the stable defendanbalso struck bin* th’eieg over the head; ~ By M r Strode: ; Defendantheld'the- stick -in’ his "two hands'. -iBy Mr, Joyce : When defendant Ws l taking the table o&tdf-thb house; : -Ah> Cheong -lifted up.p stjck, but it was wrested Irdrh him by ’ 1 Sih^.—Kvidehoe ’Whs : alsd - given'-'-by‘ Richard .Cochrane, r Ab ‘Sing; .Constable 'Rooney, and Btown dispenser at the Hospital/ 1 retnembeiOd th|e' policebnnging two r Gblhes6 to r the .Hdapitai aboutlO p.m."on Suhdkjr. He.dressed their wounds,.. Both wounds were abo’pt .two ’nch'es in' length. Itwus'qnite poSsibld that -the ..leg produced would have inflicted the, wounds —Mr Joyed said that ! defendant' had allowed ,tbe Chinamen to use the tibte while, he lived in the neighborhood, hub’ as hje T was,‘ about,to leave 1 theplace oh the following day, he went to possession of both'it'and the backet. He received the but the former was refused. Defendant lost his. temper]atinot being adlowedHa have his own 1 property, hence the assault.—His Worship said that it was a most unfortunate for,the that he hajd alloy? Ed his temper to get the better of him. - While he (Mr Strode) v sat on the JSQQcb,,. he would protect the Chinese, no matterwhat publiq opinion was. Ae-for as he could gel, they were qige| and orderly people. It wds also a well-known fact that theycould not use their fist^,|T hp,-Europeans knew this perfectly well,' and he (his Worship) therefore considered’ it a ppwacdiy, thing, for an assault like this to have been committed. Defendant had his remedy to get his table. He would make due allowance for defendant’s rtemper haying,got the better of; hipv It was that the, killed. TOWifi® Rued, L 3 and CMtsin each .case, 13 8° fpr yW ,days . (m i"u; -cmi; <• M‘Farlane ,v.' Claim,; ji 13s fld, for sundry groceries supplied. Judgment for plaintiff for l amount claimed, with r costß. ; ' ! Johnson v. Booth.—LSl 14a,. Joe. passage money on board the Shrab.*—Mr E,; Cook lot plaintiff. said- r that hr. ha|d' given plaintiff va.proraiesory note fpr/LlO.— Plaintiff idenied, having, received this.—His Worship understood when the case. was pre- 5 yiou%i before the, Court that ; there was a ■probability _ oLitstbeing settled;—Defendadf was agreeable to admit the, debt,' if ; his Wor- J iship -would; guarantee him against any proceedings in this Court pn that'note herf' ; afteh.LriHis Worship, said that he: epuid ndt' do so ; and the proceeded , with; E;-(’. Johnson said he,.made ah ; ,agreement' with defendant,.,on' the 2.7 t h; September;;, dato hierpassage. Booth was tv get,.a .cabin,passage; granted hitni in .cousequenoe! fof 'his. iaoting; as ■ schoolmaster ; . but, v there being no accommodation id the second'cabiiL' it was agree that Tie should pay HO extra/ and come, out ;as;a saloon passenger. He had) taken Booth’s word "“ as a gentleman” for payment;-rkßy the.Defendant: You say you took my word- 4 ‘ as gentleman. ;’>V now. have yon ever had any reasomtodoubt it ?—I havd., 1 Have i you ever told anyonojlhab-if you gqt : me oh the poop, of the vessel,Myoa won <d ‘out tne : topieoes?—Mr,Cook .objected; to thfe question.—Mr Booth aaid he wiahed to paiqt out that the captain bore enmity to him. fThe witaeda replied ia .the affirmative. fondant (readidg f the!.summons).:, Have yob' landed;me at Port Qhaltoers.?—.Yes.. :I had ! •youf landed here through my agents. 1 Thb means taken hy them, were., just> as good - 1 As the. salbon. of. the Burat ? Did you. at any timo-jthrough the voyage 'Want to. make; a. bet .with. me ?-—N ot that jl' , remember. —Did*. I say that JL- would not bst ' my own: money, butawould; risk-that .which you held of finine ?:i«Never such a (thing) ' .said i that hei aoknoWledged t the agreement,oind had.it confirmed by giving .the captain a promissory : note for' LlO. .The'agreement .was that he should be landed in Port Chalmers. This-, was hot done, as he was landed atCatlin’s River; and had to walk.thcee oriourimilosthroqghi the, mud, '■ thereby.: spoiling a - suit; of.: clothes. (Laughter.)— His Worship said that was-Juit, evidence, as. na set-off;was pati dant: But he never landed me in Dilaedin. —Frederick Isitt, ’.a cabin’ passenger by the Sixrat, said the captain wanted to make>a bet with Booth that they would bs landed’at Port Chalmers in seventy-five days. • Booi(h •said he was not a betting,man, but Would, risk.the.papors which the.captaimhold ; the latter replying that he had no cause to fear, as the luggage he held was good for the amount.—dip ;Worship considered the statement made by Mr Isitt was not inconsistent with that of plaintiff -in >t;)je- rqatter. T je only question seemed to be as to the existence of the promissory note. The judgment l

\ 1 .. would protect proceedings in that Cqufheu Oven though it should getj idWtyfe hand^fra thirci party. —M JeqifiiqjD, judgments Was glared, witfajicoats; - |