RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3426, 13 February 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, February 13. (Before A. C. Strode, Esq., R.M.) Drunkenness. —Robert Cooper was fined os, with the option of twenty-four hours’ imprisonment. Vaqhancy. Margaret Robertson was charged with having no lawful means of support.—Constable Graham proved the arrest of the prisoner at 7.30 last night. She bore a very bad character, and only came out of gaol on Friday last.—Constable Beasley had watched the prisoner go from the Water of Leith to the top of Maitland street. She went into every brothel on the way to which she would be admitted.—Constable And«r son haying given corroborative evidence, his VVorahip said that prisoner, who had convictions of all kinds against her, seemed determined to live in gaol. As a caution she would be sentenced to one week’s imprisonment, with hard labor, A Bad Beqisner.—Margaret Ann Lawson, a dark-skinned little girl, was charged with stealing from the Waverley Boardinghouse, oue cape of the value of 10s, the pro petty of Jane Wilson.—Prosecutrix said that ■>he was living at Waverley Boarding-house on the sth instant, when the cape produced was in her possession. Accused was a servant there. Witness missed the cape on the evening of the sth; and accused left the place the same day.—Elizabeth Keenan, proprietressof the Waverley Boarding-house, said chat accused was in heremploy for threedays. Farly on the morning following the night on which accused left her place, the last witness reported the loss of her cape —Detective shury had received intimation of the loss of che cape on the sth inst. His attention was called to accused last night, there being a number of boys following her about. he wore the cape produced. She told witness that she stopped at Lizzie Powell’s house one night, sleeping in the same bed as Powell and the man who stopped with her. Powell is a prostitute, living in Manor plabe.—The prisoner was further charged with stealing a muff, of the value of 10s, from the Waverley Boarding-house.— As in the first casashe pleaded that she had only taken it f or “a lend but the evidence showed that she had taken it with a felonious intent,—His Worship: How old are you ?—Prisoner : Fifteen.—His Worship : What is her history ? -Sub-Inspector Mallard ; Very bad indeed. The language which she used in answer to questions put by the police last night was something abominable. She is the little girl who was referred to as having been with the girl Carroll, who was before the Court on Tuesday for obtaining goods under false pretences.—His Worship said she appeared to betheebief instigator.—The Sub-Inspector said that about twelve mouths ago she had got a number of things from North Dunedin in a similar manner. The fact of her being in the house of the woman Powell was also proof of her bad character.—His Worship thought that the prisoner was a fit subject for the Industrial School. The gaol was no place for her, as to mix with the characters there would only make her twenty times worse.—As the police did not know her religion, it was decided to let the matter stand oyer for a short time, so that her father might be sent for. At two o’clock his Worship ordered her to be sent to the Reformatory for three years, there to be brought up in the Episcopal form of r ligion. r A Groundless Charge —Peter Lynn was charged with stealing a drum, the property of Edward Mach in.—Mr Bransou defended.—On the case being called on, SubInspector Mallard pointed out that from inquiries made by the police, they believed that accused had not taken the drum with a felonious intent.—His Worship : That is the gist of the whole proceeding.—The SubInspector : As far as the Police are concerned, we ydil show that we were justified in taking these proceedings. —His Worship : 'lhen do I understand you will not proceed. Of coarse if there is no felonious intent, there is no larceny,— Mr Branson did not wish to throw any blame on the police, although he did not admit that they had gone about the matter in a proper way. He might suggest that they would name the person from whom they got their iuforma tion, which would entirely free them from blame, Detective Sbury said, from v r Muchin of Walker street, who said that a drum had been stolen from his place at the Water of Leith. Witness made inquiries in the matter, and ascertained that Lynn had been seen carrying the drum away. —His VVorship, after looking at the information, said it had been taken before a Justice of the Peace, who had signed a warrant for Lynn’s arrest. The cast iron rule was, that, when a summons would do, it was not necessary to get a warrant, which should only be used when a summons would not meet the case.—Mr Branson pointed out that Lynn was a resident in the place, and a highly respectable man. He bad got permission to take the drum to the drill-shed.—His Worship said that he might again remark that the only time to issue a warrant was when it was found that the man was likely to leave the place gjpJ put appear before the

Court, Accused would be discharged without the slightest stain on his character. The fault did not lie with the police.—Mr Branson suggested that in future cases the police, before proceeding against respectable persons, should make strings m i iquiries, Lynn was band-master of the Dunedin corps, and had taken the drum, having got permission to use it.

CIVIL CASES. Smith and Elfendiue v. Proctor and Whittaker was a claim for LBO, for breach of contract to supply timber for fencing ami making gates. Mr .Stout for plaintiffs ; Mr Haggitt for defendants. —William Elfendine one of the parties mentioned in the contract, said the Gov* rament insp-ctor condemned the timber supplied They frequently spoke to defendants about the delay in supplying the timber. On January 12, defendants pro raised that there should be no delay. They had been delayed for seven - days then. Defendants promised that they should have a constant supply. On January 13, some timber was supplied, and they got occasional supplies until the 17th, when it was ail used up. On January 19, plaintiffs were informed by Proctor that Findlay, who had undertaken to supply the timber, had thrown up his contract. Ou the 22nd one load was supplied, but only enough for a couple of hours’ work, ISo more timber had been supplied since. Had the agreement been properly carried out they would have made between LSO and L6O on their contract in addition to wages. [Mr Stout here added a new count for L3O for work done.] The actual work done under the contract would come to about i.B, but their wages would amount to L 34. In answer to Mr Haggitt, witness said that since legal proceedings had been taken they had been offered timber to make gates. The class of timber required could be got every day —William Smith gave similar evidence.—Holmes deposed to the insufficient supply of timber. —The evidence for the defence was that when the supply of timber for fencing failed, owing to the nonarrival of expected steamers, plaintiffs were asked to make the gates mentioned in the contract, which would have taken them five weeks to do, and to erect them, which would have occupied three weeks more, but they did not so.—John Whittaker, the other defendant, said he requested plaintiffs to.put struts to posts, and to make the gates, but they did not do so, alleging that there was no hurry for the first, and in regard to the other that they could plainly see that there would not be sufficient timber to keep them going. Only two pieces of the timber supplied were condemned by the Government Inspector,—John Findlay said plaintiffs had advised him not t - ) supply any more timber, because the Government Inspector had condemned it. When the supply ran short, witness offered plaintiffs 12s a day to work in his yard until a supply arrived ; but they did not do so.—His Worship considered that the plaintiffs had fallen to account satisfactorily for not going on with the gates. It was not proper that they should pick what portion of their contract they should proceed with first, and do no other. They therefore failed on the first count; hut bn the second were entitled to L2O for work and labor done. Judgment accordingly.