DISTRICT COURT.

Evening Star, Issue 3440, 2 March 1874, Page 2

DISTRICT COURT.

QSefore His Honor Judge Bathgate.) MoHiuy, Makch 2.

Drunkenness.— Mary Am Hyman was let off with a caution; William Price, fined ss; John Jay, 10s, or two days’imprisonment ; Jessie Brooks and George Murphy alias Bell, 20s ; John Dale, 30s, or six days’ imprisomeut ; aud James Stapleton, for being drunk while in charge of a horse and buggy, 40s. The Green Island Murder.— Patrick Long, who was placed in the dock oo the charge of having, at Gwen Island, on February 28, “feloniously, wilfully, and of malice aforethought, killed and murdered one Nicholas M‘Donald,” pleaded in a firm but low tope, “Not Guilty.”—Mr Bartou : I appear, my friend Mr Anderson, for Long. I suppose this is only a formal appearance, for tl}.e purpose of obtaining a remand. —Sub-Inspector ‘ Mallard; Bending the result of the Coroner’s inquest, to be he’d at Green Island at 1 p.m. to-day, I have to ask that the prisoner may be remanded until—say the day after to-morrow.— His Honor : It is for you to fix the day.—SubInspector Mallard : Let it be from day to day.—His Honor: The remand will be till to-morrow, at eleven o’clock.—Long was then remanded. CIVIL CASES. judgment by default was given in the fob lowing cases with costs :—Charlton v. Clarkson, claim LI, money lent; Neilson v. Cairns, two week’s wages at tho rate ef L 6 per month Love v. Heenan and another, claim 14 33, for work and labor done.—Judgment by consent, with costs. Geo. Dodson v. Gardiner, claim Ll4, for repairs to wagon,—Mr E. .< 00k for defend9<nt, —Plaintiff stated that the wagon referred to was .engaged by defendant from one of witness’s grooinS. Witness bad been in tho country, aud on his return was told that the wagon was in jMr Robin’s 'coachbuilker) 1 hands, and that defendant would pay the 1 cost of its repair. Witness ascertained that the repairs would be Ll4,—By Mr Cook : Ihe value of the wagonette in the market would be L6o.—John Weller proved to letting the wagonette referred to to defendant on the 18th February. Defendant, who was going to Port, drcjre the trap. He was to return the same night, but failed to do so. The only place iu which witness had seen the trap since, was Robin’s yards.—J. fct‘. Robin repaired a trap for plaintiff which was brought to him by the groom. The repairs would cost Ll4. Before it was broken it would be worth from L6O to L 65, Thomas Bofispn said that on* seeing the defendant on the day following that on which the accident' to* the occurred, aud ; on;' speaking to him about the matter, he to pay for the repairs when the trap jyas. si|h£f to the stables from the Edward C. Shipp was in the day of the accident,

horses shied, threw the obciipants, aUd then bolted with the trap. Mr > s ‘cott, a member of the company, was driving at the time. ■Te appeared to be driving carefully.—By His Worship; They bad one drink each at tha Junction Hotel. Witness took a “leetle” brandy.—His Worship; Were you seedy the night before? Witness: No ; 1 never take much, I am rather temperate.—His Worship ; What did Scoot have—a little P. B. ? SVitness : I don’t know ; I only paid attention to my own liquor.—James Wilkinson gave corroborative evidence. He added, one of the horses showed a little freshness on the road. -fter the cansize, the horses bolted with the trap.—James W. Gardiner (the defendant), wan also examined. Me said that ocott, who was quite sober, drove carefully. He had driven hundteis of miles with Scott. After leaving the Junction Hotel they took the wrong road, and on trying to turn round, the carriage, upset and all the occupants thrown out. Witness never promised to pay the cost of repairing the trap, although Thomas Dodson had sworn he had. Had he known he would have been responsible he would have taken a driver with the buggy. By plaintiff: Witness never sent any person to him to settle the case.—His Worship cun: idered there was no doubt about the hiring of the buggy from the plaintiff. Anyone taking but a boggy on hire was obliged to take the same care of it as a prudent and cautious man would have done with his own property! Defendant had'clearly not done so, as he en-: trusted the reinp ip the Hands ef a stranger, while it was his place to have held them himself. He (his Worship) did not put much faith in the defence as to the horses shying ; that seemed to be an afterthought. Judgment for amount claimed and costs.