RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3444, 6 March 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, March 6. (Before J. Bathgate, Esq., R.M.) Drunkenness. —Ann Hardy was fined 40s, or 14 days’ ; and for being an habitual drunkard was sentenced to three mouths’ imprisonment with hard labor ; Honor Bradshaw, 40s or 14 days’; Matilda Hancock, 40s or 14 days ; George Murdoch, who on his Worship remarking that he had not been before the Court since 1871, said “No, I’ve had a good spell,” 40s or 14 days; ; Robert Hapen, 20s or six days’; Catherine Brown, against whom there were forty-three previous convictions, 10s or three days. Breach of the Peace.— William John Wileon and Frank Thomas were charged with fighting in the Queen’s Theatre. The former, who appeared with a highly colored eye, pleaded guilty, the latter, not guilty, —Constable Monaghan said he saw prisoners fighting in the lobby of the theatre, last night. Thomas had got Wilson down on the ground. The prisoner Thomas made a statement to the effect that Wilson had robbed him of a pound note, and therefore he struck him. His Worship fined each prisoner 10s or 48 hours’. Fruit Stealing.— John Muir was charged with stealing apples, valued at Is, from tho garden of Edward Henever.—Prosecutor stated that he saw accused and three other boys in the act of stealing the fruit, but could only catch this one. He did not w.sh to press the charge, but enly to get the boy punished by his parents. Witness’s garden had been entirely stripped of fruit.—On the ancle of accmed handing in a note from the father of the latter saying that the boy would be severely flogged, bis Worship dismissed the charge. - Neglected Child.— Patrick Sullivan was charged with being a neglected child, within the meaning of the Act.—Hia Worship ordered him to be sent to the Reformatory for seven years, to be brought up in the Roman Catholic religion. A Hint. — ln reference to the number of habitual drunkards brought before the Com t hia Worship, addressing Sub-Inspector Mallard, said it had been well observed that those people should be punished who served such characters with drink. If the holders of licenses refrained from supplying them, there would be no such cases. He desired that the police find out, when briuging a charge of habitual drunkenness, what licensee the drink was obtained from. CIVIL CASES. A. Callander v. J. A. and J. Cal’andtr. His Worship gave judgment in this case (heard on Wednesday last) for plaintiff, for LlO and costs. J. A. and J. Callander v. A. Callander.— fn this cro*s-actioa (also heard on Wednesday) his Worship gave judgment for defendant, without costs, saying that he was of opinion that there had been no infraction of the Ordinance, - -Mr Macassey gave notice of appeal. Andrew v. Rennie. royalties due under lease of a coal mine. Mr Johnston appeared for plaintiff, Mr E. Cook for defendant. —David Andrew, plaintiff, said he was owner of a coal mine, which he had let to defendant in April, 1871. Witness got something in the shape of royalty from defendant, but not much. The first pay men. was L 3, the second and last L 9 18s. Witness took defendant’s word that these amounts were all that he was entitled to oross-examined; At the time of granting the lease witness had been in possession of the land for five or six years, but bad no mined it. The quality of the coal was equ d to the usual run of coal in the district. The roads are not difficult or b»i that lead to the pit. Defendant often told witness there was no dema d for the coal. [Mr Johnston here said that the cross-examination by his learned friend appeared to be conducted with a view of showing that the mine was not a profitable one to work. If such were the object, he (Mr Johnston) would be only too glad to accept (for his client) a surrender of the lease from defendant and settle the case.—Mr Cook, however, said be was not empowered to do so.] —Andrew Kerr, coalminer, gave evidence as to the quality of the coal.—Robt. Rennie, defendant, said he had worked the mine effectua'ly out the coal was unsaleable, being of bad quality. Witness had paid plaintiff all the royalty that was due, and only stopped working now and then when the coal accumulated through their inability to sell it. Witness went into partnership with a Mr Pollock aud eventually sold out tohim. Tojs was about May in last year, —Hia Worship said th;y6 as defendant refused to surrender possession of the mine the lease of it was of some value to rum. pollock’s not working it was no ahswejr, jfpr he aij intere*t in another mine, and it* might have been to his interest to leave it uuworked Had it been shown that the mine could not be worked but at a loss, he would have looked more favorably on tho case,—Judgment for plaintiff, LlO aud costs.