RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3452, 16 March 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Monday, March 16. (Before J. Bathgate, Esq,, R.M.)

Drunkenness. — Michael Maloney was fined 10a, or -i8 hours'; William Fraser 20s, ;>r 3 days’; Thomas Hall ss, or 24 hours’ ; James Henry George, who had conducted himself in a manner calculated to provoke a breach of the peace, 20s, or 14 days’; William Brown ss, or 24 hours’; John Buckley 40s. or 14 days’; Bridget Kane was remanded till to-morrow, his Worship saying that she must be charged under the fourth section of the Act, being a bfrbitpal drunkard—there were fifty-one previous convictions against her, and if this charge is proved, Worship said he should iuflict the fullest penalty —l2 mouths’; John Casey 10s, or 48 hours’; Stephen Bell ss, or 24 hours’.

Theft and assault. —Stephen Tooraey was charged with having, on the 18th ult., robbed one William Schmidt of three £1 notes, and also with at the same time assaulting him. Robert Bain, town-belt ranger, said he arrested accused on Saturday night in a brothel in Clark street. On telling him the charge accused said it wan aU right, the man could not be found in town.—Jane Henderson, a single woman living in Machin’s right-of-way, Walker street, said that on tfte day in question accused and another man were in hejr house. Witness saw the former go into the room where the other man was lying down, and try to take a pocket-book out of his pocket. She stopped him ; and the man got Up and accused knocked him clown. Witness went away for a policeman, and on returning accused was gope. There were only the two men in the room; accused was sober, the other man half drunk, —Sub-Inspector Mallard asked for a remand, prosecutor ust being in town at present, and accused was accord? ingly remanded to this day week. Perjury. —Edward Augustus Campbell, a man of color, was charged with having committed perjury on the 23rd ult, while giving evidence at the Resident Magistrate’s Court, at Uutram, in the casa of Self v. Peter and David Grant.—Mounted-constable iStrahan proved arresting accused on warrant, — Sub-Inspector Mallard asked for a remand till Thursday next, which was granted. OTVIL CASES. Samuel Bird v. James Hair.—A claim for groceries supplied. Plaintiff was nonsuited, as the account served with the summons commenced with a balance of account rendered of L 7 3s Id, without giving the parI tienlars of that balance. [ Jn -gment was given by (default in the following cases :—Samuel Bird v. Richard Lesvi£ : claim Lll 17s BJ, for groceries; Gray and Drummond v. Stephen Tubman : ctaim L 3 6s lid, balance of account for timber supplied. Paterson v. Leya, —Claim L 8 10, for work and labor done, and for damages for wrongful dismissal. Mr Barton appeared for plaintiff, Mr Harris for defendant. There was also a similar action brought by one West against the .same defendant. Mr Barton said that in these .cases he would expose one of the nicest pieces of rascality that he had ever heard of : an attempt to rob men of their fairly and honpstly earned wages. He should moke it as hot for the, defendant as possible. Dayid Wept, seaman, ' said he was engaged in the Wallabi at LS ; per month. He worked for five hours’ over- ■ time in December, for which defendant agreed to pay at the rate of 2s per hour. He

also woiked with the other seamen at Riverton, taking in a cargo of timber, but defendant refused to pay for this. After six in the evening of that day witness and Paterson declined to work any more, and defendant said he did not want men who would not work after six o’clock. Witness then asked for his wages, but defendant refused to pay him, so witness remained in the ship and came to Dunedin Defendant said he would not pay a cent. On arriving at Dunedin, he said he would, pay witness at the end of the mouth, and that the seamen had humbugged him, so he intended to humoug them Eventually defendant gave him an order for the wages, but deducted 30s, for passage money to Dunedin. This witness refused to take and took these proceedings. Cross-examined : Had been a sailor for eight years, but not in a steamer on the New Zt-a land coast, and therefore did not know the rules as to working prevalent in one. - Paterson, the other plaintiff, was placed in the witness box, but neither counsel wished to examine him.—Mr Harris contended that the refusal was contrary to the Act, and that the men were bound to work while ordered to do so by the captain. The men, if they remaiueiontbeboab in port after payment was offered by the captain, were there illegally, and if they came from the Bluff to Dunedin, he (Mr Harris) submitted that they must be treated as ordinary passengers. If discharged illegally, they had lbs proper course to pursue. —His Worship :Do you contend that the men are bound to work at all times ?—Mr Harris replied that the men knew that at times they must, perhaps twice in the twenty-four hours, discharge and take in cargo, in which cases it was necessary to work over the ordinary hours. They must work a reasonable number of hours as long as they gob 2s an hour extra time. The agreement made was to that effect. After further evidence had boon given, his Worship gave judgment, saying that disobedience had not been proved, and the men had therefore been unlawfully dismissed. Judgment for plaint ffs, LS 10s with costs. A cross action for passage money was withdrawn.