RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3456, 20 March 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, March 19. ;;•f; V, \ \ (Before J.Bathgate,' Esq., R.M.) • Assault >n remand, was charged with violently assaulting and beAting one William Schmidt on the lsth FebruaVy, and with stealing from his.person a pocket-book containing three one-pound notes and two pence. —William. Schmidt, laborer, residing at Dunedin, deposed that he knew the prisoner; was in his company on the 18th February last, between twelve and one o’clock. Was then m a house known as the Eagle Tavern, Stafford street. Prisoner then saw witness *®k o a pound note from his purse and change it. They were subsequently in the Rising Sun Hotel, Walker street. Had drinks there. Prisoner asked him for the loan of 5s till two o’clock, when he would pay him. Witness gave him half-a-crown. He wanted another, but witness refused to give jt him. Witness went into a right-of-way off, Walker street and into the home of one Jane Anne Henderson. Prisoner went rntb thq house a,; few minutes afterwards. Witness Was.sitting down on the bed in the back room' when prisoner went in. PHand witness were the only persona present. Prisoner put his hand to the outside breast pocket of witness’s coat, where his pocket-book and money wereWitueas gripped him by the coat, and told him to go out. He went out of the bedroom, but .returned immediately, and struck witness. The force of the blow knocked him down. He put his hand on witness’s mouth, hit him bn the neck, and kicked him bh the back, saying “I’Jl murder yob, you b Dutchman;” Witness had previously shifted the pocket-book from the breast pocket to the right-hand coat pocketT He : hamtfieMd witness so much that he (witness) did not know what he was doing, and took the purse and pocket-book and ran Witness_ was unable to i|6llow him in consequence of the ill trbatment which he had received. He then Reported the matter to the, police. .The pocket-book contained three Ll bank notes and two coppers. The woman Henderson was in the rooril when the prisoner knocked him down and robbed him. She accused pri- 1 soner of the robbery while he was going out i of the house. The mark over his left eye j was caiwed. bjr prisoner kecking, him down. I —By Prisoner: He Was 'perfectly soberwheii! he went to HenderebhV house; —This was; the case, and. priabner-was cbaißiitted fbr; trial.,,-’, ■ .. ; j Obtaining ‘ Monet trtfbEß; PalSe • Prb- : TBNCEs.— William Henry Brace Was charged! On remand, with having, at West Taieri, on I the 10th day of March, obtained from onej William A lexander Barthman, manager of i the National Bank, the sum of JL2O by i means of falsa pretence's. Branson de-i ‘ The following evidence was given ;■

William Alexander Bartleman, manage* of 1 the National Bank at Dunedin, said accused. was introduced to him as Dr. Bruce, Of Web t Taieri, oiT the 10th inst’. A Mr Maclean,' who accompanied accused, introduced him! as a customer at the branch of the Bank at WestTaieri, and said thhthe wished to 'do some' business with'brithebs. Accused was asked to go away as witness“was engaged, and -to! return in ten minutes. He did so- and then asked witness to cash a draft for LIO0 1 upon his father. Witness : refused, as the drafts, should have been cashed at the West Taieri branch. Accused theu left, and returned almost immediately with the cheque pro-' duced, dated Taieri, March 10, in favor of self or bearer for L2O. The signature api peared to be that of W. H. Bruce. Witness took the cheque from prisoner, and observed that it was drawn in the handwriting of Mr Maclean—the gentleman who introduced jbitn. Witness initialled the cheque, and sent accused to get • the money, which he did. The cheque was afterwards forwarded to the Taieri, and marked "no account’} Witness was induced to negotiate the cheque m consequence of the introduction, ‘ and the writing of the cheque, and ' believing that accused had an account at the West Taieri branch. Thomas Kerr, ‘ manager of the National Bank at West Taieri, recognised-the cheque now produced as having gone through his hands in the usuM way from the Dunedin office. No person of the name of W. H; Bruce ever had an ‘Account with the bank.— The case was remanded till Saturday, till the teller' who paid ;the mdney coald be pfof duded.' : J ' j ' r '‘ 1

Another Charge.— William Henry Brtich was 'further 1 charged with having obtained, about the middle of February; from D. Sampson, Dunedin; Various articles of olothing’of the value of L4O, by ikeans of false repfow sentatlons. —Robert M'Clenehan deposed hfe 'was -'ffinnaging salesman for ; Mr Sarapsdn, tailor, Dunedin, A caused came ta that es-' tabhshment about the middle pf ■* February, and, told witness that- he ‘Wanted some clothes. Witness took the accused into the tailoring departmefat; and showed him some material, from which he selected the making of fwo suits, and one pair of riding breeched ' Witness took down his name and address, which he gavp w Dp Outram; ind said he was a paatnep of Dp JngJis, of East Taieri. Dr inglis is one of the firm's -oldest customers. He took the accused’s story as true. In the outer shop the accused selected the greater part'of' the goods mentioned in the information. He requested at the same time that witness; should send out some of the different kinds of artielea lie had selected, ,as he was badly off for them. Witness, 'according to promise, did send a small quantity of each. The accused immediately, after •'left ■ the premises, and returned in about a minute with a Mr Poxon, who formally introduced him as Dr Bruce, pf West Taieri.' He returned again’ in< about a week or ten days, and obtained the rejjaaindgr 'of the goods mentioned' in the information. Witness parted with the goods because he Believed accused to bp Dr ’Bruce.of the TaiepF, and-paHinof of Dr Ingha.—Hugh Inglis deposed! that he was. a residing at-Mosgiel, . East Taicn. IJe liad no partner pn his profession or otherwise.—'Thpa wa? tjie pase.-f-' Mr Branson submitted there- was ho case, *4,31 no demand for paj meat had been made j and further, there waa no evidence that the accused had ever received the goods froin the carrier, On these two points albne he Contended the prosecution must fall—The Magistrate said he would remand the cate until Saturday.—Mr Branson did not think the Magistrate was giving sufficient weight to the points raised. He thought that his Worship would not be acting rightly in allowa man to bo tried on such evidence. The cape could not be regarded as satisfactorilyproved. —-\ji the request of Mr Mallard the witness was recalled, and swore the coat the prisoner wss wearing was obtained from vlr Sampson. ' The accused was then remanded until Saturday, being allowed, himself in L ISO, and two sureties of LldO each. ■ '

JFkiday, March 20. (Before J. Bathgate, Esq., 8.M.) Dkunkrnnbss.— Christian Pleuron, Wm Xshley, (■■.lson Lawson, Henry Kelly, and Win, (Joodh were each fined ss, or twentyfour hours’ <-flwin Way. 10a or hours ; Andrew and , William Heath, 20s or forty-eight hoprs’ Walter Henry Bircfimaq 2Qs Of %.TQ‘ days’ • Mary Anne Gibbs, 40s or three days/ All the mm ex<?ep]t; migrants, and' his Worship, in dealing with the offenders, told them that they could ffod

plenty of work if they only kept sober; that there was an excellent police force in the place, and that the men, unless they pro perly behaved themselves, would fall intn serious trouble. Ho also pointed out that* they were brought out to at the ' cost of the Government,£and it'Jwis to be regretted that immediately roey Wei£ Landed they should have misconducted themselves in, the way in which they had, | : CIVIL CASES. y \ \ Towers v. Wjills.—His Worship gave judg-' meat in this case, concluded on Wednesday last, as follows :—“ In this case the fact of a between the parties is admitted. I he plaintiff entered the defendant’s service on Friday, 16th January, to continue during the remainder of Burford’s term, which would expire by effluxion of time on 18th February. An agreement was subsequently .entered.into continuing the engagement for three months further, but. any breach of that agreement, is hot proceeded oh. When the company was ; performing at, Switzers,, ia quarrel took.place between Mrs WV’ls and Mrs Towers,. on the evening of the r l3tH February,,..on which, occasion the defendant, intimated ,tp the, plaintiff that he (the plain* tiff) was not,to play for, huh (the defendant)' any r .more.j V The, defendant .seems, to.haye jdone, so chiefly on his,,wife’s account, who ‘had declined togravelany more ..wjsbi the, j plaintiff and his wife, put .he also appeared 1 otherwise to determine prematurely the plaintiff’s engagement. The plaintiff w as willing fully to execute his contract. The defendant left "Switzers next'morning,* and did not take the plaintiff, his wife, and daughter' with 1 him. The defendant thus committed a breach of; the contract made by him with the plaintiff, and the plaintiff is aecordmgly.entitled to recover ,for, lojas .and damage sustained by himl On loth February there was flue .to,the plaintiff LI7 93°3d i! fbr wages and boaV’d ahdf lodging Lls for . a half clear. ■ benefit, and;L9- lOs-r outlay for a conveyance from Switzers ..to. Lawrence, miking in all. L4i • 19s 3dv for . whvph sum judgment will be againatthe defendant with cpßts.” i: ; riii J ,V ', r,; Aitchesoh v. L4&, for a bquse, owned by plaintiff and occupied by defendant,'who-refused 1 tb‘ : jfive ,; np hossesfp'r plaintiff; »'). Cook for defendant.—Before plaintiff's bvidencb was concluded, his Worship said •he wftuld have to adjourn the case, as he had to attend a meeting ofthetSdixiittir GonlOiisSiOn. The .9*?® ( .fprjAfprtnight.i, f . Ag&r v. Bailey wae a ,elaim"for 8100 ages for assault. ' MiT Barton for the plaintiff, dant, first officer of .the ship Helen' Burns. ’.‘ft;: :?T -,- 3 .