RESIDENT, MAGISTRATE’S COURT.

Evening Star, Issue 3472, 9 April 1874, Page 2

RESIDENT, MAGISTRATE’S COURT.

Thursday, April 9. (Before J. Bathgate, Esq., R,M.) Drunkenness.— Paul Collean was fined ss, with the option of forty-eight hours’ imprisonment. Vagrancy. —John Langmuir Smith was charged with having no lawful means of support, and that he had previously been com* 1 mitted under the vagrancy act.—Prisoner, who appeared to be laboring under the effects of a “ good drunk,” pleaded hard to get one more chance, saying that, although a drunkard, ho was an honest man. He had money, and spent the last'of it on the previous day. —Constable Gilbert said he was called in, and had to eject accused from the British Hotel. His Worship thought that the prisoner could not be convicted under the charge, seeing, as he said he had money on him on the previous day, a fresh charge, under the fourth section of the Vagrancy Act for being illegally in the British Hotel, might be laid,—At a later period of the day he was brought charged in the way indicated by his Worship.—Sergeant Colder read the various convictions for vagrancy against the prisoner, from which it appeared that he had been sentenced by nearly every Bench in the Province, including .Oamaru, Tokomainri, Balclutha, Waikouaiti, Port Chalmers, and Dunedm.—He was now sentenced to one year s imprisonment with bard labor.

Assault, —Robert Goodison was charged on warrant, with having on the 2nd April, on a public road near the Anderson’s Bay one Stephen Stamp Hutchison with intent to do him some bodily harm, Harris, who appeared for complainant, said that he was unable to go into the case this morning, but would call the policeman who arrested the accused. When Mr Hutchison got the warrant issued, he was under the impression that the case would not come on till Saturday, to which day he asked for a remand.—Mr Stout had no objection to the adjournment. Mr Stephenson, of Messrs Wright, Stephenson & Co., and Mr C. Moore were willing to act as bondsmen.—Accused was remanded till Saturday, being liberated on bail, himself in the sum of L2OO and two sureties of LIOO each.

Another »-haroe. _ Warrington v. Bardon was a rather amusing charge of assault alleged to have taken place at Momington on Saturday last. Mr Johnston for complainant, Mr Stout for defendant. Complainant said that he did not want to press the charge, defendant being an old man, while to all appearance he was in the prime of life. He, however, stated most distinctly that a number of petty assaults had been committed on both sides. He produced a large quantity, of hair, which he said defendant had pulled from his beard.—Mr Johnston :Bo youjswear that he pulled that from your beard ?—Witness : I swear it on my oath-—His Worship was asked by witness to examine his beard, but said he failed to see any bald place on it.— Witness thought there was no doubt of it, as he had more beard on one side of his face than on the other. Defendant had used very abusive language to him, and as he left threatened to put a bullet through him. Witness was frightened, if he ever got under the influence of drink, he would carry out that threat, as he firmly believed that a man. when under the “ ’fluence of drink,” was likely to keep to his word so given. There were two distinct assaults : one on the Saturday night, the other on the Monday following.—Mr Stout: You got the defen. dant—an old man sixty-five years of agedown, and while down, held him there. Is that so ?—Witness replied in the affirmative. While down, defendant beat him, kicked him, scratched him, swore at him, cursed him, and did everything else. Witness never lost his temper throughout. He tweaked defendant’s nose.—No witnesses were called for the defence, Mr Stout simply briefly addressing the Court.—Defendant was bound over in the sum of LlO to keep the peace for three months. e

Robbery From the Person.— Lucy Leighton, oa remand, was brought up, charged with stealing the sum of L 34 from the person of John Orr, and committed for trial.

Aujing a Prisoner to Commit Robbery. Elisabeth Wills, on remand, was charged with having aided and abetted the lastnamed prisoner to steal from the person of one John Orr the sum of L 34 The following additional evidence was given. SubInspector Mallard intimated that the woman to whom the money was given was too ill to appear. He would obtain the money.— Lucy Leighton—wife of Edward Leighton, who was at present away from New Zea-land-said she remembered Saturday, March 18. She was in prisoner’s house that day. The prisoner and John Orr were also there. Orr lay on the sofa {downstairs. Prisoner told witness to ask him to go upstairs. She did so, and he went up. Prisoner said he had money, and witness was to try to get it. He went to sleep on the sofa, and witness took the money from his pockets. She took three ten pound notes and four ones, whiuh she gave to the prisoner. The latter she put in her yard under a stone. Her husband came in shortly afterwards, and she took the money from under the stone and gave it to mm. He took the money away, and on the following Monday offered her Ll3, telling her to take it and go away. She refused to have any of it, and told Ross Anderson what she had done. Went to the police station, and there made a voluntary statement. His Worship ; There is no necessity to take that down.—Sub-Inspector Mallard : I merely wish to show that this woman has acted as the tool of the others throughout. Witness, in answer to the prisoner, swore distinctly she saw her put the money under the stone.—Sergeant Colder added to his former depositions ; On the road to the police station I requested prisoner to hand me over what money she had, so as to save being searched. She gave me L 5 6a4d.— Prisoner was committed for trial. Receiving Stolen Money. Samuel Wills was charged, on remand, with receiving the sum of L 34, knowing it to be stolon bv Lucy Leighton from one John Orr.—Evidence having been taken prisoner was committed for trial.