RESIDENT MAGISTRATE'S COURT.

Evening Star, Issue 3473, 10 April 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, April 10. (Before J. Bathgate, Esq., E.M.) • Vagrancy, 7— Margaret Willis was sentenced to three mouths’ imprisonment with hard labor. Ihept., Thomas Carrnthers pleaded guilty to a charge of stealing a swag, , the property of j James O’Donoghue, from Wain’s Hotel, and was sentenced to six months' imprisonment. , ' , CIVIL CASES. -Judgment by default was given in the case of the Now Zealand Distillery Qo., v. Pheraon ; claim L7lßs 3d, on a dishonored bill, . , 0 v. Hall.—This was a claim for IA os for wages, less LI 11s deduction for goods supplied by defendant to plaintiff, Mr Harris for defendant.—Plaintiff said that in May last he engaged to work for defendant at a weekly wage of ids. Plaintiff, in the course of his evidence, said that ho went to work at what was called a faun-more likely a grass paddock— for defendant at rortobello. One item which he deducted from his claim was a bottle of rum.— His Worship : Then did he sell you the rum. Witness : He fetched it down to me 1 also got two nobblers'at this house j Bristol House it is called. He told me they would be sixpence each—His Worship ; Where is this Bristol House ?—Witness ; In Cumberland street.—His Worship: Can the Clerk of the Court tell me whether this is a licensed house - Mr Street replied that it was not. —His Worship said he would cause an information to be laid in the matter.—Mr liar J| : It appears to me you are going to comJFto a one-sided conclusion.—His Worship stoutly denied the imputation,—Mr Hams: Well, your Worship quietly said you would cause an information to bo lodged. —His Worship said that witness seemed to give his evidence clearly enough.—Mr Hard never heard such a one-sided opinion,'—Hi Worship ; Unless this man is proved to. b* telling lies, I must order that-an information be lodged.—Witness : I was supplied by de fondant with two nobblers.—His Worship : I see by the account they were marked down —chalked up.—(To Mr Harris) ; The nobblers

may become part - Mr Hams,: I: don’t think eb, Your Worship is entirely prejudging-the oase.'x I never heard a case; prej edged so in nay life. I will say that 1 can make your Worship understand otherwise and put a totally'different compiexioa on the casei On the 18th May last, plaintiff was .engaged for twelve months’ and defendant “squared up” with him for six months on- November 18.—Witness then said that when he left he told a boy at the farm and Annie Buckley, who lived there, about it. He never told Hall.—His Worship: What about having a doorkeeper at Bristol. Witness ; Y‘.u have to knock before yon can gain admission.—His Worship : Tell me all about it.—Mr Harris : How can this man know, wuen he lives at Portobello ?—His a orship; I don’t know. (To witness..) Proceed. It is my duty to fathom this matter.—Witness: Whin I went there Hall opened the ;door. I had to. take off my slippers before I could get in—Mr Harris; 1 have no doubt, that .if your. Worship i applies for admission yon will get in ? ; (Lp.ud laughter).—Witness then narrated,, amidst roars of laughter, a quarrel between him and the girls at the “ farm.” He said! ; that, the girls went smelling the milk and, ■ upsetting the curd, in consequence of which he upset them.— His Worship: What girls do you allude to ? Were they dairymaids, or does he keep a dairy in town?— Witness ; I . don’t know whether they are servaril girls ' or not, but I do know they had two black eyes each.—(Laughter.)—His Worship ; Did you knock one of the girls dowh ?—Witness; I knooked’two down.—(Renewed laughter.) —His Worship; Then y6u did say they had two black eyes. What wore they down the harbor for t—Witness ; They had gone down “to grass. ’’—(Roars of * laughter.) —His Worship : What for ?—Witness: To grass. By that I mean to reinvigorate.—(Renewed laughter.)— His Worship (after looking at his notes): The Miss Anne Lookley you referred to; who is she; is she a prostitute ? Witness hardly knew what, that was. He thought she was a prostitute.—Mr Harris said that ho .would simply state the facts of the base, and he felt bound to say that he thought a •’great deal too. much had been said,. both in regard to plaintiffs testimony and -extraneous mat- « ter, and also t.*-—His; Worship; I wish you to understand ! will have no imputations or reflections, oast ,on the Bench. Such is not needed, and you will please restrict your remarks to the mere facts.—Mr Harris felt in duty bbund'to say what he wished. He would make such.remarks as he thought’ necessary, even though the case was conducted by his Worship himself. On the 19th May, 1873, defendant engaged plaintiff for twelve months at the rate of 14s per week as general servant. He oontinuedin his employ for six mouths, and on the 19th 'ovembar the defendant squared up for the six months. ‘ During that time there had. -been provisions sent down and also, prior and subsequent to the 19th November,. Hall, at pUiimff’s request, pro- . v MA -J . .3 V * . —* ‘ _

cured, and sent down liquor--—sometimes gin and sometimes rum.—His Worship : Does he buy the nob Wore,!—Mr Harris s js 0 nobbiers have been supplied. That is totally denied;— His Worship: What about the prostitutes plaintiff speaks of!—Mr Harris : l know nothing about prostitutes: no mote than your Worship does—(Laughter). I did not refer to them till your Worship brought it up.—His Worship : Then you impugn the respectability of‘this man,— Mr Harris ; If-.this man; was sent out, and prostitutes also, that ( has nothing ,to do with the case. —His Worship said,that,; if,such were proved, it would be something in balancing the evidence. It -would be an element in testing plaintiff’s credibility.— Mr Harris objected to being stopped from going into the case. - William Hall, the defendant/ said he engaged the plaintiff on 19th May- Made a memo, randum at the-time—“ William Willis agrees to work, twelve months for William Hall at the rate of...Us per week.” Served him with anything he required. Settled up with him at the farm for six months in November. At his request, bought a bottle of rum,’ and sent it outj to him. Never supplied him with grog. Lost a young sow pig on the same night as the defendant; left. It died through* not being looked after: By. the Bench : I will swear that there were neVer, before or since, nor even at the time when defendant was, wprkiog, for me, women down at the farm, with the exception of my- wife His Worship;: .Doyou keep female: lodgers - —Witness : I do; and. men too. -r-His Wprehip: ;He says you sold him two cobblers.—Witness ; Where at ?—Hxs Worship : At yo»r place.—Witness denied that such was the case.—His Worship,; Then none oi the women have had two black eyes ? —Witness: .1 won’t be. sure that Mrs' Had had not black.;eyes : rio one elee had! I .do_not keep the i place for a refuge hr grasspad deck as plaintiff calls it.— His Worship : ihen this man’s oath is a tissue -of falsehoods ?—Witness replied in tho affirmatiye. "Ha Worship ; What about the the clonr,—Mr fi Harris : I solemnly protest against the course pursued in this case,-'and if it is allowed to go on I‘will never, ’take another case in this eburt. I have practised 25 years here, and have never heard c a case conducted like this,—flis . Wbrthip : You may pleaseiyouraeif about future cases, I will take the: responsibility of this.—Mr Harris : It wiU be a very grave responsibility indeed. —His Worship;- Please keep quiet. —Mr Harris ; I have a duty to perform-both to my client and myself; and to do such I claim the right.— : His Worship : I am not debarring you.—Mr Harris : You are wasting my time, which’ is very valuable. IhaVeno objection to this being done if I am well paid tor the time,—His Worship here pointed but that there were many peculiarities connected with the case, and that he would have to take what course he thought proper,—Mr Harris (taking his hat and ‘‘ leaving the eourt) ; I will take the liberty of leaving the case in your Worship’s hands:—His Worship : Very well.—(To Hall).: Have..,you any witnesses ? Defendant: Yes, ; this boy. His Worship .t ~Yott may go on with the examination yourself. A little boy was then called, .and said that when plaintiff left defendant’s farm he said that ho was going to return in ten minutes.—His Worship .said that it was very clear that plaintiff was engaged for twelve mouths. Not only was the defendant’s bath/to that effect, but alao thenlaimin defendant’s handwriting for six months’ wages in November. It was also .clear., thati plaintiff wasnot in weekly service, and that ho had left before the term of service was ever, without-assign-ing any reason. If his statement were true that prostitutes .were sent oat to him, and that he had left on that account, his action would have been justified, as no servant was bound to stay in a place where there was anything contrary to good morals. He, however, did not state at the time his reason for leaving, ~aud merely went away.> Taking into consideration the whole circumstances, he could not sustain the.claim; , judgment would therefore be for defendant. [Left sitting.!]. .