RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3547, 6 July 1874, Page 3

RESIDENT MAGISTRATE’S COURT.

Monday, July 6. t (Before J. Bathgate, tsq., R.M.)

The Magistrate took his seat on the Bench at twenty minutes to eleven.

Dbu ' KENNESS -Manaretßussell, charged with being drunk and disorderly at the Immigration Harracka. was discharged with a caution.—John Liddle was charged with being drank ia Cumberland street on Saturday afternoon He said that it was twelve years since he was last in Dunedin, - and if he got off this time it would be another twelve years before he again came here —His Worship : What brought you here? Pri soner : Gold. I was the first man who ever found gold in the country. From the evi dence given it appeared that prisoner, with

a woman, were locked up on Saturday while making a disturbance outside Bristol House. Prisoner said that a woman stopping there had stolen his hats, and th&t when ho tried to get them the man owning the house gave him in charge. He was let off with a caution ; as also were Margaret Clarke and Robert Hardy. John Hotson pleaded guilty to being drunk in Y©rk place. —His Worship: You hare been convicted five times. I will make you a pound poorer, or forty-eight hours’ imprisonment. An Offender. —Jane Keysbam was. charged with being drunk and disorderly in Stafford street at 12.10 a.m. yesterday The offence w«g proved. Bhe was then charged with having no lawful means of support. Prisoner said sh© had only come out of gaol lagt Mpndfty, »f£er having ’‘dong” either Seven or fourteen days for drunkenness, she Ittuld hot "say which.—His Worship said that he could not send prisoner to ga«>l on the charge of vagrancy, seeing she had only been out for a week, and therefore had not had a chance. On the charge of drunkenness she was fined ss, m default hours’ imprisonment. °

A Vindictive Servant —Sarah Murphy pleaded guilty to a chtrg© laid on th© information of Constable Doran, with having, on the sth July, broken four panes of glass Of the value of 14, the property of John William Jones,^His Worship t Can you give any explanation of your conduct?— Prisoner : Yea; I did it out of spite.—'he was fined 40s, with the option of fourteen days’ imprisonment, and ordered to pay the yalqe of the windows, |?btty Larceny. John Gately was ghkrgjSq w|th stealing, on the 4th July, two Ffipden rails qf the yalqe of Is Qd, from the Jfofth-Hast Valley, t'fie property of Joseph Bolomon.=rProsecutor said that prisoner had been in the habit of stealing things from bis place within the last twelve months, and ,in consequence of his being so cunning witness had to resort to adopting an unusual brand—putting a large piece of leather on th© rail produced—go a? t.o tr » c « him.—John said toattfhjle tb» constable" and Mr Spiempn W e re outsifie'priaoner’s hoqse a boy went out of the house and bid th© waod bepeatfi it. Prisoner’s numerous thefts were a matter of

notoriety in the neighbourhood. He bed been living there twelve months, and had only bought one load of wood during that period.—Prisoner asked for a remand to enable him to bring the boy.—Sub-Inspector Mallard pointed out that he had sent to pri«inpr‘i \ri{s requesting £er to send the bey w Court. <Te his 1 great' surprise she replied mat the boy had run away from home, and that slh" cpuld not find him. He only wished that the bpy had been fyera, fpr fte would pave asked the Bench to send him to the Industrial School, and take him away from his parents,—His Worship was unwilling to conviqt any person without giving him the fuh lest opportunity. X remand till to-morrow would be allowed ; prisoner to be admitted to bail-himself in the sum of LlO, and one surety for a like amount. CIVIL CASES. Peyton ▼. Hanlon.—claim 12s, for a window broken through a goose, the property of defendant, lumping though it, qnd lUs for llvfdre broken by it. Mr' Barton* defended. —John Peyton said that wh> n he went home about 6.30 o’clock on the evening in question he found the window broken and a china vase lying on the floor broken. He found the goose in the room. —Mr Barton : Was pjit fhig goose in question a piqp, tepder, youpg gapder 2—(Loud laughter.)—Witritess; I could net say.—Mr Barton ; Ape ypq not fpnd pf gpose?—Witness : I aip a little. — Mr Barton ; J believe you have eaten eleven

others daring the past twelve months? - Witness said he was not aware of the fact. —•Mr Barton j Hava you ever ate a goose ? “"Witness t Sometimes, when my mother brings them home.— Mr Barton i Now. on your honor, daring the'last twelvemonths have you not eaten eleven of them or shared in eating them ?—Witness : I cannot say that I have—Mr Barton : Now, do you seriously say you believe that the goose jumped through the window ? —(Laughter.)—Witnes* : —Mr Barton ; Did you ever see a whale fly through a window ’—(Laughter. ) Witness : f don’t think so,—Mrs Peyton, sen., corroborated her son’s evidence, and added that when she looked into the room with, the broken window she discovered the "culprit’ flying about. -By Mr Barton: I will swear on my oath that I never chased the goose, or that I knew he kept geese Jvfr Barton : Will you swear that you have not taken eleven other geese of his’— Witness; I will swearit. _ Mr Barton ; If: eleven ethers disappeared just *« they were getting fat, would you

deny taking them ? ‘Witness: I do, most distinctly.— Mr Parton : Now, after his charging you with beiug the person who had taken his geese, and that he had die covered you, was it not most extraordinary that you should invent this story about the goeae?—Witness :It is too true.—Mr Barton, for the d. fence, said that the defendant lived in Cumberland street, and keeps a number of geese. During the last twelve months he had always lost his geese when they got nice and plump. Eleven had disappeared before this one flew through the window. At last he determined to track the theft, and kept a watch. On the night in question, he heard a flatter and noise among his geese, and he sent bis children to nnd out who was among them, determining to' find out, who was tampering with them. When he went to to demand the rL°f e li° e Waß extraordinary story that the goose had flewn into the window. He did not know whether his Worship had much experience outside of this Court in matters connected with geese—(laugh ter) - but if so, be would ask him if he believed a goose would fly through a window alone. Domestic geese, at all events, when they did fly, flew in groups, and not alone. He though it extremely improbable that a goose with expanded wings could fly through a window, 32m by 34in. He had never heard of a goose flying through a window. Of course it cost defendant more than 1 1 7s to come to Court, but he had defended the case to try and get a judgment against one person at least who had his goose.—His Wor-lflp said the case was certainly an extraordinary one. The facta, as proved, were extraordinary and uncommon, but not improbable. Either the goose broke the winflow, or plaintiff stole the goQse. He could not adopt the latter solution, as anyone must be proved guilty of a theft before he could believe that he was the offender j but in this case there was only a suggestion.' Defendant rnust pay for the acts of his foolish goo,se. Judgment was given for the amount clawed, with oasts.