RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3588, 22 August 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, Ap#uw.2l. (Before J. Bathgate, Esq., R.M.) A Pugilistic Encounter.— Wm, Gunnery and Alex. Holmes, charged with fighting in Rattray street, were discharged with a caution. It appeared that another man had assaulted both of them. Gunnery, a well-made man, who had served in the Armed Constabulary, held a medal for good conduct. An Unruly Son. David thirteen years of age, was charged on the information of his father, James Patterson, a seaman, with being uncontrollable. He was sent to the Industrial School for three years, and ordered to be instructed in the Church of England form of persuasion ; the father to find security for the payment of 5a per week towards his son’s support. CIVIL CASES. Borrows v. Smith.—ln this case, heard a short time back, his Worship now delivered judgment as under:—ln this action I find that on the day in question the plaintiff and his driver came down St. Andrew street in the plaintiff’s buggy and turned into George street, which was then in a crowded state with vehicles waiting at the Oddfellows’ Mall; that when the plaintiff's buggy was nearing the Oddfellows’ Hall a cab was approaching in an opposite -direction, followed by the defendant’s coach ; that the defendant drove bis coach out irom behind the cab and attempted to pass it; that at this time the plaintiff s buggy was as near to the side of the street to his left as it could be got, there being cabs standing betwixt it and the pave ment; that the plaintiff seeing the defendant approach from behind the cab stopped the buggy to avoid a collision ; that tne defendant continued driving and endeavored to take his coach between the dab he had been following, aha the plaintiff s btiggy, although

here was not sufficient room to do so with saf -ty ; that in so doing he came into collission with the plaintiff s buggy, which was on his right hand, and also with tha cab on his left; that by the collision the plaintiff’s buggy was upset and broken, and the plaintiff and his man thrown out. I have arrived at this finding after a careful analysis of the evidence, aided by a personal inspection of the locus, and without taking Pearce’s evidence into account, as he did not see the collision take place. I have also thus giv*m the defendant the benefit of any doubt as to Pearce’s evidence which has arisen through Mlllichamp’s statement. Independently of Pearce, the preponderating weight of testimony is clearly against the defendant. lam satisfied that the defendant, not having in the circumstances exercised ordinary caution in the crowded state of the thoroughfare, was to blame for the overturn of the plaintiff’s buggy, and that the plaintiff did not contribute thereto by negligence or want of skill either on his own part or on the part of his driver. The defendant is therefore liable in damages, ft is proved that the repair to the buggy will coat Ll9 10s, and that its value will be depreciated LIO, The plaintiff is unable to give farther details of bis damages, except that he has been obliged to hire a buggy while bis own is being repaired, and that he is thereby inconvenienced, his own buggy being adapted for usa by him professionally. Making a reasonable allowance for the cost of hiring and other damages resulting to the plaintiff, I assess the amount of damages at L 45, for which sum judgment will ba for the plaintiff, with costs.—Mr 'tout gave notice of his intention to ask for a rehearing—the decision being against the weight of evidence, and the damages excessive. Duxbury v. Calder and of LSO, balance of account due. Mr Barton for plaintiff, Mr Stout for defendants.—Mr ivtout explained that defendants were placed in a very peculiar position. Three actions were pending all about the same thing—the sum of LSO ; in fact the matter resolved itself into a triangular action. —After Messrs Barton, E. Ooolj, and Smith had been heard, the case, with the two others referred to, was adjourned for a month. Saturday, August 22. (Before J. Logan, Esq., and J. Brown, Esq,, J,P:’s. Drunkenness.— William Cottar, William Young, William Cochrane, and Charles Fraser were each fiaed ss, with the option of twenty-four hours’ imprisonment. Robert Chain was fined in a like penalty ; and for assaulting William Farney, barrack-master it tha Princes street Depot, 20a or three iaya’. Prosecutor had hart to turn out five drunken men from the barracks during the day, and in ejecting defendant he deliberately turned round and struck him. Chas. Keast, charged with being drunk whilst in charge of a horse and buggy in George street, was dismissed; as was a second charge of driving hia horse and baggy at a furious and reckless pace through King and Albany streets. A Pickpocket, John Collins was charged with stealing, on May 6, from the person of Alex. Holmes, two Li-notes, at the Olympic Music Hall, Stafford street, Dnnedin.—t'rosecutor went to sleep in the nail on the night in question. While so asleep, his mate (David M. Clinker) saw prisoner extract the money from the prosecutor’s pocket; the modus operandi, as described by the witness, being as follows : While prosecutor was bitting on the s>fa, prisoner put the two forefingers of his right hand into the prosecutor’s right trousers pocket, and took therefrom two Li-notes. L’hese he promised to restore on the following morning, but on being asked by prosecutor next day for the money, he said they had been taken from him.—Prisoner, who said he thought he was doing a kindness iu taking the notes, which he found on the floor, was fully committed for trial.