RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Grey River Argus, Volume III, Issue 204, 4 May 1867, Page 2

RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Wednes^lV, May 2. (Before W. If E^^l, Esq., E,.M.) CIVIL,Cp|]£ The following eases" w^e, dismissed, there being no appearance of either; party :— Aiileck v. Heslop, Wagseholl v.' D.i&ai-d, Same v. Lorenz, Same v. Jacobson,>Gleirtlhill v. Montgomery. _y" :-v* Judgment by default was given. m .Strike and Son v. Miscampbell, for a balance of account of LI 4; George Marks V. .'O'Brien', a claim for* La Ss Gd, being the balance' of live weeks' wages for boating at :JOs a week, on which L 2 2s had been received ; Frederick Miller v. Gilmer Bros., for JAveiity : d'-.v*_eii of eggs at 2s!9d— the defendant not having put in an appearance in either case. Montgomery v. Hammett.'— This case, although it occupied the attention of the Court tor several hours, was of so little public interest, that its details may be summed "up in a few lines. The claim was for'LS 14s, for freight on 1140 lbs of goods bought at Greymonth and delivered at defendant's store, at the Blackball. There were also other charges for the price of the goods fhemselves, plaintiff claiming to have acted 'throughout as Mr Maininett's agent in the transaction. The delivery to the storeman was proved by Charles Batterson, a.' boatman iii the plaintiff's employ ; but Mr O'Longhlin, for the defence, showed that the merchandise had not been delivered for several days 'after the time at which it was expressly stipulated on the order beihg'giveu 'that it should" be sent, and wns consequently useless; moreover; that it was not according to order, defendant having particularly mentioned that lie wanted Christohurch Hour,, whereas Californian flour had been scut j and that defendant had, 11 oii coming down to Gijeymouth to purchase the goods for himself, mot plaintiff's boat ''at the coal mines, and told him that as he had not hi ought the goods earlier, he could not now take them, and had given orders to the man whom he had lefb in change not to' receive th em ; Case dismissed with' costs of Con r t ; A 1 corn arid Co y. Hammett. — This case case arose out of the same transaction as the procetlinir, being- a claim made By plaintiffs for Lib' 7s 2d, for goods s : old to Montgomery as agent for Hammett. Mr O'Loughiin succeeded in showing that the defendant liael always dealt with Montgomery as a merchant, and had never- employed him as an agent, and refused to acknowledge receipt of the goods charged for, .whichhail been left in his store, not merely without his sanction, bnfc in direct contradiction to his orders. Case dismissed wit li costs of suit. G. Lowe v. G. Moodie. — Claim for Lo 5s Sd, for attendance as nurse during the confinement of plaintiff's wife, and one day's washing. Mrs Lowe stated that she had been altogether about a fortnight engaged, and though this, had occurred in Novembeilast-, had not 'previously taken out a summons, because she had expected Mrs Moodie, who was a neighbor, would have compensated her long since. The defendant's wife being absent at Fox's, the case was adjourned for a fortnight fur the jH'oductiou of her ovidenoe. : ' W. Pan! v. Joseph Kilgonr.— This, which was a claim for Lo, in rcferoncj to some arrangement between the parties, who both had booths ab the late races, was also adjourned for a fortnight, to admit of the appearance of one of plaintiffs witnesses. Bail Caxckhlkd. — John Banuon, who stands committed for trial at the' next District Court at Hokifcika, for an attempt to commit an unnatural offence, was brought up by .the. police on suspicion of being about bo cv;- do. justice by escaping from the colony, ho having been set at large tho previous day on cut iringinto his owii recognisanci-s of LIOO and tindju.; two sureties of Lol) each, notwithstanding that after the iiisb hearing lie hail, in op| osiLion to tho application of his solicit. ir, Mr Tyler, for bail, elected to i - ni.-iiu i:i prison, in order, as he said, to.shield" himself from the annoyance to which he would b>. subjected outside, while under the ■Kturu>-'.<.if sue!) a f.m! elu'r,'o. He hadsubscqiien 1/ applied for bail, and had been liber: li'jd accordingly, in order, as he shited, t-ha'c :i<) might be in a. butter position to protect his property than ho 'could be while 'o:ke:l up iirjirison. .Soon after his libera-tio-i he had given information of an alleged rubbery that had been committed in his hut, bit which there is good reason to believe was .only got up ns a blind to withdraw the attention of the police from his real proceedings. ■■ Inspector James stated that having learnt that the prisoner was disposing of his property in a manner that induced the belief that he was preparing to g-jt away by the Panama mail steamer, he hail caused him to be arres-eel, and his two sureties to be summon -)d to appear before the 'Court. Malonry. a boatman, was called, aud deposed that he had known B.annonfor some liino. He asked him on Tuesday to purchase six boats, and his interest in the Postoffice Hotel. Ho did nob want them, but ■ha -I untimately bought the boats for LIOO, and was to give L2OO for the hotel, but no difinite arrangement 'had been niade. about that, although -he- was to obtain possessions that morning. ' Had' got the boats and the" -business license for working them handed over to him, and had arrangcrt Avith the men who were working them that they were to have whatever they could make out of the present trip for themselves. He would have nothing to do with the bargain, fearing it was illegal, and that he might get into some difficulty about the trial, until Mr Tyler convinced him it was all right, by reading a passage out of a book, showing that a prisoner under committal had a perfect right to dispose of his property. Heard prisoner say he would leave the Grey. Cross-examined by Mr Tyler;. Prisoner had said, that if acquitted to-morrow, he would stop on the Grey. Afterwards heard him say that he would leave, but did not name a day. It was to be decided that day about the "house. Mrs Williams, said that it" witness took the house, she would want the rent lowered, and he told her it was not. yet settled. By" the Court : Was to give. L3OO for hotel and boats, provided he would give me the stock of drinks. (Receipt for LIOO produced,) Thomas Twist, one of the prisoner's suretiesj stated that he had received a cheque on the bank for Lot), as security for the -bail. Had given an acceptance for the amount provided the prisoner surrendered to. his .trial. Bannon had said two or three times' that he had no idea of leaving the Grej. Patrick Flannery, the other surety, made a statement to a similar effect. He had expressed some uneasiness as to the prisoner's leaving the place. On cross-examination,-: he sauf that the prisoner had told him more than twice that he was going to stand his trial. Had promised to lodge LSO for him (witness), but did not do so. Had asked for it once, ands Mr Tyler told him that he.held the 'money, but the payment depended" upon the contract with Maloncy. being carried out. If the LIOO were paid to Bannon, witness was to get the money. Had threatened that morning to withdraw his bail. Mr Tyler' appealed to the Bench for the continuance of tho bail, and quoted from "Burn's Justice' a paragraph to show that a prisoner awaiting trial could legally dispose of goods and chat* tels, although he could not deal with real property. The Magistrate, in reply to the objection that bail could cuily he withdrawn on application of the sureties, said that by the Justice' of the PeaS& Aqt the .appliQation might come from ei^fer thrs prosecutor or sureties, and in this <mkV pope were the prosecutors. The i'-Wm n|6n his mind

, of his property in the way he had done; # J|H| to escape frpm justice. The "bail would 7 therefore "be cancelled, .and the prisoner sent back to gaol. The prisoner grumbled out " impertinent observations on this decision, and was removed in custody. ■Indegrnt Assault.— William" Smith was 5 brougiit by the police, charged with having* - committed indecent familiarities with Emily Brunetti, au interesting little girl, seven . years of age, the daughter of Henry Brunetti, who keeps the Bridge Hotel at Saltj water Lagoon. When placed beside the . Magistrate, she gave her evidence with re--markable lucidity and self-possession for so I young a child. It was to the effect that sh6 ( .« r had been left iii the house on Monday lnghtM-l : last" Avith only her younger brother 4nc]^ t sister, a man named Henry Beaver,' andtlic ; accused, whom she knew as "Fred." She • was sitting in the long dining-room, learning . her lesson, when tho prisoner came over to j her, gave her some money, kissed her' . - squeezed her hand, and took certain libertie^ r with her which she described with great pre- . cision. When she resisted and crossed over • . to the other side of the room, he followed'hcr ; and repeated Ji is conduct. " She went to bed . after fastening the door 'of the bedroom, and ; leaving the candle burning. When she awoke . in the morning the door was open, the ; candle blown out, and the prisoner asleep'on , her mothers bed , ■' On going to the door, she 'i . found her mother had returned, and was *'" s busy washing. She toid her what had hap- [ pen eel the previous evening. Henry Beavcrj . 3 a butcher, partly employed' by Mr Brunetti' " , ,had been in and out --of the house during the I r evening, and had seen Fred, "with "his" arm ■ ; over Emily's shoulder, apparently teaching i t her her lesson, but had' seen, nothing of any! } I improper familiarities . Keturnecl fr^ across I ,- the lead about half : past ten, and fin'dingTfh^^ L house shut up and in darkness, had gone ■ 3 elsewhere to sleep. Margaret firurietti," the -^ , mother of the child, stated that she had gone 1 t on -the evening in question to visit: a neighbor, ■' , Mr M'Leod, where some friends" were asscm- ' i bled, aiid had nqt returned' till fiyVthe"next 3 morning. Prisoner was left in charge of tlie premises with the three children. Had ; known him about a fortnight. He was em- : i ; ployed in boating for her husband on the . lagoon. When she returned hpn^c in tKe , morning, her daughter told her of Frederick . (the prisoner] haying given her two shillings' ; and a sixpence for herself, and sixpence to the baby. This roused her suspicions, ancL^*. on questioning the child, she related ''to .tfer/V ; what had taken place. Had afterwards \ . examined her person and underclothing* but' V ; had discovered-nothing to make her. bdievc \ . that any criminal offence had been cemiimfc'-T' •£ ted. She found prisoner asleep on her bed, ; drunk, and niado him get up, when Tie" went . to sleep on the sofa, ' and 'slept 'throughout . the day. Slie should not have said .anvr tiling about tho occurrence, but ■ tfiev—»-» policc-serjeant happened to overhear her J , recounting it t.» another person, and J he t(o,'c the prisoner into custody. Thesf*"*' : prisoner refused to ask any ijues'tioirs eif , aiH^- v -V :of the witnesses, aud when asked what he • | . liad to say in reply to the accusation, con- [l tented himself by plcsidiug ".iiot guilty "' '■ Tho Bench observed that there could be little -' ; doubt the prisoner was .morally guilty of tliQ .charge, but as it rested solely on the unsupported testimony of a very young child (who had, however, given her testimony .with I manifest truthfulness), aud -jis the more I serious crime did not appear to have been I attempted, the case woul'l be dismissed. " I A Fight For: a FAKE.-^Jamcs Donovan I .and Peter Foster are both foreigners and' ••■ rival boatmen at the Flagstaff Point, and""on' I Sun-Jay Vvoek indulged iti the amusement of 1 fouling each other's boats.' 'This induced j£^B passenger to jump from one to, 6fl6^UK!iy.-uI(T^H alight ensued for . the_ consequent shilliiif. ■ W liijthe course of it Donovan got what Belt's /''l ■JAJe would describe 'a» '"a siiijisher on his > f ti'tvr trap/ for which Foster now was called M upoii to clisbiu-sc ss. ami costs.'' ' :> y \ Fkidav, M.vvS. 1 A r'avatku A srault. -Job it Harrington N A a irijiior.. against, whom an information was V^ laidiin January last for having, in coujuj)«^i{ *1 I witA Oiie.'Maloi l ey, not in'ci'iscotlyf violent^' •- aysjUilted, kicked, ami beaten 'Mr (jeor-4 Mai ie Stuart, em the 27th January, at the Fenian Lead, Saltwater, and who absconded,' .-m I pis not beeu'sesn since tliat time until • captured by the liokitika police on the 29th nit., hvas placed at tho bar on this charge/ .^ The particulars will be in the recolicction°(»f : "\ ourraaders and need not be recapitulated.' ] The prosecutor's wife and daughter were called Jo- prove the charge. The prisoner -i adduced proof of " soinc 'mitigating circumstances.Unasinuch as it appeared the prosecutor struck him first with a frying-pan, in' 1 mistake (for Maloney, for whom the blow was ff intended,. Taking these into consideration,' I ■ the Coui-t inflicted a iinc of ouly LlO aud p .costs, atid disinisscd the prisoner with a \% serious reprimand. • - \s\