RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume VI, Issue 425, 3 October 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, October 1. (Before W. H. Re veil, Esq., R.M.) Drunk aio> Disorderly. — Thomas Kelly, foi' having been drunk and disorderly, wa3 fined £1 or forty-eight hours' imprisonment ; and for assaulting the arresting constable, £1 or a week's imprisonment. CIVIL CASES. Woolfe, Mace, and Co. v. A. White, Moonlight. — In giving judgment in this case, heard on Tuesday last, the Magistrate said this was a re-hearing of a claim for the value of a cask of beef, and fresh evidence had, been brought to set aside the former judgment. From the evidence he had before him now, it appeared to him that Ham mitt was not responsible for the beef, had neither purchased it nor knew of the purchase, and repudiated it from the first. The material evidence given on either side was that of Rodgers and White ; and looking at their evidence, strengthened as it waa by that of other parties, he did not see that White had bought the beef, and his conduct throughout showed that he had not done so. The weight of evidence went to show that White did not make the purchase, and the judgment in the former case would be confirmed. Case dismissed. Dickson v. Raebiirg. — Claim of £1 8s. 4d. for work done in cutting a race. Judgment by default, with costs. David M'Gathie v. Captain Daniels, of the s.s. Wallabi. — This was a claim of i' 33 for damage done to a cargo boat, and for loss sustained thereby. Henry Palmer stated that, on the 17th of August, he was in charge of the plaintiff 's boat, and on the previous night left her lying at the lower end of the wharf, close in to the piling, and not at all in the stream. Next morning, he went out to see the boat loaded, and saw the Wallabi dropping down the wharf. He saw that if she came further she would smash the boat, and he called out to the person in charge of the steamer. He tried to pull the boat under the wharf, but he was not able to do so before the steamer swung in and crushed the boat against the piles. He had heard of no orders being given to shift the boat from that place. It had been customary

for boats to lie there for years. The Wallabi Avas not under steam that morning ; she was being moved by ropes. The plaintiiF stated that he owned a boat called the "Yankee Girl" on the 17th or 18th of August. He Avas in the Hospital at the time, and he heard that the boat had been smashed. He gave an order for her repair, Avhich cost £5 10s., and painting £2 10s. , and he had lost two freights to the Ahaura, off which he Avould have made a protit of £24 10s. The usual place for boats to lie was where his Avas. Alexander M'lsTeil, who had charge of the "Yankee Girl," had been on the Grey since the first of the rush, and never heard of any order being issued up to that time for boats not to lie Avhere his Avas. Since then, a notice had been issued by the Harbor-master. He saAV Captain Daniels and Mr Freeth, the owner, afterwards. Mr Freeth was willing to settle the claim, but Captain Daniels positively refused to pay anything, as had got orders from the Harbor- master to change his berth, and he Avas doing so. He Avas asked to come and look at the boat, for the purpose of holding a survey, but he refused. For the defence, Captain Allardyce, Harbor-master, was present when the accident took place. The Wallabi Avas placed at the lower end of the wharf, and he ordered her to slack aAvay, in order to let the John Perm come alongside. He saw the position of the boat. I called to Palmer to jump in and push it astern, Avhfth he could have done, and cleared the Wallabi ; but he hauled her up to the wharf, and Avhen the steamer dropped down she was crushed. The Wallabi was under his charge at the time, and the man Palmer in charge of the boat had plenty of time to save his boat if he had obeyed the orders given him. The Wallabi Avas slacked aAvay by ropes. The boats had been in the habit of lying there, but they Avere supposed to have a man in charge by night and day to shift them when called upon to do so by the Harbor-master. The Wallabi Avas moving before orders Avere given to shift the boat. Mr Perkins addressed the Bench for the plaintiff, and the Magistrate said he thought sufficient notice had not been given to remove the boat, and Avhile the man in charge Avas endeavoring to do so it was crushed. Persons in charge of boats or steamers were, to give strict obedience to the Harbor-master's orders, but Captain Daniels, before dropping his vessel down, ought to have seen that his Avay Avas clear. He would give judgment for £ld ss. and costs.

Friday, October 2. (Before W. H. Revell, Esq., R.M., and M. Keogh, Esq., R.M.) ASSAULT. Waters v. Hector. — This was a charge of assault on the Ist instant. From the plaintiff's statement, it appeared that on the morning of the Ist instant, the defendant came to the Melbourne Hotel and produced a copy of the Grey River Argus, asking if he Avas the author of a certain letter to the editor signed " Citizen." He (Waters) gave an explanation, but defendant called him a b liar, and other similar names. He replied, "well you are a blackguard," and ordered him to leave the house. Defendant asked him to come out and fight him, but he declined, saying he Avas no fighting man. Defendant then caught him by the collcir, pushed him into the street, ' ' and rained upon him a shower of blows,'' from which it was impossible for him to protect himself. He held up his hands to protect his face, but did not strike the defendant. A Avitness corroborated the plaintiffs-statem-ent. The defendant Avas about to make a statement in connection Avith the letter, but the Bench ruled that they could hear nothing Avhatever about that. All that was before them Avas the assault. The defendant then admitted having gone to the hotel, and some words passed between him and the plaintiff. He denied having struck the plaintiff more than the plaintiff had struck him. The plaintiff found that he was not the best man and took the present action. He called T. Trist, who said he saw the fight between the parties It Avas a fair light, both men trying to hit the other. There was no foul play, and Avhen the plaintiff fell over a cask the defendant did not hit him again. .Mr Revell said the Bench were of opinion that a Avilful and deliberate assault had been committed, arising out of a letter which had appeared in the newspaper. The defendant must be aware that neither he nor any man could be allowed to take the laAV into his own hands in this manner. If lie had been injured or libelled by anything in the paper, had his proper remedy in another Court. He Arcrald be fined £10, Avith the alternative of tAvo months' imprisonment. £3 Avas ordered to be paid to the plaintiff. Anderson v. Cattle. — The complainant did not appear, and the information Avas dismissed.