RESIDENT MAGISTRATES COURT, GREYMOUTH.

Grey River Argus, Volume XII, Issue 1252, 3 August 1872, Page 2

RESIDENT MAGISTRATES COURT, GREYMOUTH.

Feiday, August 2. (Before W. H. Revell, Esq., R.M.) Assault. — Antonio Wilson, of Parqa, was charge^ on the information of Andrew^ Cane, with assaulting'hitn<on the night cf the 30th July. ; The complainant stated ►that the defendant came to the door cf his hut arid asked for drink. He told him he had none,, when, defendant struck him. He ran away, and defendant attempted to follow . him, but fell into a water-race. Later the same night, the defendant came back, but when he saw' that complainant was prepared for him he ran away. The defendant stated that he never touched the complainant. He mistook the hut for a.public-house, and when he attempted to enter the complainaut pushed him into a water-race. ; Defendant was fined 10s, and 9s costs. r Damaging Property.— Ernest Hansen was charged on the information of Elizabeth Verran wiih wilfully and maliciously damaging two doors and one window, of the value of L 2, on the night of the 27th ult. The defendant did not appear. The evidence went to show that the defendant went to the house kept by the complainant in Albert street on the night of the 27th ult., and attempted to force his way in. He smashed in the front door, threw stones through the front window, then smashed the. back, door to pieces. The defendant was fined L 2, costs of court,; professional costs; and ordered to pay LI 2a 6d for the damage done, or in default, one months' imprisonments .'Charge of Embezzlement.— Charles Duppa Hardwick. was charged on the information of Maurice O'Qonnor, Chairman of. the Paroa.Road Board, that on or about the 10th November;" 1871 , and while acting in. the capacity of secretary to the said Road Board he embezzled the sum of L22lBsBd. Mr Guinness appeared to prosecute, and Mr Newton and Mr William Perkins for the defence. Mr Guinness made an explanation to the; Bench that between the time this information was laid and the arrest of the prisoner the money was , paid in, to the Board's account at. the Bank, so that the Board really lost nothing under ;the circurastanceSi The Board had since then determined to proceed no further with this prosecution, and he accordingly declined to tender any evidence. The. point was then raised .as to whether' a prosecution i of this nature could be withdrawn, and Mr Guinness quoted from "Johnston" to show that it could; Mr Newton stated that the other side" were surprised at the statement made, but quoted the " Travers Twiss'' case, which recently occurred in England, to show that a prosecution could be withdrawn even 'after evidence had been taken,- and a prima facie case made out. But in regard to the present charge^ he quoted the 75th clause of the County of Westland Act in order to show that any officer of a Road Board was only compelled to deliver up books, accounts, or the balance of money due, yili&ri thereunto required, and if a refusal continued for five days, legal proceedings could then be taken. In the'present case, no demand had ever been made on the defendant before the. money' in question was paid into the Bank. The Magistrate said the matter was vety much in the hands of the Inspector of Police. Sub Inspector Hickson said the case had been taken out of his hands that morning, and Mr Guinness now represented the Paroa Road Board in the matter. Mr Guinness explained that at the usual meeting of the Board held, the previous evening, it was resolved to withdraw the prosecution, as the Board had not been losers by the defendant. He (Mr Guinness) had only received his instructions at ten o'clock that morning, and that wag the reason why the counsel on the other side had not received notice of the intention to withdraw. After some further argument, the Magistrate allowed the charge to be withdrawn, and the prisoner was discharged. "■ ■-;•■"' ■"■■■""- '"■•'■•;"•.;