RESIDENT MAGISTRATE'S COURT, NO TOWN.

Grey River Argus, Volume XII, Issue 1344, 19 November 1872, Page 2

RESIDENT MAGISTRATE'S COURT, NO TOWN.

Tuesday, November 12. (Before C. Whitef oord, Esq., R.M.) CRIMINAL CASES. Four inebriates- were fined in the usual' penalty for being drunk and disorderly! J ohn Martin was charged with being drunk, also with assaulting Edward Hughe3. The defendant was concerned with another man, who did not appear,-: in the assault on. the complainant. .The ; defendants ' were fined '408 each, with ( costs, or one week's imprisonment. ~ ;

James Ashworth was charged ; with .. assaulting John F. Wickham at Swiss Terrace,, Candlelight, on 30th. October.! This dispute amae in consequence of the. complainant; diverting the flow of wateri • in a race and flooding the paddock of the •-•■■ defendant. : The .injury done to the defendant's workings formed the ground, of ■ action for damages in the Warden's Court ■■■■■ farther in the day. Several witnesses were examined on both sides. The defendant was fined L 3 with costs, witnesses expenses, and professional costs, or in de- . fault, 14 days' imprisonment. The fine was paid. The' Bench remarked that the defendant had received some provocation, v but he had no right to take the law into his own hands. Mr Perkins appeared for ' the prosecution. - , • Albert Gennberg was charged with ob- im t taining money under false pretences from v * Minnie Faler, at No Town, on 24th Oct. ; Mr Newton appeared for the accused, and stated that the prosecutrix was willing to withdraw the charge.' The information was laid under a misapprehension. Mrs Faler was ready to state that if Gennb,ejg had asked the mpney for himself he would have obtained it from her, or a larger- " sum. Senior Constable M'Myn objected to the withdrawal of the charge, at all events until the evidence for the prosecution was taken. . The Magistrate directed the case to proceed. Minnie Faler said the defendant came to her hotel' on the evening of the- 24th October, and asked, her for L 2 He ' said his mate, tjqh,n Lyons was in some trouble, andhe wanted the money for Lyons. She gave him the : money/ and he promised to call and pay it the following day, but did not ' do so. On. learning he meant to leave the district, she informed the police, ■ In crqss examination by Mr- Newton, the witness sftid she would willingly lend Gennberg the money on his own account. John' Lyons said the defendant was working with him for some time, The defendant made up his mind lo leave the district, and they (th© defendant and himself) resolved themselves into a com- , mittee of ways and means. He told Gennberg that as he had spent the greater part of his money in the township, some v of the business' people there were equi- > tably bound to contribute something towards a travelling fund. He suggested Mrs Faler as a likely "mark," andhe "advised" the defendant to get L 2 from her if he could, but he did not "authorise" him to; do so. Gennberg it seems took this neighborly advice,- and his sub-* - sequent arrest was the consequence. The Magistrate told the accused he had placed himself in a very da>geroqs ppsir . . tion, and had very nearly made himself ; liable to six months' imprisonment. The evidence of the prosecutrix that ; he could i have the money if lie asked for it on his own account was in his favor, and there was a doubt as to what transpired between Lyons and himself before the money was obtained. The defendant being a foreigner might have misunderstood the nice " distinction without a difference" between the " authority" and : "advice" given him. by Lyons. The Court would give lain the benefit of th.6 doubt and discharge him. Mr Newton : applied for certain moneys found on the person of the accused when, he was arrested. Senior Constable M'Myn .objected, and applied that the Court should direct the money to be expended in re--paying the cost of bringing the defendant ■ from the place where he was arrested to No Town. The Magistrate refused to make a definite order on either application, but remarked that the police would be almost justified in retaining the money ' and expending it as proposed; Mr Newton said the application made by tho [ police was most ii-regular and extraordi-' {" ; nary under the circumstances. His client ■'/ had been acquitted of the charge Brought ' ' against him, and if the police persisted in retaining' the money after the rising of the Court, he would hold them liable fop ■ the consequences.

The case of Nathaniel J. Low, who. was remanded from the last sitting of the Court on a charge of stealing bullion at Bell Hill, was called, Senior-Constable M'Myn stated that the defendant had been liberated on his own recognizances to appear-when called upon. Information had reached the police that, certain nuggets of gold had been stolen from one Cuningham, at Bell Hill. The defendant was subsequently found selling a qviantity of gold in nuggets of nearly similar quality and size with those described as stolen. l When Low was asked to account for having the gold in his possession, he made' the most prevaricating statements, and he was arrested." He was remanded tf. enable the police to make inquiries at Bell Hill. These inquiries had since been made, and the result was that the police were satisfied the gold found on Low was hia own property. He now applied that the charge against Low should be dismissed. The Magistrate, in dismissing the charge, said Low -had himself to blame for the trouble jhe had been in. He might have known that suspicion would rest upon hiw when he was found attempting to dispose of la parcel, of gold exactly similar to that reported to the police as stolen. Insteadbf prevaricating he ought to have given a ' straightforward account of the manner.., the gold came into his possession. TJie, ' police were perfectly justified in arresting ; him, andhe might thank himself for the

annoyance he had suffered. The charges would be dismissed.