RESIDENT MAGISTRATE'S COURT.

Lyell Times and Central Buller Gazette, Volume V, Issue 208, 7 February 1885, Page 2

RESIDENT MAGISTRATE'S COURT.

Jriday, 30th January, 1885. (Before Frank Bird, Esq., R.M.) W. Little, T. Cunnin*htni, C. Weeks, and J. Hewitt, were eaeh charged with having bean drunk in a public place. The 3 fint-named admitted the oharge, wjere fined se, and 7s oosts in each case. Hewitt

denied the eharge, whereupon Constable Bowden gave evidence to the effect that his conduct had been peculiar on oue occasion, aud that he had provoked persons by calling out after them. Fine 5s and 7s costs. Mason v. M'Dowell.—C. M'Dowell, appeared on an information laid by Henry \V. Mason, and charging her with having unlawfully and maliciously eut down portion of a fence, the property ef complainant. Plea. Not guilty. Complainant stated that on 28th Jan. he found defendant and her boy making an opening with an axe in the fence which separates the two sections, and which is erected on his property. Later on, found her smashing part of the front fence in, with an axe, (board produced) there Was an opening large enough for a man to get through, which left his workshop accessible. He asked that defendant be made to pay costs, and be bound over to keep the peace. Thomas Buddie appeared om a subpoena at instance of complainant, but his expenses not being forthcoming, was allowed to depart. Ellen Williams, gave evidence that she was a neighbor of both parties. Recollected 28th January. Saw Defendant chopping a plank that day ; when spoken to, she said they could bring the 4 bobby " up to see it.

Cross-examined —Know thtre is a dispute about the boundaries of sections, and that defendant claims portion of complainant's ground. C. M'Dowell, the defendant, stated that a drain ran between the two seetions; in cleaning it out, it wag ioand necessary to remove some boards.

Cross-examined--The opening was made to allow niy boy in and out. The ience ia on my ground.

Chas. liowden, Constable of poliee; deposed, that on the day in question he went to complainants' place, Mason fearing a breach of the peace. Saw a boy cleaning drain out. Defendant said Abe marked the board on the iront fence to show where her boundary line was. Defendant appeared to have disturbed the fence for a very £ood purpose.

The Court considered the case a trivial one, and that the evidence failed to support the information, which would b* dismissed with costs against complainant.