RESIDENT MAGISTRATE'S COURT, LYELL.

Lyell Times and Central Buller Gazette, Volume VI, Issue 257, 23 January 1886, Page 2

RESIDENT MAGISTRATE'S COURT, LYELL.

Wednesday, 19th January, 188 C.

(Before Frank Bird, Esq., R.M.)

Fennell v. Peter Passini.—Claim for £lB 15s lOd. Judgment for the amount claimed, with £1 costs.

Ryan y. Prytherick. Claim for an 1.0. U. for £9, and a quantity of bacon amounting to £1 10s. Judgment for £lO 10s and cost of Court; professional fee, 10/6. Mr Moynihan for the plaintiff.

M'Coy v. Casslani.—Adjourned to next Court day. - i Wolf and Co. v. G. Edge.—Claim on judgment summons for £l4 10s 7d. Order made that the defendant pay the sum of £1 per week, such payment to be made monthly to the Clerk of the Court, Lyell, and first payment to become doe on February 16th, 1886, in default of any pa3'ment, the whole amount to become paj'able, and in default of payment one months' imprisonment in the Westport Gaol.

Carmine v. Crabb. —Claim for £l. Judgment lor amount claimed and costs, 6/Passini v. Wicks.—Claimed .£l7 4s, balance due for labour done on Eight Mile road. Mr Moynihan for plaintiff. The contention set up by defendant was partnership in the contrast, which failed, and judgment was given for £H 4s, at the rate of 10/- per day. Costs of Court. Professional fee, Ml Is.

police v. ryan. Charged with drunkenness in Cliff street Lyell, on the morning of January 3rd. Mr Moynihan appeared for the defence. The defendant was fined 5s and the usual costs. In this case the Magistrate expressed a hope that defendant would not appear before him again, having repeatedly beeu brought up on a similar charge. He would deal leniently with him on this occasion, taking into consideration the holiday season. POLICE V. CARROLL. Charged with a breach of the Licensing Act by keeping licensed premises open after hours.

Charles Bowden, Constable of Police: shortly before 1 a.m. on Christmas morning I was on duty.' Heard loud talking and singing in the Criterion Hotel. Knocked at the door and Carroll came, when I told him to keep his house more quite. He said, "surely, you'll give a man a show on Christmas day." The house was kept open all night. He refused to close the house, and used insulting language.

Cross-examined by Mr Moynihan : I did not demand admittance, anil did not want to go in- I went to the other houses and found them closed. I deny using.the expression that I would have Carroll yet. Carroll said nothing about the people being boarders. I know of neminers using that house except some of the Tyr Connell men.

By the Court: I am positive that it was alter 12 o'clock.

H. \V. Mason: Am a builder and contractor residing at Lyell. Remember the morning of 25th December. Saw Constable Bowden knocking at the Criterion door. The place appeared in total darkness, and the house was not open. Mr Carroll requested the Constable to make himself as vigilant about other houses as he did with him, and said that it appeared as if he was determined to prevent him making a living. Heard Mr and Mrs Carroll singing. Recollect the Constable remarking that it was very hot; thought

he referred to the weather. I objected to being subpitnaedor having anything to do with the case. Cross-examined by Mr Moynihau : Am positive that the house was closed and ill total darkness. A man endeavored to get admittance at the time and failed. By the Court: I have been spoken to by several parties in reference to this case and refused to discuss the matter. Mr Moynihan addressed the Court, and in a very forcible speech pointed out the paucity of evidence for the prosecution, and on the othir hand the overwhelming evidence in favor of the defendant. The Magistrate said, taking the weakness of the evidence tendered by th< police and considering it was Christina.time, he was prepared to look upon the case with every lenience, and dismissed the information. POLICE V. CARROLL. Charged with using insulting language in a public place, Cliff Street, Lyell. On the application of the police the information was amended from obscene language to insulting language.

Charles Bowden, Constable of Police, stationed at Lyell: On the morning of the 25th December, when cautioning defendant to close his house he made use ol threatening and insulting language. By Mr Moynihan: There were only two men in the street on the occasion. Carroll did not attempt to strike me. I swear distinctly that the language handed in was used b} r defendant.

H. W. Mason : The Constable requested Mr Carroll to stop the singing in his house. Did not hear Carroll use any language worse than that the Constable could do his damdest, and having purposely left at the time could not hear anything further. I did not hear Carroll use any threats to the police. By Mr Moynihan: Am positive that the only language by Carroll was that the Constable could do his damndest. Carroll did not appear excited.

Mr Moynihau addressed the Court for the defence chiefly with the purpose of showing that spleen, &c, actuated the police in bringing the charge, and then called

Edward Carroll: I am licensee of the Criterion Hotel. On the night in questiou all the lights in the house were out and the bar closed. I requested the Constable to close the other houses as well as mine. Admit, when the Constable aggravated me by, as I think, unfairly using vigilance with respect to my house, telling him to go to hell. Have been warned that the Constable in Lyell has stated that he would have me.

At this stage of the proceedings the Magistrate remarked that he was sorry to see a tendency in L}'ell to attribute motions of spleen to the Constable in these and other cases, and he would decidedly object to such a course being pursued. From a close observance of the Constable's conduct, together with the Inspector's reports, he could feel no other thau satisfied with his action. Thomas Callaghan: Remember the morning of 25th. Was in Carroll's on that occasion. The Constable came and requested defendant to close his house and stop the singing. Carroll made use of no other language outside of " go to hell." There was no disturbance or noise in the house other thau a little singing, and those present were boarders. Mr Moynihan addressed the Court at considerable length. The Magistrate was not inclined to look upon this case with the same lenience as the last, and considered the charge sustained by fining defendant £1 and costs of Court.

WARDEN'S COURT.

Wednesday, 20ih January, 1886. (Before Mr Frank Bird, Warden.) Applications. R. C. Savage: special site for Larnach Company. Granted. R. C. Savage: water race for Larnach Company. Granted. H. Garbett and P. Franconi : Gold Mining Lease for Wheel of Fortune Company. Adjourned for survey. James Inglis: Gold Mining Lease for United Italy Company. Adjourned for survey.