RESIDENT MAGISTRATE'S COURT NASEBY.—May 29.

Mount Ida Chronicle, Volume I, Issue 18, 4 June 1869, Page 3

RESIDENT MAGISTRATE'S COURT NASEBY.—May 29.

(Before H. W. Robinson, Esq., R.M.,)

Edgar Davis was charged with not having surrendered to Ms -bail at St. Bathans, on the 11th inst., on a charge of drunkenness. 'The accused stated .that hepijfelid been detained by bad the hills, and was unable to attend.on the day named. He had now given himself up voluntarily. The excuse being accepted by his Worship the case was proceeded with. - The charge was for having been drunk and incapable, on hhe 7th inst,, at St. Bathans. Offence admitted. -Fined 205., or 24 hours' imprisonment. Edgar Davis and Eobert Kerr were charged, upon the information of Jane Annie Small, with, unlawfully entering her house at. St. ; Bathans,- on the 28th inst., and refusing to leave when ordered to do so. Both prisoners pleaded guilty. Mr. Sub-Inspector Sineock, who conducted" the prosecution, stated that as it was more than pro oable the evidence would disclose a more serious crime than that with which the prisoners were at present • charged, he. wished the"case to "be proceeded with.

As it was stated by Mr. Sincoek that .the evidence .would be of an indecent character, his Worship desired the Court to be cleared. Jane Annie Small, being sworn deponed—l am wife of George Small, and reside at St. Bathans. ~,My husband went to Queensland about a fortnight ago; my nearest neighbour resides about 100 yards distant. Have seen Eobert Kerr before.,but never the other accused to the best of my knowledge. EemembeT last'Thiirsday night; saw the accused'Eobert Kerr in Mrs. Smith's house; called me aside, and told nie that he had a message from my husband. Grave me the message, and went away. About ten o'clock I went home. Mrs., Smith's daughter accompanied me. Had no further conversation wit 1 # Eobert Kerr ; the girl stopped a few minutes and then went home. I went to bed; about two o'clock was aroused by the barking of the dog ; jumped up. and called out—" Who's there ?'' Kerr replied that it was he ; asked what he wanted, and told him to go back; said I knew what he wanted, and that he had-£5 ; told him to clear put, or I would go and fetch constable Morton; Kerr declared that he would come in and sleep there—that 1 kept a shanty; made use of indecent language. Kerr broke open the door, which was fastened' with a wooden button ; took me by the shoulder, and behaved in a very improper manner. I ran out of the house. Eobert Kerr then went away, when I returned by the back door. As soon as I got inside closed both doors ; only my little girl, 4 years old, in the house. In about 10 minutes Kerr returned with another person, whom I recognise to be Davis, the other, accused. Davis said he had a, letter from my husband, whichhehad brought 36 miles, and that if I would let him in he would give it to me. Told him to go away, as I •did not wish anybody there at that hour of the night; told me to.open the door, as he was determined to have some grog before he

went away, and that if I did not let him in X should repent.' A voice, winch I took to be Kerr's, said lie would comein. The man, whom I now recognise as .Davis, then went to the back door, Eerr staying at the front door • the dog. flew, at him,. ' and he kicked the dog away to get past. One man was kicking at the front, the other at the back door. Told, them I would fetch constable Morton ; pushed past Davis, and rail down to Smith's Victoria j Hotel; Mr.. Smith came ; before this time the door had. given way; Smith came to my house and .tried to get both the accused away. They were v.ery abusive ; after some time they went away, but soon returned; Smith had staid at my request, and was there when tliey returned. Smith told them that they, had done very wrong, and tha,t they would get into trouble. Davis tried to get Eerr away but he would not leave ; Davis said—" lam only just out of gaol, and yon will get ■me into trouble again.'' Would not go. Went down and fetched constable Morton, and gave both into custody. Did not assault me further, though Eerr attempted to do so. Both appeared to have been drinking. Greorge Henry Smith, being sworn,deposed to the effect that he had been called, about 1.30 am., on the 28th by Mrs. .Small, who told him two men had entered her house, had insulted her, and would not leave, and that he accompanied her home, when he found the two accused in her house ; the accused had refused to leave though frequently desired by him to do so ; that, after about half-an-hour's reasoning with them, they left, but soon after returned, and refused to leave again, when Mrs. Small went and fetched the constable, and gave prisoner into custody. In reply to questions from the Bench, the witness stated that when he arrived at Mrs. Small's he found both prisoners in the house. Eerr was drunk, but ; not Davis. Davis tried to get Eerr away. John Morton, constable, sationed at : St. Bathans, proved having arrested the prisoners, on the charge of Mrs; Small, about 3 a.m., on the 28th.

The Magistrate, in passing sentence, said thfit the : offence with, which the prisoners were charged had been clearly proved. Had a higher, offence beeii proved it. would, have been his duty to have committed them for trial to a higher tribunal. As the case stood, liobert Kerr would be fined the sum of £xo, -or one month's imprisonment ; but upon Edgar Davis, in consideration of his having tried to control and get away his companion, he should feel justified inflicting a lighter sentence—£q, or 14 days, in each case with hard labor.