RESIDENT MAGISTRATE'S COURT.

Mount Ida Chronicle, Volume V, Issue 297, 6 November 1874, Page 3

RESIDENT MAGISTRATE'S COURT.

! 'Oct6beh i: 26.'

• ( (Before HiW.'R6bin3oh^Bsqi;'R,M.) ! > PoliceT. Samuel Gribsoii alias Wilson alias l Douglas.—Obtaining, money j under false pretences. Remanded until.Noy. 2, at the request of the Sub-Inspector. Same v. ; Same.7—Larceny ...as..a, .bailee.. Remanded .until Nov. 2. 'V .■<; ■:■: /: '■'''■' -'■;•-•'■ : <'o Inspector of Nuisances v. George Eop;pleton.—]?or killing sheep t on unlicensed premises',' contrary' to l a niunicipai'byelaw. Fined P. A. Connolly v. John Smith.—Debt, £3 45.;6d. Judgment lor £3 4s. 6d., and 9s. costs. ', ~ . ... _■ ._.:' ... John Hardacre V. Theo'dore Meine'r'ti— ThisFias a claim for; of water and. use of tools for 22 weeks, at 10s. per week—£ll; and, to goods, £7.55, Bgd., > Nonsuited ; on\the/ ground that the water supply : and rent of tocjjs should be a case for the Warden's Court. The last item was settled between them.

John Hardacre V. Frederick King.—j Claim of £l2 10s. for rent of,, water and ! charge-'fot use of tools. -'* Va's \ withdrawn in consequence of the above i ruling. - -- ' : ' ;; ■''-->' i D. Barron v. George Oliver.—Claim of £5 65., damages for destruction of tent and other property by fire on Eweburn run. Mr. Bailey for plaintiff, Mr. Eowlatt for defendant. The plaintiff is district surveyor, and the defendant manager of the Eweburn station. Plaintiff's assistant had beep sent by him to form a survey camp on the Eweburn. The day after pitching the tents defendant came to the camp, and remarking the high grass about it, observed that it would b'e more prudent to have burnt a space round the camp. He said he was about burning off, now set fire to. the grass there. He went about 300 yards away, and then began lighting the grass. This was observed by one of Mr. Barron's assistants, who was leaving the camp .at, the time, and he warned the man ';. who '•' remained in charge to look ; but. ;; ' This'latter himself set fire to the grass,.between the tents and the.spot,where. r Mr/ Oliver had begun to burn. This fire, he said, he extinguished. About two hours afterwards, he being in one of the tents, heard the roar of fire, and, looking out, found it approaching from the rear. He saved one tent, but the other was destroyed. It was shown for the defence .that the spot .where Mr. Oliver began to burn the tus-' socks was not in the direction from which the fire came thai destroyed the tent. Moreover, he~gave evidence that there was a belt of bare shingly ground between the camp and- that spot;^so l! that it seemed barely possible for the fire to have reached the camp from thence;' The Bench did not hold it to. be;-proyed ; , that the fire to the camp was the result .qf.Mr. Oliver's act, and the "case'was dismissed, with costs of defendant 375., and2lsiprofessional costs. Threatening Bju*gua&bv ! v/i W. L. Bailey v. W. Moore.—This was an information by "William Lamoht Bailey against William Moore for using threatening language towards-the said William Lamont Bailey, to wit—" I will give you d click under the year;" ' •• ■■•••'' .- ■• The Bench to defendant: What do you say to that information?

Defendant: He insulted me fust, your Warship. I said I would, if. he did sp. He insult me fust. I should'nt ha' done it if had na' insulted me fust.

Plea taken as not guilty. William Lamont Bailey, sworn: ; On Monday last, after a case had been heard in this Court, I went outside. Mr. Jacob and Mr. Stewart were_outside the Court. I made the remarktp 'Mr;. Jacob that I believed and, Moore .would obstruct anything. .Defendant immediately came up to me and said " What's that you say ? I'll give e,a,Click under the ear." I said "What do you meanP" Defendant said " Ees, ril'd;b ut m a minut." I took no further .nqtice,Ybut called Mr. Connolly. I asked the defendant to repeat the words. He didV-nqt do so. I then laidthe information. \; y i Crossrexamined by defendant; You said you spoke them words to Jacob P Yes. ' .'■■': ■■>

Defendant: When you corned forth out of the door, did not e spake they words to me and Webber-P•— Mr- Bail nantly): No, sir, my conyersation'was addressed to Mr. Jacob'. Defendant: I deny it, your Warship. If he had ha' ha' spaked they words io me I shouldn't ha' said'it to he.

W. Jacob gave corroborative evidence as to what passed between the informant and defen'danti '.'. c '/;. "V : ::*':'[ ~'"':':

Orbssrexamihe'd by defendant 1 : Didn't; I "say to Mr. Bailey— You' hofight t<Tii£ suit me, as I had' nothing to do wi' the objection ; and i£ it had been anywhere else I should ha ! gieri he a click under •the-.earr/:.■.••*,! :■.■'.■■■>.■ ■..■•-■.■■•■;.;■''' ■.■:',.'. Witness,: I don't remember that. ; '

By-the Bench: What did you understand by a "click under 'the ear P"—A blow under the oar. I do not know whether Mr. Bailey was in any danger, but I think there was likely to be a breach of the peace. , , Mr. Stewart also corroborated the evidence of the informant and the last witness. ' '

Cross-examined by defendant: Did I attempt to give he a blow, or anything of the sort ? —No ; you only walked towards him.

Defendant '; No," your Warship, I did not come towards he.

To witness: When Mr. Bailey corned out of the Court didn't he, insult me?No ; I did not hear it. This closed tlie informant's ease. - : Defendant: ,1 wish to call a witness, your Warship'/ 1 ; : " '' ' u 11. Webber,, sworn: What did Mr. Bailey iej when he corned out of the Court house door ? "" •■'"• ■ x -- - ''" !

Witness V We were talking--'about Mr. Bailey's application, made -that- day, and standing on the .town ,/fch.e Court house. Mr/ 1 Bailey cahie' over to us and said, "If I took up a piece''of ground on. the other side of the gully, here's Webber and there's Moore who would'object to it. Defendant said;." I did not object'to you; if you. say that again I'll,giye you a : click 'under''the''ear." ' Mr. 'Bailey said "I'll give you in'charge:" and called out to Mr. Connolly. ;ay-\ ■'.:--■. ' By the Bench :„In what sort of tone did Mr. Baiiey say .this P—Well, he was very; savage, 'your Worships ■ Was it said in such a way as ! to; be offensive ?—Well, I did not take it so, but W. Moore didr—\,' . , v ....

Defendant (interjecting): I had raisin tcdo it, as I had nothing to do with- the objection. If he hadn't a turned round to mo I shouldn't ha' said it to he. ' He offered to square it for five bob if 1 would give it to he/ "He gied me that chance. The Bench: I don't think it is a very serious matter, or that Mr. Bailey was in. any very great danger ; but I recommend the defendant to think twice another time before threatening* anyone. Fined 55., 6s. 6d. costs, and 10s. expenses of two witnesses. „-!',_ NoVEMBEB 2. Police v. Samuel Gibson.—Gibson was brought up on remand. The evidence produced was to the effect that, in October, 1873, the accused ohtained a watch, gold"chain and locket, and 10s., from a man named James Hickey, at Cottesbrook .station, Strathtaieri, for the alleged purpose of getting repairs executed in Dunedin. . The police had had. considerable difficulty in securing the appearance of the witness Hickey, he having been traced'through thcAtaniototb, and finally heard of at the Kurow station, from whence he was brought to give evidence at Naseby on the 2nd. On the charge of larceny accused was committed to take his trial at the Supreme Court, Dunedin.' On the charge of obtaining'a cheque under false pretences from William Grey accused was further remanded until the 6th inst,