RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume V, Issue 168, 22 October 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

Thusdat, October 20, 1881. [Before the Eesideut Magistrate.] BREACH OP THB HKJHWATS 1 ACT. James Bnick was charged upon information by Constable Gillespie with a hreach of the Highways Act by allowing ten bead of cattle to" wander upon tile Foxton road. . : The defendant did not appear, but was represented by Mr. Hawkins; who admitted that the cattle bad been on the road on the occasion m question, but were m charge of a boy. The Bench inflicted a fine of ten shillings and twelve shillings costs.' . BREACH OF THE IMPOUNDING ACT. . : Edward Lyon was informed againt by Hjalmer Graff, Town Ranger, with having committed a breach of the Impounding Act by interfering with cattle which had been seized. The defendant did not appear, 'and a fine of £1 and costs was inflicted. ' ~ CIVIL CASKS. Grorge Keys r. Arthur, Hampson.— Claim, for work and labor done. Mr. Hawkins appeared for plantiff ; and Mr. Staite for defendant. £2 were paid into Court, and the Bench allowed that as settlement, each party to pay their own coats. . ' . Wi liira Francis v.' Frank Palmer.— Claim £4 10a. Mr. Perkins appeared for the defendant, and. stated that his client had been under the impression the case had been settled; and he had not been served with a. summons until late on Monday evening, when, he was compelled to be m Wellington— it was impossible that he conld be present. \ He would, therefore, ask for an adjournment the expenses of which to go with the wive of the case. Adjournment was: therefore granted until the next sitting of the Court. : "r Torquil Gunderson, y. Joseph ffeatoh .— Judgment summons. Defendant promised to ; pay m a monthV and Mr. Perkinson behalf of plaintiff, accepted the offer. ' CBIMISAIi ASSAUMV • ' . James M^Loughlih, alias- ' Mitchell, alias Wilson, was placed m the dock, charged with the above otfence. The prisoner was undefended, and pleaded " Not Gnilty," The evidence of the child Mary Jane Anderson, Catherine Francis, and Mary Cook was taken at some considerable, length, but after a careful investigation', the Magistrate did not consider there was v sufficient evidence %p go a Grand Jury," and'jirisofter was discharged. ! W!".;.r- ; .■';VlVAe3BsNCT.r[.^U'f ; ,m:;i Constable Gil.lespiethen;lai.clthe charge of vagrancy against the prisoner, and be wapf sentenced; to four month's i^oprisoament) withi hard lafljor. i - «-' ; ' -Chai'les 'Gibbons' was pVaced m the ddctel charged hbrse' stealing? Mr. Hawkins appeared for the prosecution, and Mr;, M*clejra for the defence. \ Counsel for prosecution asked forari adjournment upon the plea that he was not able to get his witnesses together, i " r Mr. M*aclean [objected ' most strongly to the granting of the application. His client had bien m the,lock-np for nearly a week, aftd ample time had been allowed for the prosecutiouto prepare the case. Mfc. Hawkins said that although; the prosecutor had certainly been to see |him the day previously, it was not until ithat 7 morning that hfe had received bjainstrucConstabte Gillespie said that when the prosecutor- went to him to ask him to ta^e up, the case x as he saw there was.n.o evidence to substantiate, the charge, he refused to do so. The prosecutor was, howevery. determined to lay the inforraation, and he (the constable) then advised him to employ connsel. ThepoKce, however^ had given the prosecutor every assistance iv >he way of serving subpoenas. The Magistrate said he did not wish m the slightest: to reflect upon counsel for the prosecution, as he felt quite sure Mr r Hawkins, had done his duty since the case had been placed m bis hands ; ; sHH a very great injustice had beea done the accused by the course which had been adopted by the prosecutor He would suggest that the charge should be tilths

bar to any future proceedings which might be taken. Mr. Hawkins^then conferred with ni# client some time, and informed the Bench he had determined to act upon the suggestion. Mr. Ward did n»t wish counsel to be bound by any suggestion which he had thrown out, and he would prefer to see it use its own discretion. ' VMr. Hawkins|having again intimated bisintention of pursuing that'eourae, Mr. Maclean, upon the part of the accused, most strongly objected, and urged that the case should proceed. Mr. Ward said that, he could not entertain the protest.. A casejeame before theCourt,.the prosecution had na evidence to produce m support of the charge.. It must there fore be d ismiss'.d . ., .•. Mr. Maclean would m that case apply for coats. . The i Bench regretted that it could not entertain the application. It was powerless m the matter.