RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XI, Issue 211, 28 August 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

[.Before L. Beoad, Esq., R.M.] Canning v. Dochbktt. This was an information laid unfer the Scab Act against defendant for driving 60 sheep over an un fenced roid through a run the property of Mr Gibbs, of Motupiko Vftl'er, without first giving notice of bis intention to do s*. Mr Pitt appeired for the complainant, and Mr Tell,. for -the ..defendant, who, wai not presentl '. _■ .; ■: _:'■• Mr Fell admitted that a technical offence had been eommUtelrandi: as it was the flrat of the kind, and the Inspector merely brought j it forward as a .warning, hejaoped ih&ta very small finp ;would be cbupldared sufficient. ; His Wbrahip; said that uider th& circumstances he should fine defendant one penny a i head and , costs. , - ••.'•'■ \ . ... ,■ • ""• ... StonS Tmtcm-iffa. 7 he adjourned case against George Harris, Daniel Sullivan, and James Holloman, tor i, alleged ..on Mi W. Oldhaoi's . house, was proceeded with this* morning. ' I Mr 1 Fi?ll appeared for tW complainant ''and. Mr Pitt for the defendants. ,-.- . Mr Fell wished to recall Mr Oldham to show that JaoRS Barlfcrop, who- had given evidence for the defence, had been one of the worst of the stone throwers, and bad'aY one time knocked Oldbaih'a pipe oulof his mouth with a stone. Miss Oldhtrn had been brought by her mother rvery v reluctantly, as slie w£s hot very well, anl all aha coiird. ijif was.that she had not-thrown stone*. • '■■-■ . : W. Oldhara, re examined by Mr Pitt: I do not remember speaking on Monday* last with 'It. Hooper arid!. young Henry, about.--this etone throwing, nor do I recollect seeing them at all. I di.f not tell them that I was sure I hid got the right boys, though I did not see them actually throw the stonrs. .William Barltrop: I live opposite Oldham's. I s\w him with Hooper and Ilenry on Monday night. I heard Oldham sty he was sure be had got the boya, though he had notaee'd, them throw the stones. '■■- '■■ Cross-examined: Richard Hooper is about sixteen,, and Robert Henry about thirteen. We were standing together, ..arid Hooper asked him if he had found out the boys' names, and he gave the reply I have stated , George Harris: I run tho Ehening Mail and! go. to -school at Mr -RLhtrds*. I met Herbert Haiiiea on the Thursday night ne.tr MrOldhitu's. After we ha<i been there ten ' minutes Oldham came out and accused jus of s 1 one-throwing. I went aw*y and came back again, and was talking to Oldham when I heard atones being thrown on his roof. I then went boine,.and wag not near Oldham'e again that night. I threw no stones On his house at all that night. I did not see Mr Coburn at all that night, and have jnever had any conversation with him about stone throwing. What he said in the box*, the other day was not true. Cr .iss examined: I never atw a boyjthro.ir a stone at Oldh»m'g. I never knew of a boy throwing a stone any whera about there at. night. A good many boys Idle about j there. They talk, but they never throw itoneo. I have seen twenty there at a tim». Thsy doV'fc throw stone?. They sometimes do a little tin-kettling Daniel Sullivan: On the Thursday night I was near Oldham's, when he rushed out and caught me by the ear. and said he would take me to the watch house. After a bit hs let me go. I was not near his house agaio. James Holloman: I was not out at all on the Dight in question after half-past five. This closed the evidence, and his Worship said that the evidence was very cantivdictory, all that, was clearly proved, being that stones had been thrown oa Mr Oldbam's house, but there was reasonable doubt whether thoie who were accused were the guilty parties. One thing he wished to say with regard to this particular place. Complaints had frequently reached his ears about lads assembling on the Brook-street Bridge, using abominab c language, and altogether being guilty of gross misconduct. It was the duty of the police to put a stop to such a state of things, and he hoped that it would not be necessary to make the complaint again. ; Assault. Witiam Otdhaiti was charged with assaulting Gebrge Harris. Defendant pleaded Not Guilty, George Harris: On the nfght of the 19th inßt I was coming down BroOk-street Vslley' with several other boys. . When we were ne«\ Mr Catley's wo he^rd atones on Oldham's roof, and thu continuad until we got near tho house when Oldham rushed oat, and laid hold of; me, and shook me, and snH wa were the wretches who had baen summon* 1 already. Mrs 01 )ham also caught hold of Sullivan, smacked bit face and called him a ion of the murderer. After this witneai was done with, the proceedings became so hopelessly mixed that it was impossible to follow them, ihs two solicitors engaged being at one time in doubt whether Mr or Mrs Oldbam was at that moment being charged with aisuult, as informations had been Hid against both. In. a'- general way Mr Oldham denied having touched Harris or any other lad. He and his family had been '« almost frightened to pieces" by tin weight cf the stones falling on the roof, and to he vent out and remonstrated wish the congregation of boys Mrs Oldham had boxed Snllivan's ears because he was going to strike her daughter, but never callel him the ion of a murderer. Miss Amy Oldham had seen her mother box Sullivan's ears because lie " sauced her." Mrs Sullivan had seen her boy smacked by Mrs Oldham, who, within her hearing distinctly trace! his pedigrei back to the murder r T» nr Sal tvan himself wis the very picture of injured innocence, and alleged that his ears had been box«I because he had been bold enough to state the truth, and asßtrt that Mis? Amy Oldbam had beea the cause of all the bobbery on the roof. His Worship did not consider the assaults proved and dismissed the case in each instance. Hickß v. Simons. The plaintiff, a bootsell6r at Wesfport sued defendant for the nondelivery of two cases of boots shipped from Dunedin per steamer Wellington, and alleged to have been transhipped into the Kennedy at Nelson for Westmorland not delivered. The defendant had ollccted freight by mistake, and now applied through Mr Acton Adams to hive the evidence of the officers of the ship and tlie wharfinger taken at Nelson for traaimission to Weatport with the view of showing that in fact the oases were never shipped on boird the Kennedy. Mr A ton Adams called Captain Whitwell, Mr Kobiuson, mate of the Kennedy; Mr C out ton, purser; and Mr Garrard, Whaifinger. Their evidence was taken down under the Resident Magistrate's Act. 1870 for transmission to tho Resident Magistrate* Court, Weatporc, where the platattfl had sued. *