RESIDENT MAGISTRATE'S COURT. Thursday, 17th March, 1864. (Before T W. Parker, Esq , RM)

North Otago Times, Volume 1, Issue 5, 24 March 1864, Page 4

RESIDENT MAGISTRATE'S COURT. Thursday, 17th March, 1864. (Before T W. Parker, Esq , RM)

Sergeant Sullen, oi" tho police fnvi'O, Osimipu, was charged with feloniously breaking opeii tho door oi the btore belonging to Mr Henry France, Onmaru, ou the night of the 2Mh February last past. Francis Henry Armstrong sworn. — I amm the employment of Mr France, as manager of his business at Oumaru lam in sole charge of the store from seven o'clock in the evening tdl si\ in the morning After closing the store on the 24th February lust, at about 7 o'clock, I went out, but returned again m about five minutes, and found the side door leading to the Post-oiiiee open Ou entering I observed two men, and asked who was there. Mr Lemon answered, and I recognised his \ one The other was Mr Pinkerton, of the Oitmni a Turn's. I ordered him out immediately, and then examined the door, and found that it h.ul been forced. There were a number of people standing about the door, but I did not recognise any of them. Mr Lemon, the Postmaster, is in the habit of attending at the office after the closing of the store, and I believe has a right to do to. I don't know whether Mr Pinkertou was present when the door wus broken in. I was astonished at seeing Mr Pinkerton inside the building, and thought that hi-? being there looked very suspicious I believe the mail on arrival has a right to an entrance to the Post Office at once. [A. M Master, Esq , J P , here took his seat upon the Bench.] Cross-examined by Sergeant Bullen — It is by the aut horitj of Mr France I bring this actiou. Soon after the occurrence of the felony, I went to take out a summons against Sergeant Bullen, but through not knowing wheie the Eesident Magist rate's office was, I did not get it. I then w rote to His Honor the Superintendent making the charge Mr France ad\ lsed me to drop it, and have nothing more to do with it. Frank Pinkerton, sworn — I recollect the 24th of February last. I was not with Mr. Lemon nor near the place w hen the door was broken. I think I was there soon after. I did not go there with Mr. Lemon. When 1 arrived the door was open. Armstrong came immediately after me, and at once told me to go out again. I went away boon after. Charles Lemon, sworn. — I am the Postmaster at Oamaru ; I recollect the 2ith February, and was Postmaster then The room used as a pobtoillce is rented by the Government from Mr. France. The right-of-way to the post-otlice is through the store, and by right is accessible at all times. I recollect the 21th February, but do not recollect the door being broken. lam in the habit of going to the post-ofltee after the store is closed On the 22nd of February I went to receive the mad. When mails arrive I have power to take possession of them il I think fit. The post-oliiee is the only legal place for depositing them m. On this occasion I was at the office when the mails armed. The door was closed and I attempted to force it open. On a former occasion I had to break it open under like civcumstanees, and applied to Mr. France to supply me with a key. I went alone to the office, and after I had been there a few minutes, Sergeant Bullen and the mailman came ■*U^eaeh carrying a bag of newspapers. I tried £f|3^sQ force an entrance. Sergeant Bullen

volunteered his assistance 'and kicked the door until he broke a panel in. Observing a piece of scantling I took it up, and with the assistance of the Sergeant, I forced the door open. I believed at the time, and hold still, that I had a perfect right to do so. I should have broken the door even if the Sergeant had not been present. The passage leading from the door is part of the building leased by the Government. If the inner door was locked the passage would be shut ott from the store. Mr Parker said that not even the shadow ol a case of felony had been found against Sergeant Bullen; and that he would not have granted a summons in the first instance had it not been that it was against a public officer the information was laid. A spirit of malice characterised the case throughout. He was fully of opinion that Mr. Armstrong was very much to blame ; and therefore dismissed the case, with costs.

Friday, 18th March, 1864. (Before T. W. Parker, Esq., R M.) Mr Charles Prendergast was charged, by Sergeant Bullen with obstructing the roadway known as Tyne-street. Fined 20s. and costs. CIVIL CASE. Andrew Baker v. Charles Townsend.— Claim for £20. Verdict for the amount, with costs.