RESIDENT MAGISTRATE'S COURT.

New Zealander, Volume XVIII, Issue 1725, 20 September 1862, Page 4

RESIDENT MAGISTRATE'S COURT.

There were no cases brought before the Court on Wednesday hist.

THURSDAY, SEPTEMBER 18th. CLAIMS FOR DEIIT. Douglas v. Dove.—This case was adjourned from Thursday last for judgment. His worship declared judgment for plaintiff", £lO.

Eloranck v. Hauling.—This was an action to recover £2O for damages to a house, by not keeping it in good repair. The house was the property of plaintiff and leased to defendant, and known as the Albion Inn, situated in Ilobson-strect. Plaintiff stated that the house was in a shocking condition for want of shingling, painting, repairing, &c, but as it was afterwards proved that the shingles were rotten when the defendant took ]>ossession, and that painting was all that was required to be done, his worship stated that he should order a judgment of £7 for the plaintiff if the house was not painted in one month.

Morgan and Redfern ». Bckxett. This was a claim lor £(i 2s. for goods supplied to defendant. Judgment for plaintiff, -CI lis. 9Jd.

Grace i'. Taylor.—This was a claim for £1 ss. the hire of a dog cart for one day; 15s. was paid in. This case was adjourned till next Thursday, for the prodnction of further evidence.

Grace v. Deuus.— This was a suit to recover £5. for the use of a horse supplied to defendant. £2 4s. was paid into Court. Judgment for plaintiff JE3 155., including the sum paid into Court.

Hudson v. Grace.—This was an action to recover £1 6s. wages due. Adjourned till Saturday next.

RiGG v. Balneavis.—This was a claim for the sum of £l3 15s. commission upon the sale of a house and laud belonging to defendant, situated at Dedwood. Plaintiff stated that defendant had given him instructions to let or sell his property at Dedwood, and if he succeeded in doing so, the commission would be paid to him for so doing; he had let the house to Mr. James Oldham and subsequently that person had taken ad vantage ol the purchasing clause in the lease and had bought thi property; he now claimed the £l3 15s. as commissiol. Defendant stated that he did not employ Mr. Rigg in the sale of his property, for Messrs. Connell and Ridings were his agents. This case was adjourned til! Thursday next for judgment.

Ellis v, Falloon. —Claim for £5 money due on promissory note for goods supplied. Defendant did not appear. Judgment for plaintiff.

Marshall t'. Rasper.—This was a claim for £C> 10s., the cost of repairing a boat, belonging to plaintiff which had been damaged by another boat belonging to defendant, during a gale of wind about the end of July, or beginning of August last. Plaintiff stated that the injury had been done in the night, and it was owing to defendant's bo.it being moored so close to his ; that no other boat could have done it, as there was none other there. Defendant stated that he and his mate were on board all night, and that his boat did not touch or come in collision with plaintiffs boat at all that night. Plaintiff was non-suited. vSeveral other cases were paid into Court, dismissed, or otherwise settled.

DRUNKENNESS

Two drunkards were then brought up on the above charge and fined ss. and costs, or in default 24 hours' hard labour. FRIDAY, SEPTEMBER 19th. disobedience of ORDERS. John Fleming and Robert Bruce were charged by Capt. Rich, master of the ship Hanover, with disobedience to lawful commands on board the said ship. Prisoners pleaded not guilty. Mr. Beveridge appeared for complainant. Henry Robins Rich sworn, stated: I am master of the Hanover, which arrived here the night before last; the defendants were able seamen on board my vessel. On the evening of the 16th July last, these men came to my cabin door about 10 o'clock, p.m.; their watch was below; they wanted a bottle of beer, which I refused and ordered them to go forward; they refused in a most abusive manner. I several times ordered them to go and they would not do so. Cross-examined by John Fleming: You did ask me for a bottle of beer; you have been at the cabin before, and several of the crew within hours, and they always got it within hours. I told you I would not, let you have a bottle of beer for £SO, it being past the time. When you would not go I put my hand to shove you both away. You did not either of you go forward." By the Court: This is entered in the log and signed by myself, the chief officer, surgeon, and chaplain; it was read to the defendants, and they made no statement. The lights below are put out never later than half-past nine o'clock. Their conduce was very had when I ordered them to go forward. Ultimately they were forced from the cabin door.

Jolin Davis sworn, stated: 1 was chaplain on board the Hanover. Captain Rich was master; the defendants were eeamon on board, On the 16th July last, between 9 and 10 p.m. I was in the saloon with the captain; those two men came to the door of the saloon. From the conversation, I could hear that it was about drink. The captain ordered them to go forward; they did not go then. I should think they were told to go three or four times or five times. The captain reasoned with them and tried to persuade them to go and they would not. I should think they were there ten minutes; their language was insolent and such as was not suitable lor seamen to use to their masters.

Cross-examined by defendants: I should think you must have had some drink, but you were not intoxicated. 1 could not say I heard anything but commands reiterated by the master in suitable terms. Prisoners were found guilty, and ordered to be imprisoned for four weeks wi • hard labour. ASSAULT. John Fleming and Robert Bruce were then charged by Captain Uieii of the ship Hanover, witli assault on the Kith July last. John Fleming pleaded guilty; Robert Bruce, not guilty. Henry Robing Rich sworn, stated: I am master of llits Hanover; the prisoners were seamen on board. On the 16th July last they came aft, and after being removed from the cabin door they made a stand on the quarter deck a little, before the capstan. The ship is a

poop ship, the quarter deck is from the cabin door to he main mast. My cabin door opens on Uie quarter deck; they made a stand there and repeatedly said they would not go forward. They said they would go when they liked and would not be forced; ibe njgbt was very "dark, and they were surrounded by a crowd of persons. I went to make the prisoners go forward. I placed my hand on Fleming to make him go ioiward, and he struck me on the cheek, the other man did not strike me at that time. I cannot charge Jirucc with striking me. . Cross-examined bv Fleming: I mere placed ray hand on your breast, and never struck you in trie 11 By the Court: I simply put my hand on him to move him forward, and did not use any violence. John Fieming was ordered to be imprisoned lor twelve weeks with hard labour, after the expiration ot the other sentence. Kobert Bruce was discharged. FUUIOL'S UIMNO.

Isaac Duane was brought up on charge of riding furiously through Queen-street. , Catherine Nicholas, sworn, stated : My husband s name is James Nicholas, living in Albert-street. Last Tuesday, between 12 and 1 o'clock, I was returning from the General Post-office, and was crossing Queenstreet when a horse came behind me and tumbled me down , and walked over me. I had two children with me and a shipmate. The prisoner was on the horse that knocked me down. I was hurt in tnv body and arm, and am bruised : I supposed lam suffering from the effects of the fall. I had no complaint before, i am very delicate now, and my body is very sore. John Reid, sworn, stated: I am a coachman, living in Victoria-street. I know the prisoner. Last luesday about 1 o'clock, I saw him riding a horse without a saddle, and with only a halter, through Queen-street He was urging the horse with his heel and the end of the halter, and making him go faster : he was riding furiously. I saw the last witness that day sitting on the curb-stone, and a crowd about her: she appeared to have received some injury by a fall. Cross-examined by prisoner: I saw you both beating the horse with the end of the halter, and digging him with vour heel. William Negus, sworn, stated: I know the defendant. I know Catherine Nicholas. Last Tuesday, about 1 o'clock, I saw the boy riding up Queen-street at a furious rate. I could not see if he had a bridle on the horse: I was behind him. I went up and saw Mrs. Nicholas, who appeared to be very much hurt. I followed the defendant close up to the White Hart stables, and saw the boy, and spoke to him, and he acknowledged it was him that rode over the woman. I took him to Mrs. Nicholas, and she said that was the boy tiiat rode over her: he made no remark. Prisoner was found guilty, and ordered to pay £5 and costs; but as the boy had no means to raise the money, he was ordered to be imprisoned for one month.

LARCENY. Hugh Gallagher, a lad about fifteen years of age, was charged with stealing a quantity of articles, valued at £1 18s., on Wednesday last, from his master, William Miller. William Miller, sworn, stated: I am a shoemaker, residing in Queen-street. The prisoner is my apprentice. ()n Wednesday last, I missed two pair of boots, five pair of lasts, one peg cutter, one pair pincers, two or three awls, and one boot iron. Yesterday I accompanied Corporal Smith to the prisoners' house, and there found the missing articles. The whole of the articles now produced are my property. At this stage of the proce'edings the prisoner voluntarily pleaded guilty. Sentenced to be imprisoned for six calendar months, with hard labour.

DRUNKENNESS. Three drunkards were then brought up, and fined ss. each and costs, or 24 hours' hard labor.

CIVIL SITTINGS OF THE SUPREME

COURT. WEDNESDAY, SEPTEMBER 17th

There were no cases for trial: those on the list having been settled out of Court. William Ilobson, merchant, and C. F. Holmes, were each fined £5 for non-attendance when the jury list was called over.