RESIDENT MAGISTRATE'S' COURT.

New Zealand Times, Volume XXXIII, Issue 5361, 3 June 1878, Page 3

RESIDENT MAGISTRATE'S' COURT.

, Saturday, June 1. (Before J. C. Crawford, Esq., K.M.I. DRUNKENNESS. David Main was fined ss. for. being drunk and incapable. .> - •, l-’EKOOIOCS DOG, ~1. William Alfred Fordhara- was charged with being the owner of a ferocious unmuzzled dog, , . .Defendant said he was not the owner’of the dog. It belonged to the. late; Mr. Charles Haussman, and followed him (defendant) like, many,others, whenever the' animal perceived him in the street. The case was dismissed. il V FURIOUS DRIVING. ‘‘ f , Alexander Mclntosh and James Scanlon, drivers of opposition -Newton - busses, were charged with this offence, i: Defendants admitted the charge. • ; Mr. NicholasiMarchant deposed that ou tho evening of -tho “9th -instant,' after dark," the two ’busses iu question were driven along Courtonuy-placc at a much more furious pace than the fire-engines to a fire iu the- city of London. A fine of 10s, and costs, in each case was indicted. , EMBEZZLEMENT. Frank James Smyth, a Melbourne solicitor, was brought up on remand charged with embezzling In Melbourne,; on the 9th ultimo;’ ■the sura of'i£lo2; the : property of John Gawliug'and others. ■ * ; Mr. Gordon Allah appeared for the accused, ‘and objected to ttye arrest ,of the prisoner without 1 a warrant, 1 or bis commital without any evidence of identity; the warrant issued in Melbourne not having been received,, In reply to his Worship, Inspector Atcheson staled that the warrant' and depositions would bo down-oh Thursday or Friday. Ho submitted .that the prisoner was lawfully in custody. * The prisoner had been arrested bn the strength of a telegram, and this was quite 1 a proper and regular; course. , _. ■ ■ ■ Mr. ; Allan again, urged his pvelimjhary objection, and, His Worship decided to discharge the prisoner under the first information, but issued a warraht for. his immediate arrest under a second information, which was at once laid.; The prisoner, ou leaving -the dock and Court, was arrested by Sergeant Smith' Under the fresh information, and Smyth was again placed la the dock.!. r- ’ ? • •' i ; Mr. Allan theh'raised two objections—lst, that the; prisoner, haying just Wen discharged, could not .be' arrested again immediately on an - information-practically identical with, the former,-unless some-fresh evidence was [available. 2nd, That there was absolutely hb cvi-. deuce either that tho accused had committed any offence, or-that tho offence of. which he •was accused was ono which came within the cognizance of the Acts under which ho had been arrested. His Worship gave his decision against Mr. Allan on both points, and 1 remanded: tbe accused for’a month, but would admit; him to bail, himself in £4OO, and two sureties of £2OO each’. • • ’ ’ - : . Mr. Allan was protesting against this decision when the prisoner was removed in custody.