RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIV, Issue 5768, 24 September 1879, Page 3

RESIDENT MAGISTRATE’S COURT.

Tuesday, September 23, (Before Messrs. J. H. Wallace and G. Crawford, Esq., J.P.s.) DRUNKENNESS. John Garasen and Charles McCarthy were mulct in the usual penalties for this offence, and the latter was fined 20s, additional for having been in a state of inebriety while in charge of a horse and cart. ALLEGED LARCENY. Isaac John Solomon was charged with having on the 21st instant stolen the sum of £3 10?,, the property of Samuel Cook. Mr. Fitzherbert appeared for the accused, whom he stated was a friend of the prosecutor. The latter did not wish to prosecute. He had gone to the police and asked what course he should pursue iu order to get the money back. He was then informed that unless he prosecuted he would render himself liable to seven years’ penal servitude. Mr. Fitzherbert now asked the Bench to allow the charge to ha withdrawn. In concluding, he made some very strong remarks on the conduct of the police in the matter, in having threatened the prosecutor as they had done. Superintendent James wished to explain to the Court that the prosecutor had only consented to withdraw the charge after he found that his money was recovered by the police, and learned that he would get it back. In dismissing the case the Bench said they entirely exonerated the police, but they would allow the information to be withdrawn. The accused then left the Court. BREACH OF THE TEACH. Charles Edmonds was charged with behaving iu a manner calculated to provoke a breach of the peace. The charge, not being a very serious one, was dismissed, with costs. OBSTRUCTION. James Hanson, a contractor, was charged with causing an obstruction in Manners-street while removing the building of Messrs. Graves and Fleming from one side of the road to the other. He was also charged with having neglected to keep a light burning during the night in the vicinity of the building, in consequence of which a cab was nearly upset and the driver thrown from his seat. Defendant admitted the obstruction, but stated that a light had been placed on the building to show its position, but it had been blown out by the wind. He was fined 10s. and costs in each case. ASSAULT. Ann Wallace was charged with having assrulted John Pallant. She was defended by Mr. Travers, who pleaded not guilty. Prosecutor deposed to the facts of the assault, from which it appeared that the defendant had struck him iu the face and made his nose bleed. Several witnesses were called whose evidence wont to show that the parties were relatives, and that the quarrel had occurred through Mrs. Wallace going to Pallant’s house iu order to see her uncle. George Wallace, the husband of the defendant, (was also charged with assaulting the same complainant. Both sides having been heard, the cases were dismissed, the Bench ordering plaintiff to pay costs. KEEPING TIGS. For keeping pigs on her premises on Thorn-don-quay, .Mrs. Kate Hannay was fined ss, and costs. NO NUMBER, J. Piorman pleaded pleaded guilty to a charge of having neglected to keep his registered number on his cart, but as it was proved to be a mistake, the charge was withdrawn. THE NUISANCE IN TORY-STREET. W. H. Pascoo was charged by the Inspector of Nuisances with having allowed a nuisance to exist upon hia premises in Tory-street after having been ordered to remove it by the Court. Mr. Ollivier appeared for the defendant. In reply to questions from Mr. Ollivier, the Inspector, after he had proved the nuisance, stated that the filth flowed from certain houses in Holland-street on to Mr. Pascoe’s property. John McKenzie deposed that owing to the nuisance complained of he had lost two tenants. He believed defendant could abate the nuisance easily enough if he thought proper to do so. Messrs, Plimmer, Levy, and McColl gave evidence to the effect that the nuisance was caused by the houses iu Holland-street. The Bench considered that the evidence went to show that the nuisance was caused as stated by the last three witnesses, and dismissed the case. This was all the business.