MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 131, 21 September 1876, Page 2

MAGISTRATE'S COURT.

[Before T. W. Parkkr, B.M.] THIS DAY. breach of rnn bye-laws. James Liddle (one of the attornies of James Hasssll) was charged on the information of Arthur Toms, Inspictor of Nuisances, with unlawfully allowing eighty sheep to be found upon land within the limits of the town of Oainaru, such land not beimf a common. The case was before the Court on Tuesday last, but was adjourned for the production of evidence. This morning, the Inspector of Nuisances called James Kidd, who deposed : I am a gardener to the Corporation. I recollect Tuesday, the 12th inst. I saw the sheep otit«idVthc reserve in the forenoon. They were pasturing in the open ground. There was no one attending to them outside the garden. There was a man in the garden, who was supposed to be in* charge. He was between 200 and 300 yards distant. He was speaking to me at the time. I heard yon call his attention to the necessity of taking charge of the sheep. To Mr. Liddle : The sheep were placed in the garden for the puqwsc of benefitting the Corporation. There was a man in charge. He was away from them for abonl ten minutes. He might have gone to get his dinner for anything 1 know to the contrary. I should consider the man tn be in charge all the time. To the Bench : The man was in flic garden while the sheep were outside. Tlie Bench took a lenient view of the en.*e. ?wl ini'.icted a nominal fine of 203.

i As:.\ri;r. | Zaebariah P. Patterson was charged [ with .watilting Charles Townsend. on tin; f 20th inst. Accused pleaded "Not [ Guilty." . r , , i Prosecutor deposed: My name is Charles f Townsend, carpenter, residing at Oamaru. | I was walking down town about thivo o'clock yesterday afternoon. Mr. 01 egg, contractor, and accused were wrangling at I th« do.»r of the Commercial Hotel. Being f anold mate of Ciegg'.«. I took him away : from Patterson. Accused wanted to have i a row witli me. Ciegg was very drunk. I After I took Clegg away and returned. * asvusird wanted to quarrel with me. J \ said if he wanted to fight. T would oblige I him. and eive him half n sovereign for the accommodation, and I laid down the money. Jt didn't come off. I then went away ! home, and a* J was pacing the Shamrock | I felt r. l>l«>w on the head with a stick, ! which cut me b*dly. Tiv.ii gentleman I over there was thu person who .struck the 1 blow. He commenced to shape at me, and I was torcvd to take up stones for my protection, hut he skedaddled into a butcher** shop. I got the stick from him. I then cave him into custody. I v,-a.=s a ' little the worse for liquor, hut I don't | think the accused was in drink. I gave | him no provocation, and when I received the blow it was quite unexpectedly. To Prisonsr : ft was about three o'clock f when I accosted you. I could not sny ! what yon said to me, but I remember the \ blow * vou gave me. Clegg called you " Darkie," and you got riled about it. I was so drunk I can't recollect whether Maitlanci put mc out of the hotel. The stick was about ' wo feet six inches long. I did not strike with anything but my fist. Yon did not come out of the butcher's shop until the policeman brought you out. That is to the best of my belief. I never bid a hand upon you until you struck me.

To the Bench: It was between seven and eight o'clock when he struck me. John Stewart, deposed : Accused was given into my custody about seven o'clock last night, by last witness, who stated that the prisoner had assaulted him with a stick. I did not see the assault committed. There was a large crowd about. To the Prisoner : I requested you to leave the butcher's shop before you were given into custody. You were taking some notes ; that was after the assault had taken place. I did not see the stick spoken of. Tnis concluded the evidence for the prosecution. Accused wished the case postponed, with the view of producing witnesses for the defence, but the Bench declined the concession, and stated that it was quite satisfied an assault had been committed, and inflicted a fine of 30s. ; or, in default, four days' imprisonment with hard labor. This concluded the business, and the Court adjourned.