MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 276, 12 March 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. [Before J. A. Clowes, Esq., R.M.] DRUNK AND DISORDERLY. Marshall Simmons pleaded "Guilty," but promised to mend his ways. As he had been locked up since Saturday, he was discharged with a caution. William Mullens didn't recollect anything about it, but was sorry he had offended. Discharged with a caution. Y/illiam Hamilton also regretted having offended, and was also discharged with a caution. UNLAW 7 FULLY ON THE PREMISES. Walter Hossack was charged with being unlawfully on the premises of Louis Hanson, and with refusing to leave when ordered to do so. Prisoner pleaded " Not Guilty." Matilda Wilson Hanson (whose evidence was interpreted by Charles Lindsay) sworn, deposed : She was the wife of Louis Hanson, and lcnowthe defendant. He came to her house on the 2nd inst., and tried to get in. This was about twelve o'clock. After trying the door, and finding it fastened, he tried a window near the doorj and then went to the bedroom window. He did not succeed in getting either of the windows open, and he then came to the door again. Asked him what lie wanted, and lie replied that he wanted to get in. Then told him to go home to bed, or she would send lier husband after him. He replied that her husband was not at home, and that he knew it. He seemed to be quite sober, and was dressed in the same suit as he had 011 at present. It was moonlight, and she could see him distinctly. He had never been in her house before, and she had never spoken to him. Her husband was away at the time, and she was in the house by herself. Defendant stayed about the premises until j eight o'clock in the morning ; but she ran out of the house at six o'clock and went to Mrs. Julien's. In consequence of defendant's conduct, she and her husband were compelled to change their residence. This was all the evidence for the V.\ cution. v The defendant asked for an ad/ / ment, in order to engage profession / si stance. . . ■ Their Worships observed that, as K d summons was served on the 9th. he should have done that before ; but the Court was. ultimately adjourned for half an hour. On resuming, Mr. Balmer appeared for defendantMrs. Hanson (cross-examined by Mr. Balmer) : There was a path to Hossack's house near the house in which she was living, but there was no occasion for Hossack to go home that way. On leaving the house in the morning I went to Mrs. Julien's, but found her in bed. A little girl opened the door for me, and she'saw defendant near my house. He was then at the bedroom window. If he swore that he was not 011 my premises he would be telling a lie. I did not report the matter to the police, or lay an information before the 9th, because my husband was away from home. By the Bench : Never spoke to defendant before the night in question, but had frequently seen liini go in and out of his house. Mr. Balmer submitted that the case was one of mistaken identity, or else it had been trumped up by the prosecutrix. Defendant denied everything that the woman had stated, and swore distinctly that he had never been near her house. The fact of the information being delayed for six days placed the defendant in a most unfair position, as people would not remember seeing him on that particular night after more than a week elapsing. It was also a very strange thing that the plaintiff did not produce some evidence as to his loitering about the place if he wore there till 8 o'clock, as there would be plenty of people passing to their work at that hour;. Hossack was then sworn, and deposed that on the night in question he was at the Davenport Brothers' entertainment, and did not leave thereuntil it waso>ver—about 11 o'clock, I was with Mr. Hislop, but missed him in coming out. Went home, but only stayed ten minutes, going to Mr, Bislop's office, as I wanted to see him on business. The office was closed, and I walked up the road as far as Maitland's Commercial Hotel. Met a number of persons there, and stayed for an hour at the least. Amongst others I saw Mr. Johns. After leaving, I went to Mr. Grant's Alliance Hotel, and was there for over two hours. When I left my watch had stopped at 3 o'clock. I then went to the gate leading into my orchard, but dropped the key in trying to open it. _ I then went in by the gate near complainant's. I sat down on the verandah and' sang some songs. It was daylight in half-an-hour. While sitting on the verandah' I saw a woman come out of plaintiffs; house, but go back again, "positively \ swear that I was not on plaintiff's Albert Victor Johns deposed to hwjg:

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