MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 322, 4 May 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parker, Esq., U.M.) CRUNK AND DISORD EItLY. James Beaton was charged with having been drunk and disorderly yesterday in Thames-street, and fined 10s., with, the option of three days in durance vile. ALI/EG3D LARCENY. James Moyingham (on remand) was charged with having, on the 14th April, stolen a mare and harness, a'k-ged tj be the property of Willi un Williams. This case had been adjourned in order that the affairs of a partnership which had existed between the parties might be submitted to arbitration. Mr. O'Meagher appeared for the defence. The informant stated that they had not yet been able to get the matter arbitrated upon. Mr. O'Meagher stated that i: was owing to the fault of the informant that the matter hacl not been submitted for arbitration before now, and he would now insist upon the case being heard, as it was not fair to the accused to have the charge hanging over his head. The informant expressed his willingness to withdraw the charge, and have the matter amicably settled by arbitration. Mr. O'Meagher said he would not object to the charge being withdrawn, provided that the withdrawal of the charge

should be taken as an acknowledgement on the part of the informant that the accused liad been wrongfully charged with larceny. After some discussion, the charge was allowed to be withdrawn, the parties agreeing to go at once to Mr. Church, and submit the matter in dispute to arbitration. GAMBLING IN A LODGING-HOUSE. Robert Keenan was charged, on the information of Sergeant O'Niell, with having, on the 27th April, unlawfully permitted gaming in his dwelling-house, wherein refreshments are consumed, contrary to section 19, of " The Town and Country Police Ordinance, 1862." Serge xnfc- O'Neill conducted the prosecu tion, and Mr. O'Meagher appeared for the defendant, who denied the charge. Richard Moore, a labourer, residing at the Criterion Boarding-house, deposed that he was in the defendant's boardinaliouse on the night of the 27th ultimo, having gone there about 10 o'clock. There were a number of other people there at the time. They were dancing in the house. They were also playing "Yankee grab." (The witness here gave an explanation of the manner in which the game is played.) There were eight or ten playing. The game was for a shilling each. The defendant was one of the players. Ther3 was only one set of throws, and there was a dispute over the throw. When the row started, Mr. Keeaan put the players all out, and turned down the gas,

Cross-examined by Mr. O'Meaghei witness said that he would swear tin Keenan had thrown the dice, but lie cou] not say whether he had put a shilling i the same as other people. He was pos tive that the defendant had thrown t\ dice the same as the others. He had g( the cut on his forehead from ft st<n thrown during the row on Friday niglii His brother had had a fight with anothi man outside the house, over the dispui about the throws. He could not say win the time was when the dice was thrown, Samuel Moore stated that ho was Keenan's Boarding-house on the night question. There had been some shakii of dice, the game being " a shilling i and the winner shouts." There We nine persons engaged in the game, at Mr. Keenan was one of them. The was only one game, and witness won t pool. He left the house because he w " hunted out of it," the reason being th there was a dispute about the dice. | Cross-examined by Mr. O'Meaghei | He had been at Croft's one night durii the week, and there had been a fight, which he took part. The same parti were at Keenan's on the night of the die throwing. He had been at Richmont Boarding-house on Saturday night, a had not gone out during the whole of t night. He knew that the whole Keenan's windows had been broken at early hour on Sunday, lie first heard it when Keenan went to Richmond's ai ,focused some of the latter s boarders breaking the windows. Archibald Macpherson stated that was in defendant's boarding-house on t night of t'ie 27th inst. He was danci there until about 12 o'clock, and afti wards threw '' Yankee grab for ' shilling in and the winner shouts. Thi> were nine engaged in the game, Keen being one of them. There was only o throw, and Samuel Mooro was suppos to be the winner, and got the mom The stakes were placed upon a cask wh< they were throwing the dice. He leftt house between 12 and 1 o'eiock. Cross-examined by Mr. O'Meagln Jt was after twelve o'clock when I throwing commenced. They did not hi any drinks out of the money. Mr. O'Meagher said the first object 1 lie would raise to the information w that in the information it was stated tl the gaming took place oil the 27th, wli the evidence wint to sow that the di throwing took place on the 28th. Hetli said that the section of the Ordinal under which the information was laid v a ridiculous one. Under this any privi individual who iiad a party of friends his house, and iud:il._;od in a gauia whist for sixpenny points, woull bo lial to prosecution. The section appeared Idm ultra vires, and if it was put ii fore; there would be an end to perso liberty. He asked his Worship to giv decision upon the point whether a in was to be prohibited from living friendly game of cards at his own hull lie did not think the case was one prosecution, and asked that it should dismissed.

Ilis Worship said that lie was not 6 prised ah. the lino of objection taken counsel for the defence, and added t lie would fake time to cons.djr the obj t'.on raised.

CIVIL CASE. F. Dunlop v. A. Morrison. Cl< £5, for damage done by defendant's cai trespassing on plaintiir's land.—Tlie pli tiff stated that he did not wish to press a full amount of the damages c'aimed he only wished to put a stop to the ti pass.—Judgment for Is. damages I costs.