RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 459, 18 October 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. I (Before T. W. Pahkick, ICh<|., H.M.) I INHI-;i KNT KXro.SU UK. I Margaret M'C'cgor was eliarged with 'j having be n uiii ty of indecent cxpoinuo I yesterday, off Thames-street, j 'He ovi enee of Constable Smith having 1 been taken as to the i attire of the oH'ciiec, I and as to the piisoner being a had character, J his Worship ordered the prihoner to bo ini- 1 prisoned for three months. 1 SI.V GltOli SKl.lino. I Robert Keenan wa- charged with having I on the 11th inst , s Id coitain alcoholic | liquors an I beer without being licensed vu j to do. i Mr. O'Mcaghor appeared for the prosecii' I tion, and Mr. li diner for the defendant, | who denied the < harge. i Thoina-t Murphy deposed that on tlio fore- 1 noon of Thurad.y las he was in the def- ml- | atit's bone, lie was in a room which in 1 called the bar. The defendant was present. | Ihcie were present Dan el Kirby, the do- | fendant, .Vihael Sli- chan, witness, and ii | stranger. They each put in a abiding anil J shook the dice for it, the winner having to 1 "shout." V\ itness won, and put the money 3 in his pocket, Mid "sh.mlod." Witness i d-ank whi-ky and lemonade, Keenan had | whisky, She. hail a long glass of beer, ami j the stranger aglas of be-r. 'I he d.iiiliH | were supplied by the defendant, and witness 1 gave limi ha f- i-erowu in payment. I In cross-examination, witness said he was sober when he went into Keeiians house. Me wan i.ofc employed by the Licensed Vicin liers' Association, lie was perfectly mum ihat it was whisky which he had in Koenau'H house. lie li ul drunk a deal of -whwky, both mixed with leiuo.ia Ic and " ne.it," and knew the taste of it. In reply to Mr. OWletgher, witness said that he had had no desire to appear in this eas v an I had only ln-eu dragged into it by the police having suhpieiiacd hhu after the row in Keenan's house. Michael >h chan was e.illnl, and said that he did not reme-.nkjr bciig in Kociiai's lion oon Thtir.s lay 1 i-t. Iledil not know where lie w.as at half past ten o'clock on tho inornmg previous to the row. lie wast diiiking in almost every public house in inwii on the 11 Lit inst. lie did nit know whether he w.'H in Kenan's that morning, lie was drunk at nine o'clock that morning, and might have been in KeeuattV, but ho did not remember it. lie d.d not know ft man nam d Daniel Ki by. Mr. o'Mcaglier : I shall ask your Wnrdiip to be allowed to cross-examine the witness. H s Worship : i think it is necessary. Mr. you to bo careful how you attempt to play with me. J.'enieuiber that \oti are not the only witness in thii ease, and th it Murp y is not the only witness. Witness then, after being still further caution -d, stated, in reply to Mr. O'.Meaghor, that he did not remember in Kooiau'n hoii-con I hu sdav last, but be might havo been. He did not remember se ing Murphy drinking in Kt enan's that day. lie did not remember throwing dice in Jveenau's that day in oonipacy with Murphy, Kirby, and Keenan lie Mould not contradict Murphy if he swore that he (witness) had thrown dice, lb; did not remember drinking a glass of beer that day in Keenan's lie would not swear that lie had not drunk a long glass of beer in Keenan s tha'. morning. He could not say how many times lie had been in Keenan's lions-, since the llth instant. Ho did not know whether he was in Keenan's yesterday. He was drunk all day. Ho was at Keenan's on 'I ue.sday and to-day. Keenan had spoken to him about this case. He asked witness if be was coming to Court, and ho sail he was. Keenan did not ask him what lie knew about the case. Mr. o'M.aghor: 1 anticipated this difficulty wi'.b the witness, but I did not expect to get no much valuable evidence f.oin him. i To Mr. Halmer : Keenan did not say any-fitfj thing to me about what evidei.ee 1 hhould give. This was the case for the prosecution. Mr. Bain.er then applied for an adjournment of tiie for a shott time, as lie had I cen taken by surpiise, his instructions hav.iig referred to a diU'cn nt transaction. Mr. <)'.Meagher objected to tho adjournment, it would endanger tho case, for they had already seen how things were managed, lie fo.fc sure that if an adjournment were granted, evidence would be produced to rebut ihe statements of Murphy, specially manufactured for the purpose. He hud no he-itation in saying that the witness >Sheehan leinombercd more of the transaction than ho chose to tell tne (J* urt, and that lie had been tampered with. Alter some further argument had taken place, His Woisbip decided not to grant the ad« jnurnnient in tier the ctr< unißtanees, as it would b' eontiary to the mual practice. Mr. I'aliiu r, after a short consultation with his client, staved h-; would call Daniel • ■arvey, who, he was instructed, would contiadict the t v.deuce of the witne-B Murphy. Daniel lia.vey was then called, but did not appear. Mr. Jiahncr then placed the defen laut in the box. •, / Kobeit Keenan deposed that ho rJmcmbercd tho witnesa Murphy coming to his

house -with a. bundle of clothe* about two o'clock in the afternoon. He (Murphy) was not in witness's house during the morning. Murphy was the worse for liquor when he came to the houee. Murphy could n->t have been in the bou e without witness seoirg him. Witness dirt not p!::y at "Yankee grab" on Thursday morning. If Mmphy said so he had toid a falsehood. Cross-examined by Mr. O'Metipher. witness said he had a pretty fair memory. He did not supply Sheehan with a long glass of beer on that morning. He would swear lis never saw Sheehan in the house on the day in question. He would swear that Murphy was not in the "bar" before dinner time. He had whi-ky, lemonade, and beer in the house. He was agent for the Albion Brewing Company in Duuedin, and kept a cask of beer for a sample. The witness Garvey was again called. Mr. O'Meagher then said ihat the man Garvey was in Cou?t the whole of the time that Murphy was giving his evidence, and only left jns-t before the examination of the witness Sheehan was finished. He then left the Court, after hearing what the evidence for the prosecution was, and when he was called to give evidence he was not to be found, and had to be sent for. Mr. Palmer said that until the evidence for the prosecution was closed he did not know that it would be necessary to call Garvey as a witness. David Garvey said he remembered seeing Murphy at Keenan's on the 11th instant, but could not say whether it in the forenoon or the afternoon. He did not remember any game of "Yankee grab " being played that morning. He did not plav at " Yankee grab" with Murphy on that day. Murphy was under the influence of liquor. Sheehan was present. He (witness) did not see Murphy pay fur any drinks. To Mr. O'Meagher: Keenan, Murphy, Sheehan, a stranger, and witness w-re present. He could not say what the time was but it must have been between ten and eleven o'clock This wa? the case for the defence. His Worship, in giving hi* decision, referred to the straightforward manner in which the -witness Murphy had given his evidence. He also referred to Ihe extraordinary conduct of the witness Sheehan. who would be a convenient M'itness under anv circumstances. The defendant had denied that Ihe witness Murphy was in his h>use on the forenoon of the 11th inst. This statement was however, contradicted by the evidence of Garvey. who had been called for the defence, and who h. d confirmed the statement of the witness Murphy as to the fact of his having b<en in the house on the forenoon of Thursday, the time, and the person? who were present. There was no positive evidence to contradict the statements of Murphy wHh regaid to the supply of the liquor and the payment He felr bound to accept Murphy's evidence, and convict the prisoner, who would be fined L 25. Sub - Inspector Smith then asked what should be taken with reference to the perjiuy committed by Keenan. He had sworn distinctly that neither Murphy nor Shcehad be r n in his house on the day in question, while both Murphy and Garvey swore to the contrary. He wished to know what steps the police were to take in the matter. His Worship then ordered the police to ld,y an information against Keenan for perjury-