RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 462, 22 October 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (nefnro T. \V. I'aiikkh, Ksq., li.M.) INDIGENT KXI'O.SUIiE. Andrew Black, against whom a number of previous olt'jiices were i\ corded, was charged with having been guilty of indecently exposing his person on t ie 17th instant, in T.iames-street. Prisoner pleaded Guilty. The evi letice of Constable Smith having been taken as to the nature of the otfence, his Worship ordered the prisoner to be imprisoned for three mouths. ASSAULT. A trumpery charge of assault was preferred by John Avery against Samuel Newey. Mr. O'Meagher appeared for the defendant who denied tue charge. The evidence went to show that on the 11th instant the defendant went to the stable used by the complainant to distrain upon a horse for rent. The complainant then made use of foul language towards the defendant, who " boxed " his ears. His Worship inflicted a fine of Is. and costs. LARCENY. William Price was charged on remand with having on the 10th instant, stolen from James Grigg a pocket-book containing sundry papers and two Ll-notes. Sub-Inspector Smith prosecuted. The evidence in this case went to show that the prosecutor was under the influence of drink, and the prisoner took charge of his pocket-book for safety, but omitted to return it and spent the ineiiey. The case was dismissed. NUISANCES. Robert Keenan was charged by the Inspector of Nuisances with allowing a nuisance to exist on his premises.—Dismissed. David Garve} 7 was charged by the Inspector of Nuisances with allowing offensive matter to be spilt within the town of Oamaru.— Fine, ss. PERJUHY. Pobert Keenan was .charged with having, on the 18th instant, committed wilful and corrupt perjury while giving evidence in a case of sly-grog selling then being heard against him. Sub-Inspector Smith conducted the prosecution, and Mr. Balmer appeared for accused, who pleaded Not guilty. Mr. Balmer took a preliminary objection, and argued that the prosecution should be confined to one particular point. John hi Marohant Carey, Assistant Ckrk of the Resident Magistrate's Court, deposed that on Thursday bust he took down the depositions in the c-ise of SubInspector Smith v. ltobert Keenan, for illegal sale of liquors. The accused, in giving e"idence in his own behalf, swore that Thomas Murphy had not been in his house until after 2 o'clock on the afternoon of the 11th instant, the day of the offence, He also swore that the witness Michael Sheehan was not in his house at all on that day. The witness Murphy swore that lie had drink in the house of accused before half-past 10 on the 11th instant, and had paid for drinks, as he had won at " Yankee grab." |

Mr. Balmer erosH-exa.ltfmHl tlio wit. H ness, but did not elicit anything Material 1 to the case. § Thomas Murphy was called, ami gavo ' evidence to a similar cifect to that given by him in tho previous case, viz., that ho had been in K-enan's house before 11 o'clock on the 11th inßt., am 1 , uad had drinks Ihur\ In reply to Mr. Balmer, witness said that lie had no pecuniary interest in tliu prosecution of Keouaii for sly-grog Helling. He had had his word doubted. lb; had been in a military prison on numcroiiH occasions for breaches of the military regulations. To Sub-Inspector Smith : When 1 say I have been in a military prison, I mean 1 have been confined for breaches of the regulations. 1 have never undergone a sentence in a civil prison in my life. David Garvie deposed that he was in the employment of the accused as expressman. He remembered tlio 11th instant. On that day he was at the Riilway Station at about half-past 10 o'clock. He went home after going to Mr. Headland's with a parcel. When he got home the accused , was there, and so was Murphy. Ho spoke to Murphy, who appeared to bo half drunk. Accused was sober. There was a stranger present, and Sheehau was also there, lying on a sofa, apparently drunk, in a room adjoining the store-room. Sub-Inspector Smith then read over the evidence given by the witness in the previous case, in order to refresh his memory. Witness continued: He could not say what time it was when he saw the porsons named at Keenan's. He believed that the first portion of the evidence given by him in the previous cise was not taken down. He would swear that the time as stated in the depositions was not true. He would swear that it was iifter dinnertime (12 o'clock) that he came homo. Sub-Inspector Smith here remarked that ch-*- police Would have prosecuted tho witness for perjury. Witness : 1 cannot be certain what tini'j 1 came home. Sub-Inspector Smith administered a caution to witness. Witinss: I did see Murphy, accused, Sheehan, and a stranger in the stororo.au. Sab-Inspector Smith having endeavoured in vain to get a direct answer from witness as to whether he swore previously that lie saw tho persons named in K •enan's between leu and eleven o'clock, appealed to the Bench (o compel the witness to answer tho question. His Wors op then tried to obtain a dir ct answer but witness merely answered that ho cirilil not, nay whether it was forenoon or afternoon. At this stage Sub-Inspector Smith aiked to have the witness darvio committed for contempt, as ho was only standing in t :e box defying t'le Court. The C uirt was adjourned for a quarter of an hour in <>rd,r to allow the Bench to decide on t'le application. On resuming, Sub-Inspector Smith on the direction of t .o liench to again put the question : '•Did you not, on the 18th October, at the Resident .Magistrate's (Joint, swear that after you came home from the railway station on the morning of the lltli i-ist., it must have been between 10 and 11 -.'clock r Witness then swore that the statement in tlio depositions as read over was true. This was the case for the prosecution. Mr. Balmer, who did not call any witnessi's, then addressed the Bench. His Worship committed accused for trial at the next sitting of the District Court, Oaniani. Bail was granted, himself in LIOO, and two sureties of LSO each.