RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 961, 19 May 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

o THIS DAY. (Before T. W. Parker, Esq., R.M.) DRUNK AND DISORDERLY. Findlay Spence, charged with having been drunk and disorderly in Thamesstreet on Sunday night, did not surrender to his bail. His Worship inflicted a fine of 20s. BREACH OF RAILWAY BYE-LAWS. Ptodcricb M'Kenzie was charged with having on the 10th instant crossed the railway line in Thames-street, in front of an approaching train, contrary to the railway bye-laws. The defendant did not appear, and his son, who attended in his behalf, stated that his father was not of very sound mind, and did not know what he was doing. His Worship remarked that he had seen the defendant on Saturday and travelling in a railway carriage a few days ago, and though he had heard something of the matter, he did not observe anything in the defendant's manner to induce him to the belief that he was out of his mind, and not capable of taking care of himself. He (his Worship) would require to have the evidence of a medical man as to the defendant's state of mind before he could accept the defence. Inspector Thompson said that if Mr. M'Kenzie was really in the state mentioned, it was a pity that he was not taken care of, and not permitted to wander about to the danger of his life. He would ask his Worship to hear the evidence for the complaint, and then, if deemed necessarv, grant a remand, for the production of evidence for the defence. His Worship agreed to this course, remarking that if the defendant was really of unsound mind, and was discharged on that ground, he might commit a similar offence immediately afterwards unless some steps were taken to place him under proper care. Thomas Wylie, signalman at tlieThamesstreet railway crossing, gave evidence to the effect that, on the 10th instant, when the 3.52 train from Dunedin was approaching, he saw the defendant coming towards the line, and witness called out to him to . stop. The train was then nearly three parts across the street, but defendant took no notice, and passed over the line when the train was within about five or six yards of him. Witness spoke to defendant afterwards about the matter, but could not get an intelligent answer from him.

His Worship then remanded the case until Thursday next, in order to give an opportunity for the production of medical evidence as to defendant's state of mind.