RESIDENT MAGISTRATES COURT.

Oamaru Mail, Volume IV, Issue 1200, 20 February 1880, Page 2

RESIDENT MAGISTRATES COURT.

THIS DAY. (Before T. W. Parker, Esq., R.M.) STRAY HORSES. ..... The following fines were imposed for, allowing horses to wander :—Alex. John-; ston, two horses, 10s ; W. Raynor, one horse, 5s ; John Lewis, two. horses, 10s ; James Bovland, one horse, ss. INDECENT CONDUCT. ; James Donaldson, James Grey, and John Lawrie, three lads, were charged, on the information of Constable M'Gaughran, with having unlawfully and' obscenely exposed their persons by bathing in the bay near Trent-street. Evidence having been taken, the accuseds were cautioned and discharged, Inspector Thompson stating %hat/the boyshad not been brought up for -the Bake of being punished, but as a warning to others. - ORDINANCE.' "' Alexander Johnston, licensee of the Commercial Hotel, was charged with ;having on—the -Bth instant, unlawfully, permitted a certain game of chance, to wit " Yankee grab," to be played in his house; - • • ...... Inspector Thompson prosecuted, and Mr. Newton appeared for the defence.

Evidence was taken to show that at a qbarter past one o'clock on the: morning in question Constable Donovan and Detective Livingstone visited the- hotel, and found several men in' the room at the back of tile bar playing at dice". They were throwing for : drinks,, and . there was no money on the table-. . ... ; Mr. Newton contended'that the offence of , permit l ing a game of charice was constituted by the Otago Licensing Ordinance,'and could only be committed by the., holder of a general license. . This denomination of license was not issued, and th.e : - defendant. ; ;was the holder .. of a publican's,. liceiise. The clause in the Otago Ordinance being' a penal one, could hot be construed strictly, and though the licfcnse held by defendant was of a. similar character •to the,former .general license, yet being of a different denomination under the Act, the offehce'could not be committed by the defendant. He. also urged that it had not been shown that the defendant had been cognisant of the gaming, and said' that it was necessary for the prosecution to do this. - ; ■ His Worship dismissed the case on the ground of want of proof'of knowledge of the offence on the part of the defendant, and said that there was no necessity for considering the first objection raised. ALLEGED HORSE-STEALING. ' John Scott, J. Anderson, and Andrew Doig, were charged, on the information 6f Thomas' Meek, with the larceny of three draught horses on the 7th February. Mr. Hislop appeared to support the information, and Mr. Hamersley (of Tiinaru) for the defence. I Mr. Hamersley applied to have the cases heard separately, and some argument took place upon the question, after which, his .Worship declined to agree to the request. , _ i ''Mr.' , "Hisl6p,' *in opening the "cases, said that in Match last a partnership -was entered into; between Mr. Meek and Scott, one of the accuseds, for the purj pose of carrying on certain agricultural | pursuits.' One of the conditions was that the, whole of : Scott's stock should become a portion-of the partnership, in .consideration of several sums being advanced by Messrs. J. ; arid T. Meek. 'Messrs. Meek,' not being satisfied. ..with the manner in which the partnership affixirs were being managed at Qtira : by . Scott, ordered some of. the. stock to be sent to...Hakateramea'for use .there. The sam.e. afternoon the horses back,, and disappeared-from the paddock in which they were placed. He then proceeded to read the correspondence which had passed, between the solicitors of the., parties, with a view to showing that steps_were in progress for the dissolution of the partnership. ; Mr. Hamersley objected-to these letters being, read,until it was proved that Scott had seen the letters.

I Mr. Hislop said that he desired to read the letters "merely' : to show that while steps were being taken to wind up the partnership iamicably, Scott was.. selling the stock for his own benefit, and that the remainder of the defendants were aware of the fact.

i Mr. Hamersley again objected to the letters being put in as evidence, unless it was -proved that Scott had a knowledge of their contents; ,

! Mr. Hislop said he was not going to read anything that he would not be prepared to prove in evidence had been received by Scott's Solicitor, and it was only to be presumed that he knew what was being done by his Solicitor. If necessary he would subpoena Mr. Joynt froni Christchurch to show that Scott was cognisant of the letters being sent-. .

i - After some further argument, . | His Worship said, that it was necessary to .know- the relative positions of the parr ties, .as an opening to the case. Of course, anything that might be read would not have any influence upon the Bench unless properly supported by evidence. He could not therefore see any objection to the letters being read. s Mr./Hamersley' again protested against tlie loiters being read unless his Worship was prepared to prove that Scott knew what the letters contained.

■ Mr. Hislop then proceeded with his opening, and detailed the facts connected with; the; sale of some, of the horses, and the" fact that others, had been entered .for sale by Messrs. M'Lean and Stewart, but withdrawn from sale on the facts being made known. Scott had afterwards, unknown to Messrs. M'Lean and Stewart, ;takfen'the horses away, and Anderson had 'assisted'in their removal. An advertise-: iment had :been. inserted, in the Waimate ;paper..giv.irignotice, of the dissolution of {partnership,.'so that the other defendants Imust have known that Scott was acting illegally. |-"After, hearing some evidence the case -was adjourned until Thursday next.