RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 108, 21 March 1862, Page 5

RESIDENT MAGISTRATE'S COURT.

Thursday, Maucji 20th, .1802. • (Before Alfred Chetham Strode, Esq., R.M.) DKUNKEKNESS. The undermentioned parties were fined 20s. for thi-i ofiViiee ; or, in default, were committed to gaol for 4S hours. GENERAL MISO9KBUCT. ' John Williams was charged by Constable James Connor with having unlawfully assaulted him while in the execution of his duty, on the 19th instant. When asked what he had to say to the charge, the prisoner laughed, scratched his left ear, and, leering at the prosecutor, exclaimed :—" He shoved me down and kicked me." The constable explained that the prisoner had struck him in the face several times, and had marks 1 him on the ris;ht cheek. There was, besides C.U complaint, a further information against the run!'. charging him with having used obscene and abusive imauagein front of his own premises situated in Walker-street. When asked what defence ho had to make, he told the Bench that he did not know whetl.er what lie had said-was right or wrong. Itwas represeuted to the Bench that the prisoner bore a very bad character. His Worship fined him in a penalty of 40*.■ or, in default, committed him to gaol, and hard labor, for 14 days. VAGRANCY. Daniel Sullivan was charged by Constable Georae Grainer with having unlawfully trespassed on the private premises of one John Jones, merchant. Mr. Inspector Weldon informed the Court that he did not think the man was right iv his head-; he had been noticed wandering about in front of the Treasury, and when asked what he was doing there, he said he was watchman over the Customs. The Bench considered the man to be a fit subject for examination by the Provincial surgeon ; and ordered him to stand aside until the Court rose. VETTY LARCENY.

Thomas Cavenagh was charged on the information, of one John Ryan, a hair-dresser, with having stolen, on the 37th instant;- three sovereigns, one gold ring, and twenty-three shillings in silver from his person. The prisoner pleaded "not guilty." Mr. Prendergast appeared for the defendant. - John Ryan, sworn, deposed, that -he was a hair-dresser, and lived in the Arcade. On Monday afternoon about two or three o'clock, lie went to bed at his lodgings, at Mrs. Sword's house, situated at the rear of the Arcade. When he went to bed he had two rings on, one being upon each little finger ; three sovereigns in gold in his right-hand trousers pockot, and abSut 235. or 245. in silver in his right hand waiscoat pocket. He laid down upon his bed with his clothes on, and when he awoke he missed the ring from his right-hand little finger. Immediately afterwards he put his baud into his pocket to pay for something, and missed his money. lie had seen the prisoner in his room between 8 and 9 o'clock the same evening. Cross-examined.—Witness is an Irishman, and remembered that Monday last was St. Patrick's Day. He belie veil the prisoner to be an Irishman too. Mr. Prendergast.—When did you begin to pay worship to .the Saint ? 'When did you begin your reverence on that day? Did you commence on Sunday night, in order to do the thing right? "Witness.—Yes, I always take a glass before going to bed. " *" Mr. Prendergast.—Do you remember if you commenced in the morning'?

Witness.—No, Sir. Mr. Prendergast.—What caused you to go to bed so early1! . ' AVitness. —Being St. Patrick's Day, I had taken a. fhiss or two, and'was overcome, and I went to bed, ut I was not drunk.

Mr. Prendergast.—Oh, of course not; an Irishman never is on St. Patrick's Day ! Upon re-exiiniination, the witness said that one of the lings belonged to the prisoner, and he did not know when he went to bed. Mr. Prendergast.—Will you swear, Sir, that you, being an Irishman,' and the other man being an Irishman too, and Monday being St. Patrick's Day, that yon had not been drinking- with him 1 Witness.—No, I will not swear. Mr. Inspector Weldon informed the Bench that the missinc property had not yet been recovered. The' Bench remanded the case, and as the property had not been recovered, bail was refused. STEALING TIMBER. James Harris was charged on the information of John Edward Jones with having, on the 19th inst., stolen a piece of timber valued at 2.-:., the property of one-Sydney- Bouiliall. The prisoner admitted the offence. It appeared that the apprehending constable had noticed the prisoner, about n o'clock on the pre- ' vious evening, with a piece of timber in his possess-, ion,-and going in the direction of Mr. Jones' store. When asked where he had got it from, he said he had received it from the captain of a ship. Upon this the constable took him down to the .ship, but the inaeter denied all knowledge of either the man or the timber. The constable then locked the man up. The piece of timber measured 9j feet in length, and was 9 inches broad. . £' The Bench asked the man how long he had been here, and how he earned his livelihood 1 To which questions, he made answer, that he had been in Dunedin three months, and was employed as a laborer on the wharf. He was committed to gaol for 14 days imprisonment, and hard labor. Nuisances.—The undermentioned cases were dismissed Mr". Newman having- reported the nuisances abated, George Davis, William Best, and Thomas Cullen.

CLAIM. JUDALE SOLOMON V. EDWARD SOLOMON. This was a claim, the amount of which did. not transpire. ' [Samuel Solomon appeared for the- plaintiff • Kdwartt Solomon, the defendant, did not put in an appearance, after having been called three times by the crier, the time being a quarter to twelve, and he summons appointed for eleven; service of sum mons upon the defendant in person having been provi-'l. the Bench gave judgment for the plaintiff, App'i ation was Instantly made by the plaintiff for a writ of execution, vhich was granted. TnE Schooner "Falis." —The two men, respectively named William Edwards and John Robinson, wpre placed at the bar on the adjourned charge of robbery on board the schooner " Falls," lying at the Iflolynenx; and on the application of Mr, Inspector \Yeldon, were further remanded for one week. JIILBOUUN V. NORTON, Mr, Oilljes fpr the prosecution; Mr, Prendergast for the defendant. Before the case was entered into, Mr. tames,7 for Thomas Milbourn, applied to amend the information, Mr. Prendergast objected, on the ground that his client, Thomas Norton, was brought up under the 73rd section of the Passengers Act, which applies to contract tickets, and any amendment would alter the character of the summons altogether. The learned gentleman argued thnt his client had been broushi; befove tlw court illegally; for the 73rd section applied to England, with certain exceptions, of which India and the Mediterranean were two. And he referred ,to another clause, which states that the provisions of the act, with respect to contract tickets, are not to affect ships trading to the colonies; and it appeared in the piesent case that the contract was from Dunedin to Auckland. He then read the 06th section. Mr. (iillies replied it was perfectly clear that the cOJcni; act was applicable to colonial voyages; but that the 73rd clause of this act, which was mentioned in the particulars of demand, unfortunately did not impose any penalty—it merely invested magistrates with jurisdiction in regard to breaches on contract tickets, to a larger extent than they would otherwise hnve in their ordinary jurisdiction. He would, therefore, ask the court for consent to amend, as the case went for damages for breach of contract, and not upon the contract ticket. Mr. Prendergast: Then let the other side commence db ini/in, and go through; or let this matter be dismissed, to enable him to begin de novo. His Worship: I think that having taken out a, ' summons, and having a bill of particulars stating this demand made under the 73rd section of the Passengers' Act, you ought to take out a fresh summons, for it is very likely to mislead the defendant in this ease. Mr Gillies.—lf your Worship thinks it is calculated {/O mislead the defendant in this matter, we will tafepouta fresh summons for to-morrow. '" J»ir lYeridergast.'^-Mr Norton is at Port Chalmers, and during his absence I am not prepared to make aiiy admission on his part. " His \V prsbip.—lt will be better, under the circumstancesj to take out a fresh summons. ".'' '.' ' JiYlipN Y. SORTON. ' |tr Prendergast for Ihe defendant, Thomas Norton. TJie plaintiff, John Byron, sued on particulars of demand for passage per " Indus." Juilgmentfor plaintiff, £5 12s. 6d. BROACHING CABGO. ' Peter Peterson and John Sydney Asher were charged on the information of the master of the schooner " Yarra," with having embezzled a portion of her cargo, by breaking open a case of port wine, and abstracting eight or nine bottles, contrary to section 243 of the' Merchants' Shipping Act. The defendants pleaded not guilty. The proEecutor, being sworn, deposed that, 3resterday afternoon, about two o'clock, he was in the cabin of the " Yarra/' when one of the prisoners entered and asked for a pair of boots, lie was under the influence of liquor at the time. The prosecutor ■went on deck, as he had suspicion that something was •wrong. When he got on deck he noticed that several of the crewbetrayed symptoms of having been drinking, and among others was the man Asher. Upon making an examination he discovered one of the dozen port'■wine cases broken open, and several bottle

missing. The mate told prosecutor that he had placed the case in the position where it was foundsome two or three hours previously. 'Die chief officer went down into the furee-istle, and fuiim! part of a bottle of port wine in Asher's bunk. Prosecutor then went ou shore for a constable; aud hud the man arrested. Mr Jackson, mate of the " Yarra," corroborated the material features of the above evidence. The prosecutor then called one of his crew, who, after beiog sworn, said (:uuid*t consuierable laughter) that he knew nothing whatever about the affair. Another witness was called for the prosecution, but his testimony was so meagre and reluctant, as scarcely to affect the case. His Worship did not consider there was sufficient evidence against Peterson, and discharged him with a cantion to be careful in future how he meddled with cargo. The other man, Asher, was committed to imprisonment with hard labor for six weeks, and the master was instructed to send his clothes to the gaol. Our reporter was informed, after the Court rose, that the Resident Magistrate, on the good report of previous character made by the prosecutor in favor of Asher, had mitigated the sentence in his case by three weeks.

The Court rose at half-past twelve o'clock,