RESIDENT MAGISTRATE'S COURT

Southland Times, Volume 1, Issue 4, 21 November 1862, Page 2

RESIDENT MAGISTRATE'S COURT

(Before M. Price, Esq., R. M.) Tuesday, November I8 t h. Indecent Exposure. — Thomas Kilkeliy was charged with committing an offence of this nature in Tay-street on the 17th inst. Fined 40s. or 48 hours' imprisonment. Breach o» Cattle Trespass Ordinance. — Edward Whitting was charged with allowing three bullocks to stray in Kelvin-street on. 15th inst. Fined 15s. and costs. Frederick Dejeax, was also charged with a breach of the above Ordinance, and fined a like sum. Wednesday, Nov. 19th. Drunkenness. — William Davis was charged with being drunk iri Tay -street on 18ih inst. Fined lOs. Furious Riding. — Francis Hamer was charged with endangering the lives and limbs of passengers and others, on 17th inst., by furious riding in Dee-street. Fined 40s. and costs. WJliain Poult re was likewise fined 20s. and costs, for a similar offence. Drunk and Disorderly. — Charles Mutray was charged by Sergeant Chapman with being drunk and disorderly on 19th inst. Fined 20s, or 48 hours' imprisonment. George Bray alias Joseph Braid was charged by Constable Hart with being drunk -and making use of obscene language in a public place, on the 19th inst. Fined 20s. or 48 hours' imprisonment. C. M. Tibbetts, runholder, was charged by Constable Quirk as being of mind. Remanded for medical examination until to-morrow. Assault. — William Coppinger was i charged by Constable Quirk with violently assaulting him at Hokanui on 13th j November. Mr. Rervey defended tbe ! prisoner. '■ Constable Quirk sworn and examined — lama constable in the Otago police force; lam stationed at the Mataura; on the 13th November I was at Mr. Hill's station. From information I received, I went to the police station ;I met the prisoner there; he was fighting with Tibbett ; Constable Bird's wife requested me to protect her, her husband being absent at <he time ; I separated the two, whilst fighting, several times ; about an hour afterwards the prisoner left, but returned in a short time ; I met him near the bush ; he used very bad language to me; 1 asked him what he wanted with me, upon which, he (being on horse-back) struck me with a heavy whip (which I now produce) over the temples, inflicting several wounds ; he struck me three times ; the first blow stunned me; after unhorseing htm, Tibbit pulled me away; prisoner followed me with a whip; after this, in self-defence, I struck him and knocked him down, but did not arrest him. as I knew they were both very violent men ; my life was threatened unless I gave up the whip which 1 had in my possession belonging to prisoner ; on the arrival of the other constable they left; I considered they were under the influence of drink. Cross-examined by Mr. Hervey. — Some time before this occurrence I resided with prisoner at Tibbetl's station; we were good friends ; there was drinking going on ; we were in Mr. Bracken's house on the 13th. At this stage of the proceedings, Mr Hervey asked for a remand on the ground that he was not properly instructed by the prisoner. The Police Magistrate — I will deal summarily with this case— l cannot grant a remand. The assault was of a gross and unprovoked nature. Mr. Hervey — I think that the Court ought not to express an opinion as to the merits of the case before it has been gone into. I only require an adjournment of the case for a few hours. Police Magistrate — Oh, indeed; I will certainly grant that. Prisoner and Mr. Hervey then consulted apart for some time. In the meantime another case was called. Brkach of Licensing Ordinance. — Mr. Watson, of the Victoria Hotel, was cearged with a breach of the above act, by keeping open house for the sale of drink beyond the time allowed by law. A constable proved that drink was sold between 10 and 1 1 o'clock. Mr. Watson stated that hi3 house was open, in consequence of some men calling and inquiring for a lodger. . The Mapsrr»t« **id h* vraa compelled

case^Goistable Quirk 'watakain olae in th^wt^sgbgx, and -f ' :■; ; Cross examined Iby Mr.' Heir^ajr.— Thet was some drink no under the influence of drink;: . I le| Bracken's about ? 2 P-noi. in cbnapony wit prisoner *ahd other*; : Cdppmge'iT took bottle of- -gin .-'witb^hi*U-;^l^s*^>v;i^6f: : 'diriti! any of it :; prisoner quarrelled with Tib bet ; "I* 'Tibbet tb?takVno notic of prisoner : Coppinger then called m names and; struck me ; I did not \sei»e hit b^jr the tfirpat; "prisoner struck Him' in seir defence ; I did not qfft to shake hands with him afterwards ; pri soner said if I did not give him '" his stock whip he would take nijr rife; he might ha« said he would lay ah information ; I cor sideredi.V. better^ in^^ soner at the time^ to obtain a warrant*; the usual way ; I'told;Bjrd»a.;K \vi 'JW Lecitia Bird- sworn and examined— ?l]|j, the wife of Constable Bird ; I residf a the Police, station, at the .Hokanui"; remember the ' 13tfi ■of Jfoyember ; th prisoner and Tibbets ? were fighting i»i .tnat day ; Constable Quirk was preset' and separated them several times ; it iM about 4 o'clock in the afternoon ; th prisoner left, but returned soon after ; h mad e some remarks about Qoi irk,- npo which Quirk asked him What he mean at the same time laying, hold of prisonei prisoner then struck Quirk with a whi (whip produced and identified); saw 00l one blow struck as I turned away from tl window frightened ';' Shortly . afterward on approachin g the window, I saw prison* on the ground struggling , with Quirk an Tibbet,; Quirk, soon after, caoie into- in house with his face bleeding; I askt Quirk to remain tintU my husband T< turned, because prisoner and Tibbett wei drunk ; Quirk was [perfectly sober ; did hot hear any names called ; I hear prisoner desire. Quirk to let go ■ the bridld of his horse ; Quirk wasinot Violent before the blow was struck; he had not bee; drinking in ray house ; I did not noti< whether the prisoner said "let go" befoi the blow was struck. • Dr. Win. George sworn and examine ~i am Provincial Surgeon ; on the 14t inst., I examined Constable Quirk's heac there were wounds oh the temples at cheeks, and several bruises ; they, imu have been inflicted by a heavy weapo such as I now see in court (whip produced Alfred Bird sworn and examined— l a a constable, and stationed at Hokanui ; remember the 13th November ; I had conversation with Quirk, who told me the assault ; asked him why he did n< arrest prisoner, he replied by saying. jhi he thought it would be better to let tl matter lie over until he went to Ihv« cargill to procure a warrant ; Tibbett wi not drunk, but very excitable ; I belie he was past all control at the "tim* prisoner was also excited; Quirk *wt sober ; there was no specified time me: tioned to me at which the assault to< place. Th'i3 closed the cose for the prosecutio Mr, Hervey asked for a remand unt next day, in consequecce: of the princip witness on the part of the prisoner beii under medical examination as to his sanit which, if favorably reported on, wbu enable him to ace Mr. Tibbett in tl witness box. Remand accordingly grante Barker v. M' Donald. — \n inforinatit was laid against Duncan M' Donald, mast of the Prince Albert, for being drunk at neglecting his duty during the voya*«e that vessel to this port, and subsequf |~| its arrival. .^ 11 Mr. Barker, agent for the Prince A. tj| was about being sworn, when his Worshil after looking attentively at M'Donaldi ri quested a constable to obtain the^'^eni ance of a doctor, with a view of ast^ 'f\ ing whether M'Donald was capab, -jj, | giving evidence. On the arrival of the n dical gentleman, it was intimated, by t Sergeant in attendance, that an adjour ment to the private room of his Worshi would be necessary : this act of politene appeared rather to astonish the master the Prince Albert, judging from bis d meanor, but the persuasive attention Sergeant Chapman having its due weigi the doctor and M'Donald, (followed by tl Sergeant, in quite a friendly way, of cours retired to an adjoining room. The Uk a-tete resulted in Vl r. M'Donald being i commended to make himself quite at hoi in gaol for twelve hours for contempt court, the doctor declaring him in a «ta of intoxication. CIVIL CASES. Boss v. Monson.— Mr. Hervey appeal for defendant. An action for reovery £10, being £4 additional claimed for 1< sustained by over-driving a hired hdn It appeared from the evidence of plaint that the horse had been over-taxed whi in defendant's possession, and on being turned to plaintiff was girth-galled a otherwise ill-used, in consequence of whi it was unfit for use. For the defence was contended that no ill-usage had tak place, and that the condition of the anic on being returned was only such as mig have been expected from Tiaving takei long journey. Verdict for plaintiff, w £2 costs. Kensett v. Harrison. — Mr. Hervey £j peared for plaintiff. There being no f pearance of defendant, judgmeut wenti K1 default. - «a The Court then adjourned. so