RESIDENT MAGISTRATE'S COURT

Southland Times, Volume I, Issue 36, 13 March 1863, Page 2

RESIDENT MAGISTRATE'S COURT

(Before M. Price, Esq., R.M.) Tuesday, 10th March. Cattle at Larcjk. — The following partiei were each fined in ss. and costs ior allowing their horses to stray in the streets, viz. :— Andrew Mitchell, Mark Shaw, Edwarc Robinson, and — Campbell. Wednesday, Jlth M^rch. Inebriate. — James Hamilton, for beinj drunk, was fined in ss. Wandering Horses. — Henry Adams, fo allowing six horses to be at large in tin streets, was fined in ss. Thursday, 12th March. Tipsey and Unruly. — William Rose pc nitcntly pleaelcd guilty to being drunk anc disorderly in Tay-street the previous day Ho was fined in 10s., with the alternative o 21 hours' imprisonment. Skrved him bight. — Joseph Smith, whosi countenance was not of the prepossessing cast, was charged with being drunk, and as saulting a police constable in the executioi of his duty. Prisoner pleaded not guilty From trie evidence it appeared that prisoner who is a recent importation from Tasmania had been wandering about at midnight in ai intoxicated state. A constable, on advisinj him to go home, met with abuse and threat cning language, so Joseph was taken int"

custody... At the lock-up, ; he got very violent, necessitating the Induction' Qf his hands intothe wrist-bands, but in the operattqnL'bJg got' one., of the "Operators - hands,- * betw^enl .his; teeth;, and ' bit it severely. Ari-tatteinpt at; exculpation failing, his Worship rea"6T him a severe lecture. He had been there before — when he was only two days landed — and he then . ot a caution, but had not tzken it. Wi :, men like him the Court would deal in a very summary m nner ; mercy was thrown away upon them, "id long as his Worship s t c he would try to get rid of them. He knew a man of the prisoner's stamp inst ntly, and he would give him the full pen-lty. He was cautioned to tell his mates of what they might expect at that Court, two months' imprisonment with hrrd labour. The prison, r was then removed, loudly pro- . "n - that it was a one-sid;d trial, and that he v.* : innccent. ANOTHER TasMANIAN IN TROUBLE. S ' auel Hay was accused cf stealing £20 in gold, and some silver, the property of Robert J. Forton. Divested of its profuseness, and numerous interjections, such as "D'ye see," &c, prosecutor's story was as follows : — He arrived in town on Wednesday from Riverton, w ;re he had baen working in the busli so lon •asto 1 3 quite ignorant of the day of the month, and very doubtful of the month itself. The which he carried was the fruit of his labours there. Putting up at the Golden Flesce, he went to the skittle alley after supper, and had several games with the prisoner and his mates. At prisoner's suggesJon he slept io the same room with him : d other three, and lay down with his trou . in which was a purse containing the mor.ey, at his side or beneath him. Before retiring prisoner s .id "he would lock the door, as Ihcy did not know what company wis in the h lUoe." Ecrly in the morning prosecutor got up, and iue door was then ajar, the lock being out of order. On retunung to bed prosecutor found that his purse was ;mpty. He immediately raised an alarm, wh'ch rous: .1 all the others in the room at oice ; but prisoner, -who slept farthest from prosecutor, appeared ':o be only wakening when lights were made by burning lucifer matches. All denied any knowledge of' the robbery, and failing to get any assistance from the household, prosecutor walked " fore and af t " to prevent egress. During the march lie repeatedly stated that his sovereigns were marked, and he would know them. In reality there was only one he could swear to from having noticed a peculiar rust upon it round the rim. About daybreak prisoner rose and wanted to go out, but this was not permitted. He then said he would write a letter, and sat on his bed for that purpose, when the watcher saw that the pen was a knife and the paper sovereigns, which were being marked. About six o'clock Constable Downs arrived, and prisoner at once volunteered to be first searched. He produced above £20 in gold, and some Hobart Town bank notes, which he said were all his property. He affirmed that the gold was all marked on the "head" side, but the constable noticed that seme were marked on the other side, some not at all, and prosecutor idpntifying the one particular coin among the number, prisoner was taken into custody. Constable Downs gave his evidence very clearly and distinctly, and was complimented by the Bench for the great discretion with which lie had acted. Several other witnesses were examined, auJ prisoner was remanded till next day. The case was a very protracted one. Horsk at Large. — Duncan Me Arthur was charged with allowing a horse to stray in Tay-street. Mr Me Arthur, without pleading either way, cross-questioned the witness, but with what object was not very clear. He (defendant) would give the police great credit foi not taking up two horses the other day, though they passed within twenty feet of them. His Worship imposed the usual fine, 5s and costs, and informed Mr McArthur that if he thought the police acted with partiality he should complain in the proper quarter. Civil Cases. Caution to Ship Masters. — Nicol v. Irving. — Mr Harvey appeared for plaintiff, . and Mr Macdonald for defendant. Plaintiff was a seaman on board the Mayflower, and in December last was brought '.before thai court and punished for disobedian.ee of orders. At the time sentence Avas given he asked Captain Irving to send his clothes ashore, but ■ this was not done, and when plaintiff was rei leased the ship had sailed. The action was . now brought to recover the value of the apparel, amounting to L 3 12s. Defendant stated that he saw no clothes belonging tc 1 plaintiff except a pair of old blanket which lie would not use for horse cloths. In cro ■ examination lie admitted that ho made nc : search for any clothes of plaintiff, and would not swear that the articles sued for might noi ! be on board. His Worsh'p commented or * the inhumanity of masters in this respect • They got their men punished, and accrued tc , , think that the men losing their clothes was t of no consequence or part of "_ie punishment It was the right of the masters iv such cases 5 to look after the men's effects, and on everj ■ such occasion where it was proved that thej l had not, he would award the full amouni craved with costs. Judgment for plaintiff, (D "endant asked if he would be allowed tc make a remark, but was advised by his couni sel to forbear. He then said solto vocc, "he 1 (plaintiff) should have made it double ; il would have bc-^n all the same." Sjiucglin-g Case. — David Brocklehurst . was charged by Mr CF. O'Toole, sub-collec- [ tor of customs at the Bluff Harbor, witl: r havirj in his possession on the 10th instant , on bolrd the ship Jan "V an Schaff elaar, and \ landing the same, sundry packages of tobaccc and cigars, in contravention of the Inlant ' lievenue Act. Defendant pleaded guilty. Ai the request of the officer prosecuting, ths Bench fined defendant iv treble the value o: the goods seized.