RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 50, 1 May 1863, Page 3

RESIDENT MAGISTRATE'S COURT.

TCBBDAY, 28TK ApAIL, 1863.

GtfCKING TIP COHBTABL«.rr-WiU> am Agon brought up on remand charged with Sing a cheque for 4512 19s. from ex-con-' fie Walsh, was fully committed for

gftSACK OF THE ShBEP, ORDINANCE.— gas Cameron was charged on a fresh initiation with having on the 20th instant, his control or charge, about 4,500 fcp affected with the disease called scab. L«n&ant pleaded the same as before— non |(r, Harvey conducted the case for prose.o r, and Mr Rnsssell acted for defendant. \'m.Hately, Inspector of sheep at the Bluff, osed— l inspected the sheep referred to on 20th. Defendant was in charge o* them, jiine forme to go and inspect them. This ,oii Friday, and we went down on Saturmorning together. Inspected them on iday, and found they were scabby. Del&nt never said he was hot in charge of ifctheep. He merely asked me to come >jee them. Had a conversation -with >ral parties previously about the sheep. Gilles was agent for the sheep. In convero n he asked me the proportions of tobacco sulphur to be used for scab, and I said ueron knew perfectly well the propel atities.

)y Mr Russell — Did not ask defendant to L t out the shepherd in charge. Preicd he was the shepherd. He never me he was in charge of the sheep. Mr e9 said nothing further than asking the ntities of tobacco and sulpherto be used. Mr M € lhtosh there when I went down. tras walking after the sheep, by Mr Harvey — When delant applied to have the sheep inspected, [id not say that he so applied on behalf of party ; he merely asked me to come n and inspect the sheep. During the rersation with Mr Gilles, no particular It of sheep was referred to.

j the Court— The certificate of inspecwas granted in the name of M'lntosh. It at Mr Gilles' request that Mr M'lntosh's ie was inserted in the certificate. When sheep were landed from the ship, Camehad charge of tbem. Mr M'lntosh was driving the sheep ; he appeared to be ing about the sheep ; nobody appeared > in charge of the sheep. r M'lntosh, station holder, Mataura, was aat the Bluff on the 17th April last, leron was then in charge of the sheep in ition. Was about to take delivery from when I found they were infected, and him so. He said "No." I was- firmly pinion they were, and said the only party lecide was the Inspector. He wished to delivery of the sheep, but I would have ing to do with them till they were inted. He afterwards went up to town brought down the Inspector on Monday iwing, and he said the sheep were diseased. f were then in defendant's charge. j Mr Russell — The men in charge of the p while Cameron was in town were emed by him ; Scott was never employed itness ; Scott went down to the Bluff on >wn account ; witness never asked him to Witness* men were at the Bluff, but r had the sheep in charge. Witness reito take delivery of the sheep, nor did [ill any of them ; he would swear he r killed one of them, nor did he drive

i. At the Bluff, he remained for three waiting until the sheep were inspected, heard that the Inspector's certificate been granted in his (witness's) name, but r saw it

the Bench : Previously to the! 7th, never red delivery of the sheep, either dij or indirectly.

iis closed prosecutor's casp,

r the defence, Alfred William fi illes was lined by Mr Russell. In the early part iril hod business with Mr Mclntosh in ction with sheep. Sold him on the 9th or the flock expected ex ship Blue Jacket, mt any conditions as to disease. The

yould number about four thousand five red. On the evening in question ng passed except about the delivery, was the only thing discussed. It was i he should take delivery ontheWednesollowing, and witness wished it eailier. he day following Mr Mclntosh paid ion account of the sheep. Witness got leque cashed at the Bank and gave the ?er a receipt. Mr M'lntosh had prely examinen the sheep : at that time were free from disease. The examination place about the 6th inst. The disease out afterwards. The sale was made on h. and neither witness nor any of his >>ere in possession of them after that The Inspector granted the certificate me of M'lntosh, the purchaser. No ader witness's orders was at present in c of the sheep. Mr Harvey : The certificate is not in ['Intosh's possession. The sale was without any conditions except as regards yof delivery. Witness kept the certiin his possession for his own , and did not know whether M'lntosh ken delivery of the sheep or not. the Court : Cameron was my servant 20th instant. He was instructed to r the sheep to M'lntosh. The letter roduced contains the instructions sent i to deliver the sheep to M latosh. Was esent, and did not know if they were so red.

a Munro was next put in the box, but ived so obtuse, that little light was ion the question of ownership. From ould be got out of him it appeared to i impression that delivery had been m the 16th, when he was dismissed efendant's employment in consequence services being no longer required . ing the cross examination of this wity Mr Harvey, a policeman whispered lat defendant was making signs to i. Mr Harvey at once complained, c Bench indignantly reprimanded such lings. Defendant denied that he had aking any signs, and Mr Russell rose iort him by stating that he had been nodding to Mr M'lntosh, who was beside the witness-box. His Worship Ito hear Mr Russell, and with some snee ordered him to sit down, a step red that gentleman seemed disinclined to >n the orderbeingmore than oncerepeatRussell complied, and his Worship utioned the defendant, threatening to him to gaol for two months for con- . »f Court. case was then proceeded with, and itne further evidence had been heard, agreed in simply leaving the case in ; ids of the Bench. (Worship wished to hear counsel, and ssell briefly addressed the Court for endant. tench, after pointing out that any > in the present case would not affect stion of ownership, found that the dewas undoubtedly in charge of the t the date of the offence. He was, c, fined 6d per head for each sheep, 1 amount of the fine not to exceed A. bond was requiied to be entered jhe usual way. ' I S er> nq>'MiND.-T-Hugh Hector was cxl? er ; in absence as to his sanity. Previous cla ~ \ into the case, his Worship goodtiesej Hy lectured Drs. M'Clure and Grigor ent.j tttending the previous day, as they n to; |aired to do. Turning =to the Ordittedi i e showed that by not doing so the/ • i ble to a fine of £50, and put it to bout? lether they "would attend, 4 and save by! orremain away and have it imposed ? ! Jlure enquired who was to pay for Fth* attendance in rach # cases? His j -sJ i asked who was to pay? The poor tit late* brought there were. unable, and r * be unreasonable to expect the con•n i parties who brought them to do so.

If an application were made to Governmont, he would be happy to ■ give it all the support in hia power. Evidence was then taken. The surgeons considered that Hector was laboring under temporary . derangement, and unfit to be at large. Dr. M'Clure was of opinion that confinement in the gaol injured him, but still he would not recommend his discharge. The case of William Hector wbb remanded till next day.

Wednesday, 29th Apbtl. Unprovoked Assault. — Robert Aliston was charged by James Lang with an assault. James Lang deposed : lam landlord, of the Golden Fleece Hotel. The prisoner came into my house yesterday afternoon about three or four o'clock, stopped a short time, went Out, and came back again late m the evening. The prisoner entered the tap-room which was full of people at the time pulled off his coat, struck me in, the face, and insulted a great number of people present. I put him outside the house, and told him to put on his clothes and go away, which he refused to do. I went out, and returned in a short time with a police-constable. The prisoner came up to me immediately, and struck me on the arm and face, and made use of abusive language. I immediately gave him into cuttody- By the Court : Prisonej struck me in my own place without the slightest provocation. I still bear the marks of the blows upon me. I never saw prisoner before ye-^erday morning, when h3 had a few glasses in the bar. By the prisoner : I never struck you at all, nor did any one else do so in my house. Constable Maclean deposed : I was on duty last night in Tay-street. About eight o'clock James Lang told me of the assault committed on him. I scwompankd him to the hotel, and saw prisoner t •ir.e his coat off when Mr. Lang made his appearance, and strike the complainant without any nrovecation. Prisoner declined questioning this witness, and said in his defence—" Supposed he was drunk, and did not know what he was doing somebody must haTe struck him first, or he would not have done so." Th« Court, in sentencing the prisoner, said that assaults of this kind could not be tolerat' d. Prisoner had said he was drunk, and seemed to consider that a sufficient excuse for a most wanton case of assault The plea of drunkenness, instead of excusing, greatly enhanced the offence. Sentenced to 14 days' imprisonment, with hard labor. Sup-osed Lunatic- William Andrews was brought up on Temand, charged with being of unsound mind. Dr W. P. Grigor deposed- I am a legally qualified practitioner. I have examined William Andrews this morning, and consider him sane. I think his violence was merely owing to temporary excitement, and that he is fit to be at large. Dr W. G Maclure deposed — I am a surgeon residing at Invercargill. I have examined William Andrews this morning, and I am of opinion that he is not insane. The Court directed that William Andrews should be remanded for further examination. Inebriate. — Robert Macarty, charged with being drunk in Tay-street, was fined ss. Driving -without Reins. — Robert Quinn was charged with driving in the public streots without reins. Defendant acknowledged the fact, but pleaded ignorance of the law? He had only been two weeks here ; the horse was a veiy quiet one. The Court said defendant must know that this was a very dangerous practice, not only to other people but to himself also. The law in question was well known to be in force, not only here but everywhere. The quietest horses get excited sometimes. He should fine defendant 10s.. and os. 6d. costs.

Thursday. 30th April. 1863

Ixebriatb.— William Kerr was charged by Sergeant Purdv with being drunk in Taysrreet, on the 29th instant. Prosecutor stated that he had never seen prisoner before ;he was not disorderly. Fined ss. Bernard Doyle was charged by Constable Maclean with being drunk in Dee-street, on the 29th instant. Prisoner admitted the charge, anil stated it was the first time ; he was not disorderly. Fined ss. Furious Ridino. — Julius Sehoff was charged by Constable Downs with riding so as to endanger the lives and limbs of paßsengers and others in Dee-street, on the 28th instant. Defendant admitted the charge ; horse in question vas young, and had never been in harness before, and shied at a timber dray which was going past; defendant did all in his power to stop hiTr. Constable Downs deposed that, on the 28th instant, he was on duty in Dee-street about five o'clock in the afternoon, and saw Mr Sehoff with a spirited young horse driving very furiously through the street. By the Court : This was for about 200 yards. Defendant appeared to be endeavoring to stop the horse, and was trying to hold him in. He was not urging the horse on, but it seemed to be running away. Defendant told witness that the horse had bolted at the sight of a timber dray. His Worship said that under the circumstances he would give defendant the benefit of the evidence ; but he must be more cautious for the future, as the streets were continually very crowded with horses, vehicles, women, and children, &c, which made any thing of the kind very dangerous. Fined in costs, 5s 6d.

Caught in the Act.— William Bell was charged by Patrick Ford with stealing one coat, value 20s, on the 29th instant. The prisoner appearing in Court with his face much bruised and bloody, his Worship inquired the reason of his appearing so, Sergeant Purdy explained that it was the consequence of a struggle with plaintiff when arrested. Sentenced to six months' imprisonment with hard labor.

Diseased Shbep. —M. S. Watt was charged by H. G. Fielder with infringement of the 23rd section of the Sheep Ordinance of 1860, by driving a flock of scabby sheep along the public highway, from 12th to 15th April, 1863. Defendant pleaded permission obtained from the owner of the land through -which the sheep passed, and ignorance of any further requirements of the law. H. G. Fielder deposed : I received a letter from defendant on the 13th April, dated the 3rd, desiring me to examine some sheep. 1 started next day, and met defendant, who had not -waited for me on the road. He had a written permission from Mr. MacIntDsh to pass over his boundary, but defendant had no right to pass on any further without receiving a certificate from me. I found him on the Dunedin road, opposite Mr. Banks's. His Worship read the Ordinance in question, which requires not only permission from tJie landowner to pass through his land, but also a certificate from the inspector. Ignorance of the law formed no justification in th's case any more than in. others. Fined Is for each diseased sheep, amounting to L 7 10s., with 6s fid costs.

The Court then rose.