RESIDENT MAGISTRATE'S COURT

Southland Times, Volume 2, Issue 4, 22 May 1863, Page 2

RESIDENT MAGISTRATE'S COURT

Tuesday, 19th May. (Before M. Price, Esq., R. M.) Drunkenness.— William Chodal was charged with being drunk in Dee-street, on the 18tli inst. Fined ss. Assault. — George Holmes was charged with being drunk and assaulting John Campbell, also assaulting Constable Fahy, while in the execution of his duty, and damaging his uniform the value of 255. John Campbell deposed that he and his mate were passing along Tay-street at a quarter to ten on the cv ning of fie 18th. When between Mr Goodwillie's and Mr M 'lvor's store, defendant came along and assaulted plaintiffs mate, without having received from him any provocation ; then plaintiff asked defendant what he meant by it, defendant immediately struck plaintiff in the eye ; a constable cornin"- in sight, defendant, ran at him also and ass-ultecl"' "m, tearing his clothes. By Defendant— Did not shove defendant off the path : he was the worse for liquor, but not drunk. Charles Hutton, mate of the plaintiff, corroborated his evidence. Defeni>nt called John Hawkins, who deposed that he was defendant's mate ; was going home with him on the occasion referred to. Saw Holmes and Hutton going along ; one of them pushed defendant, then they had a bit of a fight, and a constable came along and apprehended defendant. Saw no blow struck by defendant ou the occasion, the night being rather dark. Constable Fahey deposed that he was on duty in Tay-street, about 10 o'clock on the evening of 18th. Heard defendant and some others shouting in a very disorderly way ; he was sparring at his mate and threatening him. Went and told defendant to go home without any more disturbance. Saw Campbell and Hutton coming along ; defendant ran after them and there was a couffle. Witness ran up, defendant threw witness down, tore his coat and got one hand in his neck-tie. By the Court — Witness lieard the scuffle but could not see defendant strike the plaintiff, as the night was rather dark. By the defendant— Witness did not go between defendant and his mate ; he was using very bad language, and making a great noise. Fined 40s. with costs, ss. William Wright, for drunkenness in Taystreet, on 18th inst. Fined ss. Theft. — Peter Dempsey was charged with stealing an opossum |rug, value £4, the property of J. Thomson," on the 13th May. Also with stealing a quilt and a pair of drawers, the property of O. J. Mackin, on the 13th of May. John Thomson deposed that lie was a miner, liviDg in a tent in Kelvin-street, opposite the new Police barracks. On the

13<&May about 9 a.m., left an opossum riig on whichihe had slept in the tent, while Jie ' werifti?rtp|a hoarding/ House. When prose- *=' 7 c^r*^ttrned|^o^he£tent about 12 o'clock,; the opossum rug jvas gone, and the tent door ? 6peh^^Aiter : giving information thereof^ jto the police, went with them to search about the locality ; found the rug with other articles at, a tent where defendant was. Identified the opossum rug produced, by some marks aud gun-shot holes in one of the ?kins. Oliver J. Maekin, mate of Thomson, confirmed his evidence, and also deposed that he missed besides the opossum rug, a quilt, and a pair of drawers, with various other articles. Identified the quilt produced, by some calico in a pait of it, also the drawers, by his name heing on them. Timothy Burke deposed that he was a constable in the Invercargill force ; the opossum rug, quilt, and drawers produced in Court, were found by witness at a tent and claimed by defendant. The tent belonged to another man; defendant was stopping there with him. Various other articles were also found there. Defendant said they were all his property. The rug, quilt and drawers produced were identified by prosecutors, as their property. Remanded till to-morrow. Slippery Charge — James Hackett was charged with stealing a cask of butter, value £6, the property of James Durrack. Mr Harvey appeared for the defendant. This case was adjourned from last week. Sergeant Jam^s Purcell repeated the evidence already given, as to finding some butter in a billy buried about six inches down in the corner of the tent. James Durrack deposedthat he was a storekeeper, residing in Dee-street. Employed defendant to build a chimney on 1 1 th May. A cask of butter was on the premises on the 9th inst., being used as a prop for scaffolding, by two carpenters -who were also building at the time. Defendant assisted them in raising the scaffold. Saw cask last, at 6 p.m., 9th inst. ; did not miss it till 11 a.m., llth inst. Could not identify the butter. Robert John Smirn deposed that he was a carpenter, employed by prosecutor about 9th instant, building a house. Used a cask of butter, by prosecutor's permission, as a support to some scaffolding. Defendant assisted to raise it, and suggested that a plank should be laid on the cask in question, before putting another cask upon it. Did not know what was in this cask ; it looked like a butter cask. The cask was missing on the llth inst.; never heard the defendant say anything about it. This being all the evidence that could be produced, the Court at once dismissed the case. On the application of Sergeant Chapman, the case of William Isnor was further remanded for two days. CIVIL CASE. Gracie v. Jamieson - Action for non-de-livery of one keg of nails, one plank, and four sheets of galvanised iron, estimated at £4 6s. Mr South appeared for defendant. S. Gracie deposed that he produced the bill of lading of certain goods shipped on board the Pilot, ('Captain Jamieson, master), at Melbourne, to be deliveied at the Jetty Wharf, Invercargill. Had received all the rest of the goods except those above mentioned. Had demanded them of defendant on several occasions, but could not obtain them. In defence, Alexander J amiesondeposed that all the goods mentioned in the bill of kding produced, had been delivered at the wharf, except some timber which had been rafted to the back. By the Court— Had given no notice to the consignees of the delivery of the goods; did not think it usual at this port. John Catto, mate of the Pilot, produced the cargo book to prove delivery of the goods at the wharf, except 11 6-feet planks ; also, further deposed that plaintiff had often been to the ship, and inquired when the goods would be delivered ? Witness replied that they would be delivered on the wharf as soon as the cargo permitted. The planks in question, which witness remembered well as the only ones of the sort on board, were floated to the beach, all the other goods were delivered on the wharf. Mr South contended that defendant had done all that the bad weather, and the Jetty regulations, and other circumstances permitted. The Court gave judgment for plaintiff as respects the timber, and awarded damages of 9s. with costs, 15s. Wednesday, 20th May. Drunkenness. — Michael M'Laren, charged with being drunk in Dee-street on the 19th inst. Fined ss. Martin, charged with being drunk in Tay-street on the 19th inst. Defendant had been admitted to bail in £2. Not appearing when called on the bail was forfeited. Larceny. — Peter Dempsey, remanded yesterday, was brought up ior the decision of the Court. The depositions taken by the clerk were read by him and signed by the witnesses. Defendant had nothing to say in defence. Committed for trial at the next criminal sessions, to be held at Invercargill in July next. Embezzlement. — William Isnor, charged with embezzling L 52 17s, the property of Edwin Legge, about the 27th April. Edwin Legge deposed that he is in partnership with j Taylor Smith, as carriers in Southland. Employed defendant as bullock driver about 27th April, to take goods to Mr Skein's store at Kingston, Lake Wakatip Was to have met him there and received the money, but was deterred by the weather. On going up, plaintiff met defendant near the Lake. He was looking for the bullocks. Plaintiff asked him for the money. Defendant admitted having received it from Mr Skein, but refused to produce it or to go back with plaintiff to Kingstown. At first defendant said he had left the money at Mr Joyce's, but afterwards sat down on the ground, and said he had made a fool of himself and spent the money. Plaintiff afterwards recovered LlO from Mrs J M'Laren, who said defendant had left it in her charge ; also Ll from defendant himself, who threw it down in his purse. The whole amount should have been L 52 17. By Defendant : I never authorised you to receive the money. Gave you L 2 for your own expenses when you started. By the Court .- Defendant was hired by me as a bullock driver at L 5 per week ; left my employment without any notice, Inspector Weldon applied for a remand, to produce further evidence from the Lake, Civil Case. Sands V. Power.— -Mr Macdonald appeared for the plaintiff. Mr Harvey for the defendant raised a preliminary objection to the jurisdiction of the Court, being instructed to say that the whole case occurred in the Otago province. Mr McDonald asserted that it occurred at Invercargill, and referred to the Resident Magistrate's Ordinance to prove that their jurisdiction extended to the whole province of Southland. His Worship ruled that whatever might be the cause of action, if it arose here, it came under his jurisdiction, and this Court had the right to summons parties to attend. Through non-appearance of plaintiff, this case was dismissed, with costs 18s. Thursday, 20th May. Drunkenness. — Owen Evans was charged with being drunk in Tay-street on '20th inst. Fined 10s. Sabbath Trading. — R. G. Hoskins was charged by Sergeant Purcell with having his licensed house open for the sale of spirituous liquors, at 9.40 p.m., on Sunday, 17th inst. Fined 40s, with costs 5s 6d. Civil Cases. Paterson v. Mcßobie. — For recovery of Ll7 on a dishonored cheque. Mr South for the plaintiff, Mr Russell for the defendant. Plea, not indebted. John Paterson deposed that he was a carter at InvercargiU. Defendant agreed to exchange his mare, with Ll7, for a horse belonging to plaintiff. On pie-

senting the cheque signed by defeaj •Ll 7; at- thfe Bank next morning, wa^ the payment thereof had tieeri stopr* MrEu3sell:? I said thie horse wpuldu wasv staunch; :Jhi ; the?evehing defc mantbrp.ught back the horse; '"andi^ get the' mare returned, which I By the Court : I did, not warraiit^ Defendant said he would give Xls him, and ultimately concluded the b a Ll7 with his mare, in exchange for J which he drove off with the breJ Judgment for plaintiff for full ahiota with costs, li24s, ,y Mcßobie v. Paterson : Cross actfjJ summons having been served on pljrj that morning, and requiringforty-«R to run, this case was adjourned tj&j row, 22nd inst: :.':'■ Yj: Abraham v. Bendali— Action for lj Mr South for defeudant. Plaintiff \ that the wages were due to him as* board the Three Sisters. , Had serve, 4th February to 14th May, only jS L 2 15s 'from Captaiu Bendell.- At fi no distinct agreement ai ib wages wards agreed to take half: seaman's*^ L 3 per month. Applied to defendant times for money to buy ■ cfothes, but get no more than 15s on one occasion,' on another. Was discharged on Thn Hth May. By Mr South: First ICa board and asked for work. Defendant me if I could cook. No particular were agreed upon till arriving at Inven six or seven weeks ago. Sometimes he fault with me, for being too late,' or no perly cooking, but never told me I cou cook. In defence Mr South called yj Bendali, who deposed that he employed tiff on February 4th, at Dunedin, & charging cargo. Next morning founj hanging about the vessel, withom ployment. Allowed him to i by sufferance and out of charity made no agreement as to wages, hai full complement of men on board ; di want his services, but he reriiained ai sisted at various jobs. Then he acl cook, and witness agreed to give him 3{ week. He was indolent and saucey, a creating a disturbance, and perfectly v to witness. By the Court—lt is not us keep men on board for three moati ten days, from 4th February to 14th "-without paying them wages, and thei miss them saying they are of no use, witness thought this an act of chati plaintiff seemed to be without any me subsistence. Judgment for plaintiff, costs, Bs. Kelly v. Birch— £4 2s 6d. for woii formed. Patrick Kelly deposed th 20th April, he and his "mate John Bo made a verbal agreement with defends tussock some ground at the rate of 3( acre. When they had done all the pointed out them to do, which was ab; acres, plaintiff applied to defendant foi ment. Defendant refused to pay thei less they also raked together the gras. burnt it. but which had not been men in the verbal agreement. John Bowlin| firmed this evidence. Defendant de that the agreement was to clear the gt and no price was named. Judgnei plaintiff with costs, 4s. Gracie v. Jamieson — No appearance. The Court adjourned.