RESIDENT MAGISTRATE'S COURT.
(Before M. Price, Esq., R. M., and Justin Aylmer, Esq., J.P.) Monday, 27tii July. Ixebeiates. — Thomas Perkins and Charles Wilson, were upon the information of Constables ! Fisher and M'Le&n, charged with heing drunk and disorderly. Fined ss. ench. Slaugutkking without Lickxse. — Gnorge Cockcroft, charge I upon the information of C'onstuble Butler with slaughtering a bullock without boinir duly licensed, was fined £5 and 7s, Od. costs. Selling Ukwhwlesomb Meat. — Tho defendant in tho last action was charged with th's offence. Caso dismissed. Exposing fok S^lk Untuolsomb Meat. — Charles Collett was charged with bavin? committed this offence on the 23rd instant. The rasp was dismissed, the Bench being of opinion lint there was not sullicieut evidence to support the case. Mr Weldon stated that* so far as the Crown was concerned, the offence could not bo brought j more home. Assault. — Duncan MCrae. was for this offence i fined 20s and 7s Cd costs. Tue ovideneo of the prosecutor, apparently a foreigner — was delivered with so greut a volubility of broken English as to be unintelligible to the reporters. j Civir Case 3. Swan v. Spencer. — Plea, not indebted. Mr . Harvey for the plaintiff, Mr South for the defen- ] dant. By Mr Hugh Swan, Butcher, i Campbelltown, said that on the 4th Juno last, he (plaintiff) and the defendant were in an hotel together, when they hud somo conversation as to the salo and purehnse of cattle. In the evening de--fendant went to look after a herd of cattle- Plain tiff bad a cow running with defendant's herd — it was a red and white spotted cow. Saw his cow that evening, (the- 4th) nt the back of Hughes's hotel, along with defendant's cattle. Nest day he went to look for his cow but. could not find her. On the Saturday after ho told defendant that he had carried ofF his cow. Defendant then said that he could not orevent her going with the rest ; but that he would look for her, • iv would say nothing about making her loss good, till he saw if he could find ber. Plaintiff then told defendant that he would givo him four days to find her. At the expiry of this terra ho askeel bim to make recompense for the cow, which was stiH not to be found ; and even offered a reward for her discovery. To this day the cow had not turned up. He valued her at *-20 and aamages, which included pergonal expenses, in tho way of visits to profes>ional adviser, Ab., £5. The Bench at once declined to entertain tho damages. Cross-examined by Mr South: Tho defendant j admitted that ho had driven the cow away ; this was on Monday ; he distinctly said he wou'd make recompense if the cow were not found ; I swear those were his words; no sum, however, was named ; I swear that I do not know where the cow now is; there were more thun the defendant's cattle and my own runn ; -ig together ; I never saw Spencer driving my cow ; the defendant did not that she was a wild cow ; he said that be had driven olFmy cow on the sth June, but hod subsequently, three milo away, cut her out in order to drivo her back. By the Bench : Thero were a good many more cattle besides mine running together. By Mr Harvey : Captain R. W. Hall, said that on the 6th or 7th Juue, he could not say the precise dale, he was present at a conversation between phrnliff pnd defendant, as to acov. which he understood the pln'ni'Thad lost; ho heard plaintiff say that he had lost a cow and that Spencer had driven her away. He also heard him offer a reward for the finding; £2 and then £5; did not hear Spencer admit his liability. By Mr Harvey : John Sinclair said that he knew the cow — ihe subject of the action ; it was red and white spotted ;. had sold that cow to the plaiutiff ; it was partly broken in: Mr South : Do you know if this cow was accustomed to wandering — not intellectually, but corporeally? (Laughter.) Winess could not really say, but he would not call her n tame cow . By Mr Harvey : Richard Brooke snid he knew the cow — the subject of tho action ; ho had on the Sth June cut her out of the herd and driven her off the beach to where cattle generally run. By Mr South .-"Drove her in the dircctionjjof the Bluff; all the Bluff cattle run unrestricted by any enclosure. This was all the evidence led and the case was non-suitod. Pluintiff to pay £3 lis. costs. Wilson and Co. v. Jack. — No appearance ; case dismissed. Maltbew v. O'Brien. — Claim for wages. Verdict for £1 lb's. and costs. T. W. Stilling v. Edgar. — This was a case in which tho plaintiff claimed for value of goods delivered, ann the defndant alleged a set off, leav'ig only a balance of 4s. The plaintiff alleged t iat part of the Bet off," two bottles of hair dye, wfs worth only 10s. while tho defendant said that their value was £2 10s. and would have beon £3 if tho plaintiff hail carried out his original intention of bayine: his hair dyed by tlie defendant, who was a hairdresser; the giods sold and delivered to the defendant wore 130 head dresses, for .L.l 10s., and a set of studs for 17s. Cd. Verdict for tho pl.ii»tilT<.r ii s . The Court adjourned at 1.33 p.m
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Southland Times, Volume 2, Issue 76, 28 July 1863, Page 3
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920RESIDENT MAGISTRATE'S COURT. Southland Times, Volume 2, Issue 76, 28 July 1863, Page 3
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