RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume III, Issue 34, 25 January 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

Saturday, 23rd January, 1564 (Before M. Price, Esq., R.M.) Drunkenness. — Four persons were fined ' for being incapable of taking care of themselves in the streets. . Assaulting a Constable tm the Exrcwtion or His Duty. — William Haggaity nni [ Patrick Ryan were charged with the above--named otlence. Eroai the statement of the 1 constable, it appeared that on. the previous * night he was in the North Road, taking a drunken man to the lock-up, when the two prisoners -interfered witb him. -One of them, Ryan, caiight hold of him and tripned hia, up, and while sending with him and Hag- < garty, the man whom he had in custody made his escape. He eventually secured the two men untij^an other constable came up and assisted him fbvtake them to die lock-up. The prisoneis pleaded drunkenness as an excuse, which, however, the Magistrate would not accept, as he said he was determined to protect the police in the execution cf their duty. He sentenced Evan, as he ■t _WrP e> -^A t0 * ,av . e ljoeU t i e worst of l be two, I K> thre^ve'ek's imprisonment, and the other ('■ « an t0 twa week's imprisonment, both with ■iard labor. ™ A Groundless Charge. — David Smith was charged by iMr Connell, the landlord of the Commercihl liotel, Tay-street, with conducting himself so as so provoke a breach of the peace The complainant stated that a { man named Grant (who had been fined for being drunk) came to his house on the previous night after hours, and because he would not let him in, he buist iv the door. He was taking Gnmt to the lock-up. and when in Tay-street, the prisoner Smith came uo to him and tried to prevent him. Smith said "they wanted some of the Dunedin buys over here to teach them civilisation," and added that if ie were him, he would show hiui something, and otherwise conducted himself very violently. Alter he had handed Grant over to the charge of the police, he returned -with a constable and gave Smith into custody. The prisoner, who denied the charge, calh-d a witness named George Scott, wuo gave a totally different version of ilie occurrence. He stated that he was ia company with the prisoner, liis mate, in Taystreet, on the previous night, when they saw the prosecutor beating ard ill-using a man (Grant). Prosecutor knocked him down in the road three times, when .Smith remonstrated with him, and told him not to abuse a drunken man in that way, and said that he wouldn't beat him (Smith; in that manner, Some shoit thnenfierwardsthey were standing i in the yard of the VktorU Horse Bazaar, when the pros-cutor came up and chat enged Smith to come out and fight, with the exH pressi.m that if he wanted anything, he (Connell) was " his Moses." Smith declined to tight, and said he only did not want to >cc a drunken man ill used. Connell then went away, and returning with a constable gave Smith into custody. To rebut that evidence, th-* prosecutor said he would call the consta hie who took Smith into custody; but the • kuter only heaid Mr Connell say ihat Smiih had tried to prevent him taking Grant to the lot-k-up. The Magistrate said, under the t-'ircumstances ofthe case he should discharge tie prisoner. Stealing Watches. — An elderly man Mmcd Thomas Murphy (who had been re ffianded from the previous day) was brouglu tip, eha-ged with stealing three silver watehe.from Thomas Griffin. The prosecutor, an unsophisticated looking hishman, 'made "his' evidence intelligible to the following effect .—Prisoner and he had Wn stone breaking for "Mr Greville, near the Jetty, and on Thursday last, having received between thirty and forty pounds . for their work, prisoner, 7 who had just previously invested the major portion of his m oney in the, purchase of a number of watches, for re-sale up the country, induced ■"mi to do the. same. After the purchase, they adjourned to the Newmarket Hotel, and having plenty' of time on their hands — as well as a good stock of profitable watches in their pockets— they indulged in drinking for some hours. Eventually they got fighting, and the prosecutor threw off his coat somewhere in the road, containing in the pocket three watches. The quarrel being interrupted by a constable, the prosecutor ran off, leaving his coat behind him. The prisoner was seen' to take up the coat, and on being asked for it afterwards, he at first denied that he had the three watches, but on being taxed with having them subsequently by Sir Connell, of the Commercial Hotel, he admitted he had them- along with his own, and accompanying Mr Connell to another Place, the prosecutor's watches were found in the same parcel.' The prisoner defended himself from the ...charge of theft by stating that, he only took the watches as the pro«eci|C was in liquor (which was shown by the ev.\jprse), and that he was taking care of . them for the prosecutor, who Avas going up the eonntry with him as his mate; The Resident Magistrate said that if, it had not heen for the prisoner at first denying he had taken ihe watches, which! afterwards turned out to be a false statement, he would liaye "'smiled the case, Under the circumstances, however, he would commit the prisoner for .nal. ".'". '■