RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume III, Issue 37, 1 February 1864, Page 6

RESIDENT MAGISTRATE'S COURT.

FJUTM"Y, J.VNTJA7IY 29th. 1564. (Before M. Price, Esq., KM.) Stealing. — William Zealey, a man about sixty years of age, was charged- with stealing a. silver -watch and a revolver. Mrs. Mildred Kobinsun, the proseeulrix, a widow, living in Lovon- stre^, stilted that on the previous morning, bolweenmiio and lon o'clock, Hie prisoner, who was vory drunk, came to her house and misconducted him self. She told lihn to go out. Ho went outside and lay down amongst the flax, near tho door. She had occasion to go out, and loft the door locked. On returning some timfc afterwards, she found the door had been burst open, and on looking inside site discovered the. place had been robbed of a silver watch and a revolver, both of which she had left haugingover.thc mantel shelf. Having given informal ion io the police, thepri.sonerwas arrested. [Sergeant Dow slated that after receiving hi fovnv.it ion from the pvoseeutvix, he found Iho prisoner lying asleep amongst the flax some little distance in the rear of the house. On searching him Ijo found the watch and revolver, produced, in his coal pocket. The ■watch was very much broken. Tho prisoner in his defence said he was so drunk he did not recollect- anything about; the matter. The Bench committed him for trial. Civil Cases. M'CLi'MONX v Von Hammku. — An action for ejectment. Mr Harvey appeared for the plaintiff, Mr. Button for the defendant, Tho house from Avhieh the plaintiff sought to eject tho defendant, was the Rose of Denmark Hotel, of which tho defendant, according to the plaintiiV's evidence, was only manager. The evidence of the plaintiff did not substantiate his right to eject, and the Bench dismissed the case. Ct..vkkk v Pr.vhpox — Mr Weston appeared for the plninl iif ; Mr Harvey for the defendant. This was an action brought, by the plaintiff in liis capacity ot' Chairman of the Town Board, to recover from the defendant tho amount of assessment on two sections, 4 and 18, in block 111., for the years 18G2-G3. The case whs only preliminarily gone into, so far as the proof by the Clerk of the Board, of the assessment fixed by the Board, and the serving on the defendant of the usual notice, when tin* solicitor for the plaintiii" applied for an adjournment, of the ease, in order to bring forward a necessary witness. Mr Harvey's objection to any postponement, on ihe ground that the plaintiff ought to have been prepared with his case before coming into Court, having been overruled by the Bench, tho case was adjourned to Monday week. The Court then adjourned. Ott v KimiKitTOKD. — Claim for .€5 3s for goods sold. Verdict by default. Fitzgkk.^u v M'Vaxe. — Claim for £5 ]s 6d, for wn-ws alleged to be due duo io plaintiff's son. Defendant had paid ;£2 5s into Court as the .amount he admitted to be due ; the balance being (ho difference in consequence of the defendant refusing to pay the boy's board and lodging, and an jimount for insuilieieut notice. The evidence given (of little interest) enabled the Bench to give a verdict for £3 (15s additional to the amount paid into Court), and costs of summons. B.\nu> v ICiNOJSWALii — ,C 3 for wages. Defendar.t had paid into Court. £1, as the amount lie considered due. in consequence of his linding the plaintiff incapable of performing the work lie 'had agreed to do in his felhnongcring establishment. The Bench gave a- verdict for ,Cl and costs, in addition to the amount paid into Court. Satpkday, Jaxuaky 30. Tin-: AVk;>.\c! Mt-n.— Cr. .Ellis and — Melvor, who had been arrested on suspicion of stealing a cheque, were discharged, as it was found they were the wrong men. Tub Recktst cask ov Gakrottino tx Tay-stkeet. «Tohn Murphy and John ifUmnigan, alias (veorge Wilson, alias Dan Connor, were brought up (the first-named on remand from Monday), charged with robbery with violence on Louis Berrie.k, watchmaker and jeweller, in Tay -street, on Saturday night, the 23rd just. The evidence against "iho> pvisouer Murphy, it will be recollected, was fully taken on Monday, when he was remanded to enable i lie police to arrest tho second man, who was alleged to have been concerned with him in the attack on the prosecutor. The prisoner.-*, who were undefended, requested the witnesses in the case to leave the Court, and throughout conducted a. crossexamination of the witnesses with considerable tact and coolness. The evidence of the prosecutor — taken on the hearing of the* ease on Monday— having been read over to him and again sworn to, he supplemented it with testimony to the following effect. He was called into the lock-up on "Friday afternoon by Detective Thomson, and from amongst eight or nine other men he identified the prisoner Flannigau as the second man who stuck him up on Saturday nigh*. The eross-exawinatiou of the prisoner Maniiigau failed to shake the prosecutor's evidence of his identity. He swore positively that he was along with the prit-oncr Murphy when they attacked him. Mr. Garthwaite gave evidence to tho following effect : — On the Saturday night referred to he was in his own house situated on the other side of Tay-street, opposite Clarke-' s-lane, when lie heard the cries for the police. On coming out he saw ;\ man whom he recognised as the prisoner Flanniga-i % ., running quickly and without, liis hat, past his door. In bis hurry to got through the i'euco to the vtiennr section behind the house, lie stumbled and put his foot into a watLV-tanl; ; wiiness went up to him and asking what was the matter, the man replied, "there he goes-" and immediately ran across the section a? if in pursuit of some one. Witness was brought into the lock-up on Friday. nftemoon, and immediately recognised and identified Flannigau, both by Ms voice and appearance, as the man whom he had scon running away on Saturday night. He had no doubt- about the man, but was positive he was tlie same. The ostler from Ce.rey and Grilles' saleyard was called, and proved that he had frequently employed both prisoners to do work ; '; they were in company at those time?. On the day of tho robbery he had employed them . Detective Thomson stated that accompanied by Detective Forrester, he left town early on Friday morning, in search of tho second mj:; | supposed fo be concerned in the robbery.. 31c proceeded some distance up the railway line between here and "Wintou Bush, scrutinising the dijl'or^nt gangs of men at work on tho line. On arriyir.g at the cutting at the MakereTvs, Bush, "ho saw the prisoner Flanni- | gaii at work, along with about twenty other men. He went upto him, and told him what lie wanted him for. when the prisoner denied ! that his name w;v- Flaimig2.ii, or that he had anything to do witli the roebsry. Witness t-ooli prisoner to the to:if ho said was' his. when lie put on a monkey jaekc-t — the same he lia:l on in the clock — which witness at once recognised as tlie dress prisoner wore when he was iv Invercargili, and when he had been seen in tlia otiior prisoner's company. ] This being the evidence for the prosecution, i the prisoner?, -i:i answer to the usv.ai caution, j declining to milic any statement', v.-ere fully ] committed fbr trial nt- rh? next Civ-rait Court. Stabbing-. — A man named SLisplierson, "wlio wa? charged witli stabbing Mr. Morri- j son, at Benmore. on Wednesday msht last (the particulars of winch were reporcedin th-3 Times of Friday, was, on the application of Mr. Commissioner Weldon, remanded to Friday nezt. Tr£si Yorß Lajip.?. — Captain Jarvey, of the steamer Titania, was summoned by Captain Greig, ihs Harbor Master, for committing a oreaeh of the Harbor Regulations in not having alight hoisted aboard his vessel, in the Xew Hive?, from sunset to sunrise. Mr. Maedonald appeared for the complainant, Mr, Button, t?Ho appeared for the-, defendant.

pleaded guilty to the complaint, but trisbecl to bring evidence to show that, although the light had not been actually aboard the vessel immediately after sunset, yet there was sulHeient daylight at the time to prevent any danger or accident, especially as the vessel was not under weigh at tho time. The Bench agreed to hear the evidence on both sides. Mr Head, the .Assistant Harbor Master proved that when the Titauia came to her moorings iv the river on Thursday night:, she had not (.lie proper light hoisted, according to the -Harbor Regulations. It, was after sunset at the time. Mr Button called Mr. Hughes, tho inalo of tlu> Titunin, who stated that when the vessel came abreast of tho Jetty, although it was a little after suus.c.t, there was .plenty of light. The vessel was two hundred yards from the .Tetty, yet there was plenty of light for him to see tho people there, and no danger i'rom the want- of light. They had tho masthead light hoisied. The magistral c decided that the defendant hud not complied with the Harbor [Regulations, and referring to to the frequent occurrence of serious accidents by steam-boats not carrying the proper lights when under weigh, (the defendant, remarked tltat. the vessel was not- umtei- weigh «t. tho time), said he was determined to compel compliance with tho Regulations. Ho should therefore indict the. full penalty of £10. The fine wus immediately paid. The Court then adjourned.