RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 30, 9 August 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

Bathed ay, 6th Aug-itst, 1864. (Before IT. M'Culloch, Esq\, J.P.) Obsoexe Language. — JohnLevick wasbrougbJ up on a charge of using obscene language in the . public street, on the sth instant. Two witnesses gave evidence to the disgusting nature of the language used, which was so loudly uttered thai people on the opposite side of the street -conic easily hear it. The prisoner, in his defence, said he was under the influence of liquor at the time, and was. unconscious of having conducted himseli as alleged. The Magistrate thought there could be no palliation for. -such an offence as this, and iu Dieted a penalty of £5, with the alternative oi one-month's imprisonment with hard labor. Assault of a Constable. — John Crawford was charged with the offence of assaulting a constable while in the discharge of his duty early this morning. Constable M'Glono deposed that at a quarter past one o'clock this morning I was on duty at the Provincial • Hotel. When passing I heard loud words in the Hotel. I went in, and told Mr. Puettelkow to dear his house of tho quarrelsome parties. Mr. Puettelkow told me he was trying to get the prisoner out of the place. I ordered him Out, and he began lifting his hands against me, and struggled rtgainst being put out. By the prisoner. : I did riot strike you first. Mr. Puettelkow deposed to the row in his house, and to the disturbance caused by Crawford. Did not see the constable strike the accused. Jameß Coxon deposed to Crawford rather assisting to quell the disturbance than creating it. Crawford did not strike the constable. The Bench dismissed the case with a caution. It was evident that drink was the cause of the whole affair. Obstructing a Constable. — Stephen Coxon was brought up for the above offence this morning. The case arose out of the previous one, and the evidence brought to bear on the affair by the prosocuting and defending parties was so conflicting, that the Bench could not but dismiss the case. This being all the business before the Court, it was then adjourned till Monday, at eleven o'clock. Monday, 8th August, 1864. (Before H. M'Culloch, Esq., J.P., and N. Chalmers Esq., J.P.) Assault. — On the information of A. C. Bell, a sawyer on the Northern Tramway, Wm. Little was charged with assaulting him. The defendant pleaded "guilty, with provocation." A. C. Bell deposed that the accused had raised a quarrel about timber which they had been cutting, and also about a pair of compasses. Defendant swore he had his compasses, and would not give them up. The Bench thought that could not warrant him in assaulting Bell in the manner he had done — breaking a rib, &.C. — and fined Little in the penalty of £5. Breach of the Peace. — James Cochrane was informed against by the police for cruelly maltreating, his daughter in Dee-street, on the 6th inst. He had dragged her over the gratings, and threatened to take her life, beating her violently in presence of a crowd which begun to gather round them. The accused pleaded provocation. The Bench considered such a plea inadmissible, and fined him in the sum of 40s. Drunkenness. — Patrick Shepherd, for being drunk, was fined 5s. Breach of the Peace. — James Blair was informed against for having raised a disturbance in Dee-street, on the 7th inst. Fined 10s. Drunk and Disorderly. — George Turner, for above offence, was fined 20s. Drunkenness. — George Morgan, for this offence, was mulcted in the usual penalty of ss. Civil Cases. Worth ington v. Levy (M.). — Claim for £5 13s. 3d. No defence. Verdict for plaintiff with costs. DUNCAN V. rRATT. Claim for £10 9s. 2d. Mr." Harvey appeared for the defence, and pleaded " not indebted." The plaintiff stated that Mr. Pratt, came and took away the goods without leave. Jn crossexamination, he deposed that he became possessed of the goods referred to as in part payment of his wage3 from Greville and Whiting. Tho defendant's son deposed to Mr. Pratt's talcing the goods without leave. In cross-examination he stated he was present o;i the occasion, and suid he asked Mr. Pratt for a H?t of th? goods lie. was taking, and that he would hold him responsible for them. For the defence, Mr. Pratt deposed that ho was a partner of tho firm of Hare and Bull, and that they had, for the sum of £50, bought the plant of Greville and Whiting, used in their contract tit the New River Heads, and the goods in question were included in the purchase. Mr. Hare deposed to buying goods of Greville and Whiting, and that they were in the charge of dcf-u.lant. The Bench found that the defendant had made out a clear claim for the goods, and gave a verdict in his favor. WILSON V. HARRIS. Plaintiff in this action sued for £80 for wages and labor done. Defendant 13 host of the Plough Inn, on the Great North Road. Mr. S. M. South appeared for the plp.intiff, and Mr. Button for the defence. Mr. S. M. South applied for the defence made to be struck out, as the set-off put in was far beyond the jurisdiction of the Court, and could not be admitted or taken cognizance of. Mr. Button said the defendant put the set-off as in full against the claim made. He would reduce the claim to £100. John Wilson deposed to his being employed by defendant in Dunedin, at £1 a week, in December, 1862. He remained till next Christmas in his employment, at the Lakes, after which ho. was sent for to Invercargill, where ho remained till ISth of last month. He had only received £2 on account of wages, and it was sent to him by William, the bar-boy. He left in consequenco of being accused by defendant of the theft of a blanket, which took place about that time. He had afterwards went with a Mr. M'Kenzie for some things he had left, and he had been ordered off the premises by defendant, with a threat of personal chastisement. Defendant never supplied me with goods in February, 1863. The roan horse charged mo with, and charged at £10, was used by me in his service' and defendant sold him afterwards for £9. He never sold mo goods to the amount of £37 10s., nor did I buy of him a store and stock at Kingstown. The charge for twenty-nine weeks at 30s. for board and lodging was to be included in my wages. I was to have twenty ahillings a week and found. Up to the present moment I have not heard of these charges. Cross-examined. — Defendant agreed to pay me 20s. a week in Duuedin as long as I stayed in his service. I did not mention to you tho other night that I had no agreemcent. I said to you that I had no written agreement. You said to me, " Dodger, had you any written agreement with Harris?" After being cross-examined at some length, to the great amusement of tho Courfc, Mr. South called .. .. : Wm. Rogers, an adopted son of Mr. Harris, who did' not know of any agerement between Wilson and Harris. Thought Wilson only worked a little about the place for his " grub." I took the:£2 to him. My mother gave it to me, saying, " dive that tp Dodger." I did not say to him that it was part of his wages. Wilson brought iu a "'bit " of wood now and then, and a "bit" of sand, and did other little jobs. Very little wood did he cut, though ! ! Cross-examined. — "Dodger" was principally in the parlour drinking. He did not cook any at. all. Joanna Quinlan did the cooking of the houae. Donald M'Kenzie deposed to Wilson's asking a settlement from Harris, and that he had received someabuse from him. He saw William give him the £2, and that he suid he would have got more of his wages if he he had not been so saucy. i Thomas. Brown,, a, cordial maker, deposed to Wilsori's "selling' 'some flour at^ the Lakes for Mr. Harris. I believe he was employed by Harris, but don't know for certaiu. _ I ,;was packing flour for anpther party. --The roan horso belonged to Mr. Harris. I have seen Wilson at; the Plough Inn. I believed he was a servant there.

| Cross-examined. — Mr. Harris told me the flou: an 1 horse were his. Mr. Button opened the case for the defence an. l called t Mr. W. Harris, the defendant, who deposed.— b Wilson and I came over to Dunedin Tas s mania. When we arrived, Wilson said ho hat 3 not go i; a shilling. I engaged him in assisting ii t unloading my goods at the vessel. I paid hin 1 for what he did. When this was done I tol( 1 him I had no more work for him, but as I win , going to the Lakes. I told Imn he might go witl: f me. I gave him £5 in Dunedin. , He and hii 1 mate Blake were going to tho Lakes to dig foi I gold. When my carriage-, broke down at th< f Waipahie I asked Wilson to stay till I got tht necessary repairs. He remained there till I wenl I and took away the goods lie was left in charge of At the Lake I paid half of his board and lodging, i but he was not in my employment. I did nol , sell Wilson the horse, but let him have it, and tc return it when he was done with it. He was tc ' use it in packing the £40 of goods I sold him. He never brought me tho horse back. Some few i months ago I went to Queenstown, and found the i horae in a poor condition. I sold it for £0 or £10. I credit him with £10. When tho rush to the Nokomai took place, Wilson went off with goods to the amount of £75. I nover got any account of them. I sold him the store, &c. at' Kingston, for £55. I paid £105 for it. When I sold it, it was wrecked and shattered to pieces, and I only got £15 for it. Tins was after Wilson came down to Invercargill. He never did any work for me. He sometimes lent a hand to cut wood. He was not employed as a servant in anv way, and it was not likely I should keep him and board him for nothing. I never knew anything about the £2. I should not have given him twopence after his conduct to me. Cross-examined. — I never made any agreement whatever in Dunedin with Wilson. I have not said anything 'to him about the set-off of £191 63. till now, because I knew very well I should not get it from him. I got a license in Wilson's name to cut wood, because I wanted some. Johanna Quinlan deposed to Wilson's asking Mrs. Harris to go and get a few pounds to take him home. Mrs. Harris said she never interfered in such matters. He never cooked. I did the cooking. By the Court. — Wilson never spoke of wages to Mrs. Harris when he asked for money. Tliomas Perkins, manager for Mr. Button, brewer, deposed — I have known Wilson for three or four years. I never saw him at work. Ho was always in the bar, drinking or loitering about, when I saw him. I don't know of any agreement as to wages. Mr. Button now addressed the Court for the defence, and Mr. S. M. South followed in reply. The Court found a verdict for the defendant with costs. There could be no doubt that Wilson was actually in the employment of Harris for 20a. a week and his keep, but it was as clearly proved that the set-off was of a much larger amount than the claim of plaintiff. A verdict for defendant, with costs, was then awarded. After disposing of one or two other unimportant cases, the Court adjourned.