RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 72, 14 November 1864, Page 3

RESIDENT MAGISTRATE'S COURT.

KtIDAY, lITH, NqVEMBEB, 1864. (Before H. M'Culloch, Esq., H.M.) George Brown, -for breaking- a pane o£ glass in the shop window of Messrs. Ekensteen and Hall, Dee-street, was fined in the sum of 35s. — the value of the 'pane— together with costs, with the alternative of seven days imprisonment. ■ Assiin-T. — M. Cullis, for an assault committed upon Thomas Perkins, was bound over to keep the peace for six months. Civil Cases. CIiAEEJE V. BEKNDT. Claim for £1 16s. Bd., for goods sold and delivered. Verdict for plaintiff, with costs. BEEITDT Y. CIAEKE. Claim for £23 2s. for medical attendance. Mr. Macdonald appeared for the defenca. Plaintiff in person. The plea for the defence was " not indebted." It was likewise pleaded that plaintiff had not been employed ; that the charges were enormous ; and that the plaintiff was not a duly qualified medical practitioner. Dr. Berndt, the plaintiff, deposed that he had paid twenty- two visits to defendant. "Was consulted on Sept. 6. Defendant told witness he was being attended by Dr. Young, but wished him called in as well. Witness accordingly prescribed for defendant, and charged at the rate of one guinea a visit. He also acted as a consulting physician, and charged as such. Was duly gazetted as a doctor of medicine both in Victoria and in New Zealand. The charges made were fair and reasonable. Cross-examined. — Was not the usual medical attendant of defendant. Defendant asked him to examine him. Witness entered the room. Defendant was there. ; Did not know who sent for him. The errand boy of defendant came for him between the 6th and 10th Sept, Was requested to visit him. He was very ill indeed, and Dr. Young awaited his coming for a consultation. Witness at once went to defendant. Could not say if he had a consultation with Dr. Young on that day. Had frequent consultations with him, both personally and by letter. Had consultation on the Bth, and also after that, but could not tell dates. Could not say how many prescriptions were written for defendant. Did not consider a guinea a visit extravagant. Mr. Atkinson was the next witness called, but a medical certificate was handed to the Bench stating his inability to attend. Plaintiff said Mr. Atkinson was a material witness on his behalf. Counsel for the defence now submitted that plaintiff must be non-suited, as he had no locus standiva. the court, the Act providing that in order to qualify here a person must either be a the College of Physicians or Surgeons, &c, or a graduate in medicine at ! a ' university in Great Britain, or Ireland. Plbintiff, however, based his qualification on his being passed by the Melbourne University. That University was not in existence, when the Act was passed, and he contended therefore that such qualification was insufficient, inasmuch as it : did not come within the meaning of the Act. This he submitted was the law on the point, whatever may foe his opinion of that law. : : The Magistrate decided' to hear the whole case before giving judgment, and accordingly postponed "the farther hearing of it till Monday, (this day.) EOHjSTEB V. liA JFARG-T7E. Claim of £9 155., for medical attendance. Verdict for amount, with costs. ■ The Court then rose. ...... 12TH NOYEMBEE, 1864. (Before H. M'Culloch, isq., H.M.) Thomas T?6xi for drunkenness, was fined 10s. jfor a second offence within the month. Aasxvun.— Mrs.MargaretMeldrum.-was charged, >fc the instance of one Margaret G-oodall, with asfaulting her on the 10th instant with her hands, by striking her in the face. i i- The proaecutrix said on the 10th of the month. •he swr accused's boy beating her- (G-QodaU'*)' child. Witness went to him and took him away. ' fey the hand, and said eho"T*6uld inform his' mother' " ;of his Qoridiictt. 5 His mother came put and : asked fcwhoW dared ihe ; touch a "bairn" of" hern in; that manner. called; a liar when she. ■ i»id »he had not struck the boy,- The accused came Up to witness, and an aUqrciitioa took place, "Ac- 1 eused ©retttuaHy ottfucl? 'her in the face with hoi? fteti : Witneia said accused had kerhaa'd ore? he? head, tha aeoond tixoo tip-ptriket. rWitatesa deposed to WQttßcd's employing the most offensive, epithets tote?.'' 1 ' ■■■''■'■* ■■■■■•■■"• - • - .-: j j - •■■■: Tw6 witnesses were' called "..to: substantiate the i -assault They saw; Goodallmth. hex; , feasft? up,, bulv although they had -»ot seoa. kejj< i uWifeqttio.'proseeutriirfthe "slag" on the face \?&i £h9 aooAißed daposSd that she eeytoialy ■ had Used Jvsjrfiete' ftgnuisk- p*ose<mtris> ;bu& eho only ■ id bo on praTfQCftU9ii,-»tt\o psoßseutris h&Tiug f\M e&m^encsdlho neighbourly brawl by aU'lkiug ftir boy ( - .• - Vtw Oourb"d3?deirtfd- tUa ftacttwd to ottttr im ho? ewa wcogoiaanco to Jieep the peace -fes? cix ; iwmtho fo~^s, and ene surety in a. . similar oum, trith the altarnativq of going to prison-fay throe ■ surathe. . . - , r .. ," . F)fom the poeuHw? pircumstancGß of ,thq family ' 6ftUc iwcusoU, the senteucs was afterwards moai> fltd to ft " cautiou, !> . --•' — - Oivii Cash, -- -- - -t ' ■ BaATRQK & cq, y» Kraugiii - • • eiwn^ fo? $1$ fw hir§ gf horn untl damage jlopQ to itj" I1 '' ' ! ' ■ * ' i

The defence was,?;" not; indebted " : : over and . above _the_Bum of SO?- paid., roto. Court, which jSum was the price agreed. upon for the hire of the ''animal."' '•■■'■■■•" ' \\:. : .j\~:.^ '-■'■/,. ' . ""' "' ¥roni evidence it appeared that tho : animal had got injured, when in a paddock at Riverton, from having leapeel' a fence, andin doing so had suffered a severe wound in the breast, a apiece" of paling being left' under the .arm. • ■ ' - ! ■ : - ; "■ The/parties gave evidence on ; the'question of 'the carewhicii had been used to prevent injury ;' von; hearing which, - • ;: ".;; ■ The Magistrate r .said it appeared ' plain to'Mmthat all ordinary prudence had been used by defendant, and he would therefore give judgment for amount paid into Court (£4. 45.) without costs'. ' Court then rose. ■' ; ' ' ; : '■''■'' - '. ':