RESIDENT MAGISTRATES' COURT.

Southland Times, Volume III, Issue 216, 14 February 1866, Page 3

RESIDENT MAGISTRATES' COURT.

(Before J . 11. M'Culloch, Esq.) Thursday, Bth February, 1866. CrvTL Case. DALGETY, RATTRAY AMD CO. T. BELL. This was an action to recover the sum of £100 damages by salt water, to a consignment of flour, sugar, &c, shipped at Melbourne on board the Bebecca, and damaged on the voyage, as stated in the plaintiffs' declaration, through the fault of the said ship, her master, and crew. Mr. Harvey appeared for plaintiffs. Mr. Macdonald for defendant. The particulars of the case as disclosed by the evidence adduced on behalf of the plaintiffs, are shortly as follows . On the arrival of the Rebecca and partial delivery of the goods consigned to plaintiffs, they were found to be in such a damaged condition that plaintiffs called in surveyors, both of the cargo and ship. The report of the surveyors of the cargo was to the effect that the greater portion was considerably damaged by sea water, and was consequently much deteriorated. The report of Captains G-reig and Callow, who surveyed the vessel on behalf of the consignees, proved that the deck of the vessel was very open and rotten, and was qovered with a thick coating of tar and pitch. The blade of a sheath knife was put through a plank with ease. On receiving these reports the plaintiffs applied to the defendant, the master of the Rebecca, for the amount of damage which had been ascertained by sale of the damaged portion of the cargo. The defendant, however, refusedto satisfy the claim, but offered £110 as compensation to all the consignees, which they declined, hence the present action. Frederick H. Moore, the manager at Invercargill for the plaintiffs, having given evidence as to the loss sustained on the goods by reason of the damage, the gentlemen who had surveyed the vessel and cargo were examined at length and with reference to the vessel. Captains Callow and Greig stated that she was not fit to carry dry goods, and could not have been so when she left Melbourne, nor for two years before that. At the close of plaintiff's case, Mr. Macdonald stated that he was instructed by the master that the damage arose from tempestuous weather during the voyage, entries of which would be found in the log book, but as the master was not present to give evidence, Jit would be needless to address the Court. Judgment for plaintiff, with costs.

Feiday, 9th Eebruaey.

Sarah Cockran, her two daughters, Margaret and Sarah, and three men, were brought up by the police under the Vagrant Ordinance, the woman and her daughters being charged with occupying a house frequented by persons having no visible lawful means of support, and the men with being on the premises and refusing to give an account of themselves, The evidence of Sergeant O'Keefe, who was attracted to the house by loud screams on the previous evening, disclosed th« usual amount of depravity and crime for which this house has become notorious, and the Eesident Magistrate said that as the caution he had already given the elder female prisoner seemed to bave had no effect, and he would now deal severely with them. The mother, Sarah Cochran, was sentenced to three months, Margaret Cochran to two months, and Sarah Cochran, the younger, to sis weeks im«

prisonment with hard labor. The men were discharged. Mary Stewart charged with a similar offence, and three men found in her house, were discharged with a caution. Catherine Stacey and Annie Malone, charged as vagrants, were sentenced— the former to seven days, and the latter to fourteen days' imprisonment with hard labor. Thomas "Wiltshire, a boy of fifteen years of age, was charged as a vagrant, and was stated by the police to be the constant associate of the above-mentioned worthies. He was reprimanded and discharged, having promised to go into the country and search for work. Civil Cases. Hare, Pratt & Co. v Bell — Damages, £12 14s. Morison, Law & Co. v Bell — Damages. £82 16s 4d. Morison, Law & Co. v Bell — Damages, £74 14s 6d. Ekensteen & Hall v Bell — Damages, £27 18s 4d. Spence Brothers & Co. v Bell — Damages, £45 15s lOd. The whole of these cases against the master of the Rebecca for damages to goods on board that vessel were of a similar nature to the one heard the previous day, and reported above. The several plaintiffs having given evidence of the loss sustained, judgment was given in each case for the amount claimed, with costs. Saturday, 10th Febetjaey. J. S. Johnston was fined 10s, or 24 hours' imprisonment for drunkenness. Monday, 12th Febbijaey. Lester Lambert was fined 20s, or 48 hours' imprisonment for drunkenness. Thomas Robinson, on bail, on a similar charge, not appearing when called, the bail was forfeited. Richard Manning, a seaman, was sentenced to 14 days' imprisonment for insubordination on board the Rebecca. * Civil Cases, eeid v. moeison,- law & co. Claim for wages £30. 2s. 6d. This case arose out of a dispute as to the responsibility of defendants owing to a change in the ownership of a Sheep Station, the plaintiff having remained on the Station without any definite understanding with the new proprietor. The evidence was very conflicting, and judgment was given for plaintiff £10 16s, the amount admitted by defendant, and paid into Court, without costs. EUSSELL V. MOEISO3T, LAW &. CO. This was a similar action to the above for £24 Is, in which judgment was given for £5 18s. 6d. paid into Court, without costs. MITCHELL T. DAYIES. Rent, £62 10s. Adjourned to 19th February.

Tuesday, 13th Eebruaey. Lawrence M'Kenzie was fined 10s. or 24 hours' imprisonment for drunkenness. James Marshall appeared to answer a summons issued against him on the information of his wife, forbrutallybeating her and cutting her face, and threatening to murder her. The complainant having given evidence in support of the charge, the defendant was ordered to find two sureties in £5 each, and himself in £10, to keep the peace for six months. The bail not being forthcoming, the defendant was committed to gaol. Eobert Gray was charged with stealing a locket and chain and various other articles from Ann O'Connor, described by the police as a prostitute. The prisoner stated he did not deny the fact of nis taking the articles, but that he took them without any felonious intent. Sergeant O'Keefe gave evidence that he arrested the prisoner and found the stolen property upon him, when prisoner said prosecutrix had fleeced him the night before, and so he had fleeced her. Sentenced to one month's imprisoment with hard labor.