RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1653, 25 October 1872, Page 2

RESIDENT M A GIST RATE'S COURT.

(Before 11. M'Oulloch, E3q., R.il) Tuksdxy, 22n t d ( >cro3Bß. Jlfacrorie v. Simpson. — Claim for commission and advertising charges, £5. Judgment for plaintiff, with costs, 14*. MEwen v. Elliot. — Olaim for £2 5s 2d. good 3 sold and delivered. Judgment far plaintiff, dei fen^.ant to piy the amount in a month. Tulloch v Crack:— Olai-n for value of a plate glass window, bro'ien- by defendant,, a bay aoparent'v of fourteen jeara ofn^e. M.- 1 if at-tha trs for j>l-*Jntiff, Mr VV ids for defendant. Julgmont for plaintiff for £i ss; wjfc}) coate, £2. Wednesday, 23rv Ooroßsn. Thomson v. Morion and Pickford. — D.vnigas ia tins case, which vr-is hoarJ on Morvlay, *rore assessed at £13, iuolu.iinj; ("lie ral'io of th.9 timber cat, and the trouble aid expjnsa to which tho plaintiff hal basn pu 1 ".. .fulgent for plaintiff, 613, «rir.'i n->*N, €7 I. Morton and Pia?cford v. Murdoch — Tlij Worshio sai.l rhit in this cisc it :ippa^re \ 'slsvlj thit Mr Murdoch was not thn real dafeada-it, bufc Mr Tkomsin, tha p'alntiff in the previaus ! action. The Ud not. appjn* to h.ive mvle ;iny i-.fßi-mation «9 to thair title to the timber, nor had th;?re been anj a.reamant that the ti Tiber wt3 not to corns off private bind, an i Mr Murdoch h-vl taken de'irsrv. If a claim were now mala upon Mi- _\I ir.loHi by tha OTT.ier,. whoso claim ha 1 alrea ly b<?cn naat hr th-j ri » u^es awarded in the previoaa action, it craUi not be lillovred, a,3 the o%rner could not be piii twice O f.r for tha sumo, property. .Fu l^neafc for nl.iiitifM, JBH 17-9 3d, with co-ts, £2 2s James Phillips, settler lit vfyrosa Bush, was t'hargfd by A'exaa-lur Oor>!i, a nei-hb^r, wit'-i } u«ing thre-itening la-iginrji}. Mr Wt la for tho defence. Cook, the coii : )lainan^ state 1 fiat on Tuesday Phillips had threivtsned him with violence, and that' he was in fear thit he vrouH carry out his threat. There seemed to ba a difference of opinion between the, parties about a boundiry fence. Complainant's eTidenca was corroborate! br his son, who was present. Phillips wj.3 ordered to 2nd two sureties in £10 each, or one in £20, that he woull keep tlie peace for sir months. Thursday, 2 Its Octobes. (Before H. M'Cu'doch, Esq., R.if., and the Mayor). Sergeant Fleming, of the police force, stationed in Invccaraill, whs charged by Richard Kyan with an assault. AJ> M>irt>icwj for the prosecution, Mr Wade for the de'ence. A large number of witnesses wore cille I for the prosecution, the expenses of which, it appeared, had baen defrayed by subscription, anl the hearing of the c:»se occupied the court during the entire day. It appeared that the complainant had been drunk in Dee street on the afternoon of Saturday, the 12th inst,, and Sergeant Fienvng, by the instruction* of Sub-Inspector Wax, had arrested hi <i. For thn pronecution, evidence was led to show that undue violenca hid been usci by Sergeant Fleming, that the romptainant h\d. been roughly hurried along, thrown down, and struck in the face by the sergeant, and subsequently, with the assistance of another nonata-ble, dragged violently along the road, his shouMers striking against the kerb, and that the sergeant had placed his foot on the man's body when he was Iving in the street. For the defence it \va3 contended, and evidence led to shovr, that Rvan hal refused to be taken to the gaol, had attempted to bite the sergeant's hand, had thrown himself down, and refused to walk, and that when taken to the gaol he said that he had not been ill- used that he had no complaint to make against any one, and that no marka of violence were discorered on his person. The B nch, after retiring for half an hour, returned, and intimate I that the decision Trouid be given afc-tvro o'clock to-morrow (S^rklay)