RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1729, 18 April 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch, Esq., E.M.) TUESDAY, 15TH APSIL. George Davis, James Datokins. William Metcalfe, William Fisher, Thomas Lane, and John Collins, were charged with assaulting and robbing Hugh M'lntosh, at the Half-way Bush, on Sunday, 13th inst. On the application of SubInspector Fox the prisoners were remanded for eight clays, on the understanding that the case would be proceeded with on the following day if the witnesses could be in attendance. Millar v. Kerr. — His Worship gave judgment in this case, heard on Tuesday, Bth inst. He considered that the case must be decided simply by reference to the Municipal Corporations Ordinance, which, however, was rather ambiguous. Looking, however, at tlie plain reading of the two clauses bearing on the subject, it was his opinion that the tenant was liable for the rates. Judgment accordingly for plaintiff, with costs, 13s. Mr Wade asked for leave to appeal, the amount involved being under £10. His Worship said he would be most happy to grant leave, and remarked that the Ordinance had been so long in force that the point must ere now hive been decided in Dunedin. Wednesday, 16th Apbil. Jessie Simmons, charged with larceny by Hugh M'lntosh, w:is dismissed. Davis, Collins, Dawkins, Metcalfe, Fisher, and Lane were brought up on rema.id from the previous day, charged with assaulting and robbing Hugh M'lntosh, hotelkeeper, on Sunday, 13th April. Mr Wade appeared for the prisoners. The evidence of Mr M'lntosh, corroborated by other witnesses, was that the prisoners came to his house on Sunday afternoon, 18th April, and conducted themselres in a violent and threatening manner. After they had had some drink, M'lntosh became afraid of them, and went to his room. They followed him, led him baok to the bar, ancl demanded a sovereign and a half ia cash, three bottles of brandy, and a box of cigars, threatening to " string him up" if he did not comply. He gave them the brandy and cigars, but not the money, having none in the house. M'lntosh then escaped into the bush, and did not. return until the prisoners had left. The prisoners were committed ior trial. The Court then adjourned till 3 o'clock. (Before J. R. Cuthbertson, D. M'Arthur, ani W. H. Pearson, Esqs., J.P.'s. James Dawkins, William Metcalfe, and William Fisher were charged with assaulting with intent to rob Alexander Smith, at Halfway Bush, on Sunday, 13th inst. Mr Wade appeared for the accused. The evidence of Smith was to the effect that, seeing che prisoners coming to the hotel, where he was staying at the time, he locked himself up in his bedroom, fearing from information he had received that they would assault him. After they had been about three hours in the hoube they broke open the door of the room, smashing the lock, and beat him severely with their fists, spattering the floor and walls with the blood from his mouth and nose. One of the prisoners took a Savings Bank deposit book out of witness's outside coat pocket, but subsequently restored it. '1 he witness's statements were corroborated by the evidence of M'lntosh (who returned to the house shortly after the assault,), a man named Young, and Sergeant Fleming. The Court, after a short consultation, held that the charge of attempt to rob had not been sustained, but that a violent assault had been committed, for which they sentenced the prisoners to two months' imprisonment with hard labor, being the maximum penalty which can be awarded for assault by summary jurisdiction. George Davis and James Dawkins were charged with two assaults, committed on the 13th April, in the garden of the Halfway Bush hotel, on James Young and Henry Reed. The prisoners pleaded guilty. The assaults appeared to have been entirely unprovoked, and committed under the excitement of drink. The Court awarded Davis two months' imprisonment with hard labor, and Dawkins, already sentenced to two months' imprisonment with hard labor for an assault committed on the same occasion, an additional week.