RESIDENT MAGISTRATE'S COURT.

Colonist, Issue 133, 28 January 1859, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, January 26. Before the Kesident Magistrate. E. Snow v. P. Levy.—To recover the amount of goods supplied to Levy, amounting to 495. The defendant contended, that a charge of 15s. was included in the price of 345.', charged for another garment; but upon two witnesses being called, who proved that each article was respectively worth tlie sum charged, and defendant not shewing any special agreement, judgment was given for plaintiff for 525., and 12s. costs. John M'Caw v. J. Dougherty.—Judgment for plaintiff, ,£1 75., for rent. Elizabeth O'Dowd v. Thomas Shepherd.— This was to recover rent due by defendant, who had agreed to do certain work to the house belonging to plaintiff upon a reduced rent of 155..a week, which had not been accomplished. Defendant said the work was half done, and would be completed afc end of term, the time agreed not having expired. The rent he admitted. Judgment for plaintiff, _£7 3s. 6d., and 12s. costs. W. M. Stanton v. W. A. Weightinan.—To recover the sum of J. 14 175. ; for interest due on the purchase money of land at Moutere, for goods delivered, and for, the, amounti of an acceptance due in May, 1857. \ ; *

Verdict for plaintiff, with interest on acceptance until paid.

Thursday, January 27,

An information was laid by Thomas Brooks against John Goldsworthy, miner, of Nelson, for wilful and malicious damage,1 by breaking two panes of glass in the house of J. Winterburn, Trafalgar-square.

Mr. Kingdon appeared for the prosecution, aud opened the case by observing, that on the night of the 26th (Wednesday), Thomas Brooks had taken down two children to Mr.-Crowtiter's, and on returning, he found a cart on the beach with the horse grazing by the side of the road. On looking round he saw J. Drewitt, the driver, on the ground in a state of insensibility, from loss of blood. It appears that the Board of Works had caused large stones and planks to be placed at various situations on the Port-road, to divert the bullock drays from the beaten track on to the rough part, —and the wheel of the cart coming in contact with one of the stones, the driver, J. Drewitt, was thrown with great violence out of the cart, pitching upon his head on a stone, and became insensible, with much loss of blood. In this position be was found by Brooks; he would, however, leave the plaintiff to tell his own story, for it was in consequence of this accident that he happened to be on the spot at the time that the windows were broken after taking Drewelt home.

Thomas Brooks, sworn^ saith: I live atthe Raglan Brewery. Last night whilst on Winterburn's premises, about 12 o'clock, I was busy taking Drewett's horse out of the cart, when I heard the glass in Wiuterburn's house crash. I immediately ran round the house, and there caught Mr. Goldsworthy. He was the only person there. I was fifteen yards from the premises. It was moonlight. I said, "Is that you, Goldsworthy ?" He answered, '" Yes." I said, "I did not think you were the man to break windows like that." He said, " What do- you mean?" I said, "Ga with*me to the lock-up, and Til tell you what I mean." He refused, and I said I should insist upon it, or keep him there till I got assistance. He then threw me, and- set off to run away. I caught him again, and after a long struggle eventually got him to the lock-up.. ■

Cross-examined: I never struck one blow till I knew.who it was. I struck him when he was down with my fist. I never gave any blows before defendant knew who I was. I never struck till after I, had been thrown the first time. I challenged defendant with breaking glass before I struck him;'- I ran round directly I heard the crash. He was walking away. He had time to get where he was, I had seen the person before, not knowing who he was. He was not sober. I never kicked defendant. I was quite sober.

C. Halliday, constable, sworn: I was on duty last night in the lock-up when Goldsworthy was brought. He was the worse for liquor—in fact, he was drunk. Brooks was sober. I went with Brooks to the'house, and found two stones in the room, with which the glass was apparently broken. Tbe Magistrate, in summing up, said there might be & possibility that the defendant did not break the windows (he had never known the defendant to be quarrelsome, and had never seen him drunk since he had been in the colony), and upon that possibility he would dismiss the case, but fined him ,£1 and costs for being drunk.

Mr. Goldsworthy wished that Brooks should be required to keep the peace towards him, and the Magistrate acquiesced by ordedog both par-; ties to be bound over in sureties' to keep the peace for six mouths. ■ . ■ _ The Magistrate also remarked that he was glad Mr. Kingdon had mentioned the subjectof the Beach-road, inasmuch that he bad himself run the risk. Had it not been that his servant had preceded him and pointed out the danger,. he might have shared the same fate.. He considered it highly culpable of the Board of-Works, and thought that public. attention should be called to.' it. "