RESIDENT MAGISTRATE’S COURT TEMUKA.

Temuka Leader, Issue 366, 22 March 1881, Page 2

RESIDENT MAGISTRATE’S COURT TEMUKA.

Monday, March 21, 1881. (Before J. N, Wood, Esq., R.M.) larceny. Gelton Coburn was charged with the larceny of 28s, the property of Peter Johansen, on the 12th instant. The prisoner pleaded not guilty. Peter Johansen, deposed : I was working at Buckle’s last Saturday week, and was paid off then as well as my mate, the prisoner. Mr Buckle gave ns one cheque for the two amount*. When we came away, and arrived at Quinn’s hotel, he went inside, leaving me outside. When he came back he told me that Quinn was not in, and he could not get change for the cheque. When we went there again lie refused to go in, but went away. I followed him and asked him to go and get the cheque changed. He pulled something heavy out from his pocket, and holding it towards me, said that if I followed him further he would put me on one side. I then went away.^ John Buckle deposed to paying accused and the prosecutor some money by a cheque drawn in favor of one Peter for £3 2s.

Michael Quinn, proprietor of the Star Hotel, deposed that the prisoner came into his house and got a pint of beer. He produced a cheque for £3 2s, which I changed. This was between six and seven p.m.

Sergt. Carl yon deposed to arresting prisoner at the Hinds. On searching him I found £2 16s on him. I accused him with robbery with violence, and he said it was no robbery. The accused, in defence, said be bad paid prosecutor 30s on the road. John Buckle, re-called, deposed that on obtaining work from him, the prosecutor and accused asked him to advance some money to purchase some provisions. The

sum of £3 2s was all that was coming to them. : ; ; His Worship considered, the offence proved, nnd sentenced iiim to 14 days’ imprisonment in the gaol at Timaru, with hard labor. He was ordered to pay the expenses of the prosecution and witnesses, and to pay the prosecutor 28s. BREACH OF THE LICENSING ORDINANCE. John Morton Ollivier, proprietor of the Temnka Hotel, was charged with having, on 12th March last, suffered one glass of baev to he sold during prohibited hours. Sergt. Oarlyon deposed to serving Mr Ollivier with a copy of report of the offence, and a notice to produce his license. On Saturday night last, between 11 and 12 o’clock, I went into the hotel and was standing between the bar and the billiard-room. Saw the bar parlor with several persons in it, and James Davis was drinking a glass of beer. By Mr Ollivier : It was in the bar parlor where I saw Davis. It was not a private room. I saw Mrs Ollivier there talking to those in the room. James Wavis deposed to being in the Hotel that night. I was not drmking after the hotel was closed. I had a glass of beer ih my hand. I saw the sergeant in the passage. I swear I never drank the last part of a glass of beer. I drank tiie first half.

By Mr Ollivier : I drank some of it after the house was clrsed. I got the beer about ten minutes to eleven o’clock, and also two bottles of beer, I saw no liquor sold after eleven. I don’t know whether you got any notice of the police being in the house. C. Bateman deposed to being in the hotel after eleven o’clock on the night in question. Saw the last witness get some beer about a quarter to eleven. The bar was closed at eleven.

Sergeant Carlyon, recalled by Mr Ollivier : I came into the hotel by the passage door leading to the billiard-ioom. I went there for the purpose «f looking for another man, and saw the house open. Mr Ollivier, in defence, said that he bad been the holder of a license on the West Coast for the past fifteen years, and had never been reported before. The Magistrate considered that the case would be met by requesting Mr Ollivier to be more careful in future. He should dismiss the case. •JSING OBSCENE LANGUAGE. George Lynch was charged with having, on the 7th March last, used obscene language calculated to cause a breach of the peace. ! The accused pleaded guilty, and was fined ss, and costs 7s. assault. William Smith wafeharged with having assaulted James Cain on the 15th inst. James Cain deposed that he was pass* iog through Temuka on the 15th instant. Smitli called him back and struck him after they had had some words over a “yarn” he had circulated about him which was not true.

The accused, in defence, said that the compli.inant called him a liar, and he struck him. Cain stated that what a woman had re* ported against him was false. His Worship . Oh, there's a woman in the case, is there ? Cain ; Yes, sir ; and I wish to have the accused bound over to keep the peace towards me. His Worship : What! do you consider your life in danger ? Cain : Yes, sir ; I do. His Worship fined the accused 6s, with costs 7s. CIVIL CASES. C. Nicholas v. W. W. Dundas—Claim £1 3s ; judgment summons, j This case was heard in the Court in ! February last, and judgment given in favor of plaintiff. The defendant did not appear. The plaintiff stated that defendant was in Government employ, and he had cause to believe that he had received his pay for the last month. Ordered to pay the debt forthwith, or to be imprisoned for three days in Ad* dington gaol. Harrop v. Jackson—Claim £4 19s Id j judgment summons. The defendant, on being examined, stated that he had been out of work, and had a family bf eight to support. He had not been able to pay the same since 28th February last. The plaintiff asked that the evidence should be taken down in writing, as in all probability the accused would be put in a different position, as he could prove that he had committed perjury. Ho would ask for an adjournment. His Worship examined the debtor: Since I have received the summons I have only earned £2, and no more is owing to me. His Worship adjourned the case till April 24th nexfr. Harrop v. G. Gapes—Claim £1 14s ; judgment summons. The defendant did not appear. Ordered to pay the debt forthwith, or to be imprisoned for seven days in Addington gaol. Ackroyd v. James Crawford ; judgment

summons. Gallivan y. Frael Claim £2 13s. The sum of £2 had been paid. J udgraeut by default for 13s and costs 16s. Ordered to pay £5 on 16fh April, and the balance on 13th May, or, in default of either payment, one month's imprisonment in Addington gaol.

J. Brown v. W'ij., James—Claim £ll 6s 2d. , i|| Judgment fqij; plaintiff, with costs 19* p immediate execution to follow. Gumming and Hayes v. M. Crowley— Claim £3 ss. Judgment by default. ’ \ 5 The Court then rose. ■