RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1069, 13 February 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

Temuka—Monday, Feb. 12,1883. [Before J. Beswick, Esq., R.M.] THE LATE MR MENDELSON. His Worship, on taking his seat on the Bench, said, ( as this was the first occasion on which he had sat since the death of the late Mr Menielson, he wished to express his regret at the loss the Court had sustained by his death. M; Mendelson had always been most trilling to attend the Court, and he felt that his death was a great personal inconvenience 1o himself. Dr Foster also, on behalf of the Bar, expressed his sorrow at the loss of Mr Mendelson.

While both gentlemen were speaking the people kept coming into Court, and the noise thus made rendered their utterances inaudible at the reporter'6 table, consequently we are unable to give their speeches iu full. RESI9TING A BAILIFF. George Kahu was charged with having resisted a bailiff in the execution of bis duty. Mr Wills, the complainant, applied to have the case withdrawn, on the ground that the defendant was a Maori, and probably did not understand what he was doing. - Mr Austin, who appeared for the defence, objected to the case being withdrawn. He wanted the case to be heard, so that the public might see what his client had be<m charged with He submitted that Mr Wills was not acting as a bailiff of the Court at the time, aud was only a private individual. The document he served was not a wauant—it was only an order Which a lawyer's Clerk could have Served.

His Worship said no doubt Mr Wills thought he was acting as a bailiff.

Mr Wills said he was acting as sub-bniliff of the District Court, Mr Austin said if the case was withdrawn he would apply for costs. jflis W T orsbip decided to hear the case. -

William Wills : I was acting as sub : bailiff of the District Court, and served the order produced. When I went to the gate I was resisted by George KahUj who brandished the stick produced over my head. He did not put his hand on me, but he threatened me. I gave him in charge to the police. He resisted most violently. To Mr Austin : I got the order produced from Mr Bolton, one of the trustees. Mr Bolton is not connected with the Court, I regarded him as a messenger from the District Court. I have often got documents from the District Court through private persons without coming through the Post Office. George Kabu did not tell me Leach was not on the ground. His Worship said he would not go any further with the case. He would dismiss it. Mr Austiu applied for costs, This was the third time the case had come before the Court.

His Worship decided to allow one guinea, solicitor's fee. William Smith, who was similarly charged, was also dismissed. He was further charged with assaulting the police, but the case was dismissed. Mr Austin applied for costs in this case also, but His Worship declined to grant them. LARCENY. Sarah Hay was charged with the larceny of three straw baskets from the shop of J. W. Mileß.

Mr Austin appeared for the accused, who pleaded not guilty.

Constable Morton : Ou the morning after the day mentioned h the informaion Mr Miles reported to me the loss of the articles in question. I met accused, and she admitted having taken them. I went with her to her own house, and she took them out of a box. To Mr Austin : She 6aid she was sitting inside the door and put them under her arm, and she did not know she had them until she came down town. When she wert home she asked the little girl where the baskets were and she said they were in the box. She said she took them by accident. i J. W. Miles :' On last Tuesday evening at about 9 o'clock the accused came into my shop. She did not ask for anything. The baskets produced are my property. 'lhey are worth half-a-crown each. I missed them the following morning, and gave information to the police. To Mr Austin : There was a sheet covering them m the shop. I would not like to say whether she intended to to steal them. As she is the mother of a large family, and of a good character, I do not wish to press the charge against her. His Worship said he had not the slightest doubt but that she intended to steal them, but in consideration of good character he would deal leniently with her, ■ She would be ordered to be locked up for 48 hours. STRAY HORSE. E. Forward was fined 20s for allowing a horse belonging to him to wander oa ;iii- railway. CIVIL CABES. Dr Foster aeked leave of the Court to proceed for costs in the case of Murray v. Hetherington. The case was heard last August, and Mr White appealed. The appeal had pinc*» been abandoned, and he now aaked leave to issue execu tion. Leave was granted. Job Brown v, J. Daly—Chaim £22 3s 6d. Judgment by default for the amount claimed and costs. J. Tangney t. T. Gibson—Claim £2 7s. Judgment summons. The case was ordered to ?t&nd over for a fortnight. The Court theu adjourned.