RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2862, 17 April 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before W. Fraser, Esq., E.M.)

WANDERING EOSBE

James Dorau was charged with allowing one horse ti wander at large in Richmond street, Thames, on the 11th inst. Defendant pleaded gu :l.ty, and was fined 2s 6d and costs.

■ ■ i- ■■■'■■ LETTING OFF FIBSWORXS. Two small boys, named John Andrews and J. McConnell, were charged with unlawfully letting off fireworks in a public place, to wit Brown street, Thames. • Defendants pleaded guilty. Mr Bullen said that the boys let off the fire works nearly opposite the Pacific Hotel. The attention of the police had been called to it by several persons as a dangerous practice. ,' Dismissed with a caution. PBOVOKING LANGUAGE.

Michael Driscoll was charged with unlawfully using threatening language towards one James Forsman at Punga Flat on the 13th inst.

The defendant, who pleaded not guilty, was defended by Mr Macdonald. Mr Brassey appeared for the plaintiff. Mr Brassey stated the ease. James Forsman, sworn, deposed—l reside at Punga Flat, and recollect the 13th of this month. Some time previous I was requested to bring young Brennan down to town, he having been stopping at Driscoll's. From thence I returned to Punga Flat with Mrs Brennan, and met Driscoll coming down.* ■ Mrs - Brennan told him of me taking the boy down, and lie said, "Where is that bloody German ? I'll have his life this night." He commenced to run towards me, and Mrs Brennan said " Stay, you don't know what you're doing." I said not a word. After that there was a disturbance.

By Mr Macdonald—The boy came down voluntarily. I did not tell him that if he said a word I'd chock! him down & fhaft. He said if he could get away from those wretches. I was some distanoe from Driscoll when he used the language. I was going on a by track to my gate. Margaret Forsman, sworn deposed—l am the wife of the informant. I recollect the boy Brennan running into oar honse on the 13th, and my husband taking the lad down. Some time after I was waiting at the gate for my husband's return when I heard voices. I heard Driscoll say " The —— German. I'll murder him for this. I'll take his life."

By Mr Macdonald—l am certain of the language used. Louisa Forsman, sworn, deposed—l am daughter of the plaintiff, and recollect Saturday the 13th inst. I came into the house with young Brennan, and my father took him down town. (Witness here corroborated the former witnesses' evidence concerning the language used.) ■ ; .'." Annie Donnelly, sworn, deposed—l lire at Funga Flat, a short distance from Forsman's. I heard voices on the road. I heard Driscoll ask where the b——y German was, and said he would take his life. This was between 8 and 11 at night. By Mr Macdonald—l was watching for Driscoll, as I saw him prowling about. I have been watching him for the last six years. Annie McDermott, sworn, corroborated the. evidence re the language used by Driscoll.

His Worship said he would reserve judgment till after the hearing of the other cases. ANOTHBR CASS. Eliza Driscoll was charged with using threatening language towards one J. Forsman, at Punga Flat, on the 13th inst. Mr - Macdonald for the defendant admitted that some language had been used.

Judgment in this case was also reserved.

ASSAULT.

James Forsman was charged with unlawfully assaulting one David Brennan on the 13tb.

Defendant pleaded guilty. Mr Macdonald appeared for the plain* tiff; and Mr Brassey for the defendant. Mr Macdonald stated the case and seid that the threatening language used bj Driscoll was in consequence of the boy having been taken away by defendant. Samuel Brennan, sworn, deposed—l am the father of a little boy who has been living with the DriscolU for some time. I did not give Forsman authority to bring the boy orer from their custody. I had some conversation with Forsman. He told me that the boy was badly treated, and I asked the boy and he said he was not badly treated. I told him I would take him down next Saturday. The boy never evinced any appearance of being badly used. By Mr Brassey—When I saw Mr and Mrs Forsman in town, and knowing they were going to summon Ihe Driscolls; and not wishing to get the boy into Court, I asked Forsman not to summon the Driscolls. : ; ,

; David Brennan (a little boy), sworn, deposed—That the defendant took him by the back of the neck, and took him downtown. He did not go willingly. He did not tell anyone that lie had been promised a horse arid cow if he said this. He was not in Forsman's house that day at all. •;

The defendant, his wife, and daughter stated that the boy came over to their house, and went down of his own accord.

Mr Bullen said that Forsman came with the boy to the station on the night in question, and the boy appeared to go willingly. His Worship said the last case would be dismissed. The two other cases he would take a lenient view of, and inflict a gsnally of 40s in each case. Mr and Mrs riscoll. He recommended them to leare Punga Flat as soon as possible, as there was nothing but rows there.

PNCOLIiABBD DOGS. Michael Drisooll was charged with unlawfully permitting three dogs to lie at large at Punga Flat without collars. Defendant pleaded guilty, and wai fined 6s and costs. Court adjourned.