RESIDENT MAGISTRATE'S COURT

Thames Star, Volume X, Issue 3384, 27 October 1879, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

(Before H. Kenrick, Esq., E.M.) DRUNKENNESS. One person was punished in tho usual manner for this offence.

AFFILIATION. Hugh Mackie, was charged by Joseph Leatham with failing to comply with an order of the court to contribute to the support of an illegitimate child, the said order having been made at the instance of prosecutor's daughter. Mr Brassey appeared for the defendant! and stated that the person to whom the order had been granted had married | since, and he submitted that no other person could detrand a fultilliuent of the order, and tlie Court could not act on the allegation of an outsider.

Mr Miller, for the prosecutor, urged that this could be done, and read sections from the Destitute Persons Eelief Ordinance. i

The defendant was put into the box, and proved the making of the order. Mr Brassey requested the Bench to make a note of his objection. Mis Worship held that the action was properly brought, and said he would reserve judgment for one weefk to give defendant time to pay up the arrears. If he did not do so he would bo imprisoned for disobeying the order.

SUNI>AY TRADING.

C. F. Quiut was charged with supplying liquor to persons other than bona-fide travellers or lodgers on Sunday the 19th inst.

Mr Dodd appeared for the defendant, and pleaded guilty. He said the drink had been served by. accident, two persons having come into the hotel after two people from the Miranda. His Worship said defendant would be fined 40s and costs 7s. He noticed that Sunday trading was pretty common here and in other places, and future breaches of the Act would be severely punished.

BHSACH OF THE PEACE. Patrick Gibbons and Stephen Farrelly were charged with a breach of the peace, by fighting in a public place off Eyre street, Shortland.

Mr Dodd, for defendants, objected to the information. "Off Eyre street," could not be a public place. His Worship held the objection fatal, and dismissed the information.

LA.HCENT. Bridget Donnelly was charged with stealing certain timber of the Talue of 5s from the Tookey claim, the property of Alfred Teasdale and others.

Pefendant, who was defended by Mr Campbell, pleaded not guilty. Alfred Teasdale depoßed that he was a tributer of the Tookey claim. He had the whole ciaim from the company. He had missed mining timber from the claim for tome months back. On Friday week last be saw some of his timber in an outhouse adjoining defendant's premises, lie was accompanied by Detective. Farrell aud identified ■ nbout 5« . worth of the timber. She said she had taken it. The timber outside the Court was the timber he identified. He saw some boys takiog timber and stopped them. Defendant told the boys to run away with iti - By Mr Campb-11.—There were four shareholders in the tribute. Some of the timber is marked as if it came out of the shaft. She might bare s«id—"lf its yours you can take it." The detective took it away. On one occasion he stopped her breaking down a quartz shoot. By Mr Kenny.—He was not sure of the words used. He had no authority to gire the timber awaj, as it had to be used on the ground. Witness was not anxious to prosecute but only wanted to give a warning to put a stop to the stealing of timber. Detective Parrell gave corroborative evidence. He stated defendant informed him that one of the tributers gave her permission to take the timber. Mr Campbell addressed the Court, and called John Murray, one of the Tookey tributers, who deposed that he once gave defendant permission to remove some of the waste pieces. This was six months ago, but it was not a standing permission. He did not give witness permission to take the timber in question. His Worship said that he was quite confident that the defendant had taken timber, but as Teasdale did hot desire to press for a penalty he would tnke advantage of a section of the J.P. Act, and dismiss the case, defendant to pay the costs.

, ANOTHER CASE. A cose against Patrick Donnelly for receiving stolen property was withdrawn by the police. Court adjourned.