WARDEN'S COURT.

Tuapeka Times, Volume I, Issue 15, 23 May 1868, Page 3

WARDEN'S COURT.

(Before Major Croker, R.M.) Casey V. m'donald. — Damages, L 2 10s., for having, on Friday, the 18th inst., filled up M'Donald's claim, and damaging his tail-race. Case dismissed, the evidence of damage not being sufficient. Claytok v. Moebison. — This was an action to recover the sum of L3O, being the amount supposed to cover the injury done to complainant's race, in consequence of the mining oparations of the defendant. The defendant, some two months ago, fired a blast in their claim ; and on the 9th inst. a considerable portion of the complainant's race gave way. He endeavored to prove that the Bkot was the immediate cause of the damage. The evidence was conflicting. The Warden reserved his judgment until he had an opportunity of inspecting the ground. Wednesday, 20th May. Police v. Webb. — Mr. Webb it seems some short time ago disposed of the entire horse, Peter Finn, by raffling him. He was brought up on a charge of having done so. Raffling being a species of gambling not recognised by the law, consequently is illegal. He was- fined L 3 and costs of Court. Thursday, 21st May. Police v. Johnson. — Johnson was charged with allowing card playing in his licensed house, the Sportsman's Arms, and for violation of Licensing Ordinance. Fined 30s. for first offence, and 20s. for second, with costs of Court. Police v. Cranley. — For allowing gambling in hia licensed house, Golden Age. Fined L 3 and costs of Court. Hunter v. Miller, — This was an action brought by Hunter against Miller for value of a cow, Ll6, for that Miller drove the said cow from Webb's paddock, and thereby got into the creek, and in conseqnence of exposure to the cold and wet, that she had to be slaughtered. The evidence for the plaintiff went to shew that the cow was suffering a recovery from pleuro, moreover that she had the beast disease. * Mr. Kennedy, Inspector of Cattle, on his oath, stated that the cow from her condition, anct the disease from which'she was suffering, her recovery was an impossibility, and that she was not worth ss. The Magistrate dismissed the case without hearing the evidence foj^thedefence. He gave 10s. costs fendant. Greenslade v. Tully. — Claim LI 65., being the price of two demijohns. Mr. Tully pled an offset of L 5, being for stabling for plaintiff's horse for nineteen weeks, at 6s. per week. The offset was dismissed. Verdict for LI 65., costs of Court, and 10s. expenses. Friday, 22nd May. Loo Foo, charged Ah See, alias Flesh Jemmy, alias Ah Sang, with having feloniously stolen one watch, his property, from his dwelling house at Waitahmia, on or about Bth May current. Mr. Campbell appeared on behalf of prisoner. Loo Foo being sworn, stated that he had rented a public house at Waitahuna, and that the prisoner was living with him. That before the prisoner left Waitahuna he had missad the watch. He accused the prisoner of iiaving stolen the watch in the presence of one Harry and one Johnson. He stated further that he was an agent for the Chinese at Waitahuna. That he never gambled with the prisoner. That he never owned him any money. He gave information about the watch to the Inspector of Police. Owens, a carrier, being sworn, deposed that on last Thursday week at Evans' Flat, the prisoner came to him, and wanted to go to the Teviot. There was no arrangement as to payment, but he meant to charge him for the ride. When at the Teviot the prisoner asked him for the loan of ss. stating that on the road he had lost his purse. He gave him the ss. Afterwards the prisoner asked him to give him a further sum of L 2, and he would give his watck, and if I gave him my address in Dunedih, he would shortly redeem the watch. I gave him the money. Constable Ryan sworn, deposed from a telegram he had received, he was led to make enquiries about a watch supposed to have been stolen from Waitahuna. He saw Owens who had the watch. He asked the number of same, the number being 18,632. I then took possession of the watch. I then went in search of the prisoner. I found him at Long Valley Gorge. I asked kirn about a watch. He said that he had not had a watch for

twelve months. Afterwards he stated that he had a watch that he got from a Chinaman who owned him L 3 10s. I told him I arrested him on suspicion. This closed the case for the prosecution. Mr. Campbell, for the defence, stated that the prisoner and prosecutor were for some time living together at Waitahuna. That in the course of their gambling transactions the prosecutor became indebted to prisoner in the sum of L 3 10s. That the watch was given in liquidation of the debt. It was well known that prosecutor lived by gambling, and it was very natural that the account given to me by prisoner was correct. There was nothing in the evidence inconsistent with the prisoner's innocence. His admission to the constable was very natural. The verdict of the Court was, that the prisoner be lodged in Tuapeka gaol for the space of three months with hard labor.