RESIDENT MAGISTRATE’S COURT.

Wairarapa Standard, Volume II, Issue 55, 18 January 1868, Page 3

RESIDENT MAGISTRATE’S COURT.

Featherston, January, 14. Before H. S. Warded. Esq., R.M. ASSAULT. A charge of assault brought by R. Grant against John Vile was withdrawn by consent of the Court. CIVIL CASES. T. W. Downes v. W. Patterson.—Damages, £95; adjourned. R Grant v. J Vile.—Damages, £2O; settled out of Court. H. Phillips v. Bond.—Claim, £2lss; judgment for amount and costs. F. Morrison v. D. Cameron.— Wages, £2; judgment for amount and costs. H. Phillips v. Anarii —Debt, £5 19s; summons not served. A. Gillies v. E. Phillips—Debt, £llss3d; judgment for amount and costs. A. Gillies v. J. Little.—Debt, £2: withdrawn. H. Phillips v. J. Thompson.—Debt, £5 15s 6d.; judgment for £4 15s 6d and costs. J. Jury v. J. Wilkinson.—Debt; settled out of Court. S. Wilson v. J. Wilkinson.—Debt, £8; amount and coats paid into Court. Grettown, January 15. Before H, S. Waedell Esq., R. M. drunkenness. Harewood was charged with this offence and admitted the fault. He was with a caution. breaches op licensing ordinance. Mrs Thomas was summoned for keeping her hotd! open after licensing hours on the 24th ult, Mr Moles appeared for her and admitted the charge. The case was. dismissed with a caution. Mr Hammerich denied a similar charge made against him on the night of the 21st. Constable Butler sworn—On the night of the 21st at 10.301 told Mr Hammerich to close his house, and he said he would do so. I returned at 11 and the place was still open. I spoke rather sharply to him and he closed the front door and put out the light in the bar. I returned in about 20 minutes. I saw a light in the billiard room where two gentlemen were playing. He put out the lights as soon as the game was finished and the house was closed.. It was then 11 minutes to 12. The defendant admitted the charge and the magistrate dismissed the case with a caution and the costs, Another charge was brought against Mr Hammerich for not closing on the night of the 24th. Constable Butler sworn said—On the night of the 24th December, I went to the defendant

about 9.30, and I told him I should insist on his closing his house that night at 10 as there were a number of drunken men about. He said it was not 10 yet. At 10 I told him to close his bar which he did. I returned in about 10 minutes and found the billiard room full of people. I then saw Mr Hammerich and told him it was Useless to close his bar door unless he closed the back door also and ceased serving drinks. I insisted on his closing the bar altogether and putting the lights out in his billiard room. He distinctly refused to do the latter, and said I had no right to order him to do anything of the kind. He has refused me several time since when I have asked the same. The billiard room was kept shut up until a quarter to 12, and afterwards when the band came up, the bar was lighted afid business was done in the bar, but there was a light there to 4 o’clock and people inside. Cross-examined—l know that the back door of the bar was open, but I cannot swear of my own knowledge that there were any drinks served after 10 o’clock.

George Saunders, printer, deposed—l remember.the night of the 24th of last month and where I was that night. I could not swear to the time at which I was playing billiards. I was refused drinks at the Greytown Armswheu I asked for them after 10 o’clock. I left before 11, and did not go back at all until 9or 10 next morning. I was not raffling that night. I never had a dice in my hand, and I saw no one else dicing. To the Court—On Christmas eve I went into the house a little before duskor a?:erdusk. 1 know nothing at all about time that nigM. I have forgotten all about it. Another witness was called who stated that he was in Mr Hammerich’s house on the 24th. He was in a private room of the house, about 11, He was not aware that any drinks were s-ived auer 10 o’clock. Had a drink auer 10 o’clock, but did not pay for id He was in the house from before Ito 5 on I __stmas morning. H?.d been throwing dice to c.eif he could beat o .ers during th:.‘t time. Charles Phillips sworn.—l recollect Christmas Eve. I was in Hammerich’s on that night. Ido not know when I went. lam generally in there every night. I forret all about it—now it r nearly a month ago. i did not stou all night there. I don’t remember anybody gambling there. I know I was nit. I swear positively I do not remember when i : I Haramerick’s on that night. I heard Mr li merick re.’.se you when you told him to shut up the billiardroom, but I have no recollection at what time that was. I will not swear that I was not there aider 12 o’clock, but I do not think I ever stopped out at a public-house after 12. Mr Hammerick said that he had been told by Mr Butler to shut-up the bar before 10, and had refused. Had closed the bar at 10, and the Billiard-room shortly after. He would not say that drink had not been ser red to a traveller or lodger in the house after 10. There was a third case against Mr Hammerick, but Constable Butler withdrew it as he had only brought these cases on as an example. His Worship then cautioned the defendant to close his house at 10 for the future, and said that he would inflict the smallest penalty in his power, namely, £2 and costs. THE LATE CASE OF POUNDBEEAKING. Mr Varnham explained that he had been suffering for a considerable time from Maori horses trespassing amongst his com. It was not his fault as his ground was surrounded by a four-rail fence. On one occasion he had yarded with the assistance of Manihera upwards of 47 horses, which were all claimed with the exception of five, which he had put in the pound. The result was known to his Worship. He had said to Piripi when the horses were trespassing that he must take them away. He had replied that they were marked with his brand, hut he had sold them to a white man. He had let the other horses oft 1 at a low rate, and would have done the same with Piripi but for his insolence and the deliberate lies he had told him on the matter. He would not therefore take less than his first claim. His Worsnip srid that Mr Varnham had made an exception against Piripi while he had taken a lesser sum from the owners of the other horses. If Mr Varnham wished to obtain the amount he would have to recover by suing for special demages and proving his claim. After a long discussion Mr Varnham proved the special damage by these horses, and saidhe was willing to take £5 which his Worship awarded, and said that the balance of the eight guineas paid into Court he would hand to Piripi. CIVIL CASES. Charles Phillips r. Joseph Ingley—£s. Settled out of Court, George Gillard v. James Harris—Debt, £l 7s 6d. Settled out of Court. Hori Tatia v. Te Manihera—Disputed impounding, Adjourned.