RESIDENT MAGISTATE'S COURT.

West Coast Times, Issue 32, 17 August 1865, Page 2

RESIDENT MAGISTATE'S COURT.

Monday, 12th AvaVh't, "'*/' William Hastings was. %si* /»'•>? i'or being drunk and disorderly. s*r5 *r , William Carr was/;Ohay|£ed| ■ on' the information of Thomas-iHowwtii 'With horso stealing. T. Howardi,,.det«ctivo officer at Hokitika, deposed, thajVylufiftiu the detective force in Duuedin, nor received two warrants to arrest prisoner; nor ;horse stealing ; he had not been/ efjpeated for that charge up to the present tfra\B j his description also answers to onti AWinj" Haydon, charged in the Police Gazette >yjth a similar offence in Canterbury. ' "inspector Brohan deposed — From information I received from Dunedin, I cauused the prisoner to be arrested. PrcV^u;?. to his arrest I received a letter from \tho Oummissioner of Police in Christchuro& to arrest prisoner fora similar offence' atfc Wetherstone's. The second warrant wJos ' Pout, about the 13th of May, by fte Gfe of Dunedin, which vessel lias not sinCQ «J^?3tt . ; heard of. I therefore pray that the $&»'''■ soner [may be remanded lo Dunedin.. • B A manded accordingly. ;p

Frederick Jones was brought ijj^ <«r warrant, charged with Ocserting bis Jwifo and children -in Duucdin. Inspector Brohan also prayed for v reman 4*& ihfck case. Itemandc t •"^ordingly. '>' I Abduction. — Win. Hepburn, mastev oK the s.s. ship William Miskin, was QhtoffM with the abduction of one Mary A'tiffi Buggy, under 14 years of age. Mr Ou'iemi, who appeared on behalf of' tho prist aoiV. handed in a document to his tfojffihipf, stating that tho girl, Mary Ann Bvjge^f, was in the possession of her $$toe*ij at Nelson. At the request of MrfOjakos, who stated that none « f c »"vf-5 ,^ : . , vero present for the pro .few. "it.^ /•(& t*sg<} tyas adjourned till F'idius, , ♦;. '7' Bth of ber, thi^niigom'j Vk UtKV&ound ois& ttf appear, in two fuirefei i 4 jfelGO eachv '- Vl ' .f£V>t OASES. Oal<( m •• .f..Uv\ -~\ "tied out of court. Bull v.,Tayloj.^-Adjourned till Wednesday, lethfartv-; */ Munnaff V KaVb. — No appearance* A\iF^',,"#Oook. — No appearance. F' ♦fcdy'v Houghton.— Postponed till \iyVek. ■ ,«■>* tyman v Zealan. — Amount claimed Verdict for plaintiff, with costs. J M'Crae y M'Cormiok.-— No appearanco of tho plaintiff: Verdiot for defendant, with costs. Wiidcly v M'Crae.— Claim for L 8 16s. Verdict for plaintiff, with costs. Win. Dwyor v Anderson. — Mr Oaken for plaintiff, Mr O'Loughlin for defendant. Fiosn tho plaintiff's statement it appeared

that he shipped on board tho New Zealand, as second engineer, at a salary of 100 dollars per month, and he had served in that capacity 11 months. At the time the vesse/ left Boston the American dollar, or greenback, were equal to about 3s 3d English m.mey, so that after deducting 100 dollars he had drawn in Boston, besides leaving half pay at home, and money he had drawn on the voyage, a balance remained in his favor, after deducting one dollar and a half in every Ll English, of L3l 10s. Verdict for that amount. Cook v Clint. — Plaintiff not appearing, verdict for defendant, with costs. Swanson & Ryrie v Hepburn. — Case dismissed. RuetvFama. — Claim for Ll6 16s for playing at defendant's hotel. Mr Oakes appeared for plaintiff, and Mr Prendergast for defendant. From the statement of plaintiff it appeared that he had been engaged as leader of a band of musicians at Mr Fama's hotel at a salary of LlO per week, and that at the end of that period he had left, owing to the plaintiff having some repairs goiug on at the hotel, but with the understanding that he was to commence again as 'soon as the repairs were completed. Upon applying to the plaintiff he was told that as Mr Schultz, one of the men playing under him, had left the band he should, consider the engagement broken, and refused to pay them more than tho first week's salary, 'already paid to one of the company. Christian Branz was the first witness called, who stated that he had been engaged in company with one Schultz, who had since gone to the Grey, and it was through his absence that the defendant refused to carry out his engagement. Mr Prendergast, who appeared for the defendant, in a yery humorous speech informed his Worship that the defendant had engaged plaintiff on the distinct understanding that Schultz was to be one of the musicians, and that the band, like Napoleon's army, was useless without its leader, especially such a oue as Mr Schultz, whose double bass attracted more custom to defendant's premises than all the other instruments together. His Worship decided that Mr Fama had failed to show that the plaintiff had not fulfllled his engagement, and gave a verdict for full amount, with costs. Morrington v Keeling. — Claim for L 4 2s 6d. The defendant upon entering the court stated that he had settled the case out of court by handing over L 2 ; but as the plaintiff failed in understanding the arrangement the case went on. After a lengthy_.examination a verdict was given plaintiff f;or L 2 Saiid-r- — Hirsch v Kerley. — Claim for L 45s 6d for a lamp delivered to the defendant, which turned out useless after delivery. Verdict for defendant, Captain Kerley having to pay Ll 2s 6d for sundry improvements made to the lamp.

Tuesday, 15th August. Wm. Harvey was fined 10s for riotous conduct at Major Bracken's. G. Harrison, for a similar offence, was discharged with a caution. John Reid was charged with aiding and abetting one Charles Lear, not in custody, to rob John Tatton, miner, at Woodstock. Mr Oakes appeared for the prisoner. John Tatton, being sworn, stated — I am a miner, ,at present working at Woodstock. On the Bth of August last, I entered prisoner's shanty about seven o'clock in the evening. I went there for the purpose of meeting an old mate of mine. Upon meeting him we had some drink, for which I put down a LI note, taking my purse out at the same time. About an hour after my mate went. away. I remained. " The prisoner and Churles Lear being in the house about two o'clock in the morning. I went out ofjthe house with the prisoner. Previous to going out I called for drink, which I paid for out of my purse. When I was outside talking to prisoner, Charles Leaf put his hand in my pocket and took my purse, containing two L 5 notes and four Ll notes bound together ; there was also about 12 dwts of gold in a small leather bag, a miner's right, and gold ring. Shortly after I told prisoner that Lear had robbed me, and to try and recover it for me ; had he done so I should not have prosecuted him. I have not seen this Charles Lear nor : my property since. Cross-examined by Mr Oakes — I had nothing to drink before I went in. I did not see a woman in the tent, but I believe there was one. Prisoner on being asked if he had anything to say, stated that he knew nothing of Charles Lear further than that he occasionally came and stayed at his house for a day or two, and that he had been unable to detain tho prisoner as he made off the instant the police arrived. Inspector Brohan applied for a remand in order that they might have an opportunity of arresting Charles Lear, the prisoner's mate. Mr Oakea objected to a remand, as his client knew nothing of the affair be yond what he, prisoner, had already stated, chat he, prisoner, had awaited till the arrival of the police, which, had he, the prisoner, been guilty of the charge, he would most assuredly not have done, but have followed Charles Lear's example and decamped. His worship considered that a prima facico case had been substantiated, and remanded the prisoner till Wednesday, 2?rd inst. > Mr Oakes applied for bail which was immediately refused.

Wednesday, 16th August. M. Fosborry, was charged with maliciously breaking a window at the post office. M. Keogh stated that the defendant kept knocking at the window until he broke it ; lie thereupon summ. Ned him. Defendant stated that he went to the post office for some letters, and that owing to the deafness of the clerk, or the person inside at - the time, he tapped once a little too hard and broke tho window. His Worship asked the defendant if he would pay the expense of repairing the winder and cost of summons, and on his replying in the affirmative, Mr Keogh not objecting, the cose was dismissed. The civil list presented nothing of importance.