RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 150, 12 March 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Beforo Gh Gt. FitsQerald, Esq., KM.) Tho hsd ay, March 8.

Drunk and Disorderly— John M'Donald for this offence was fined £1 or 48 hours imprisonment. Obstructing the Police.— John Kellet appeared to answer this charge, which was adjourned from the 6th instant. Mr South appeared for defendant. Edward Kellet, a miner, a cousin of defendant, said that about a week ago when sitting in defendant's private ioom in defendant's store, he heard some one in the front part of the store, and from a conversation that he then overheard, he knew that it was a policeman searching the place for grog, lie heard the policeman ask what was in a little bottle that attracted his attention, and what was in a case, and defendant old him that oil was in the one and flannel n the other. The defendant did not lose m temper, but spoke very civilly to the constable, and there was no scuffling >r noise to indicate that he was being resisted in any way. By Inspector Broham — Witness had no snare in the 3tore, but he and defendant were both interested in a water-race together. Heard the policeman ask to be allowed to outer the private room. Constable Gilleson on the cross-examination of Mr South said that he had not entered the store, because when he attempted to do so the defendant had pushed him back. The receipt for ten shillings received for the registration of a dog, was written by witness on his knee outside the store. Defendant said that he would not admit witness, because he could not be sure that he was a constable although he had on an uniform, unless a warrant were produced. Did not ask witness to allow him to enter the sitting room. Mr South in commenting upon the evidence said that the testimony of Edward Kellett could not be discredited, and his client was entitled to discharge. His Worship dismissed the case. Larceny. — Samuel Bryson and John Brady were charged with stealing a quantity of plates. Constable M'Guire deposed that from information received, he was induced to follow the two prisoners distance up Revell-street on the evening of Wednesday. Bryson was carrying a bag upon his back, and upon witness overtaking them he asked therm to show him what was inside the bae, which he then found to be half filled with plates. The prisoner Brady was carrying three plates in his hand, and witness arrested both Bryson and Brady. Witness afterwards compared the plates, with some in Messrs Parker and Garside's store, and found that they corresponded. Witness then, from further information received, went to the White Horse Hotel where he found two dozen more plates precisely similar to those already taken from prisoners. G. B Gibson, proprietor of the White Horse Hotel, said that the two prisoners were in his house At 12 o'clock on Wednesday, when Brady offered to sell him two dozen plates, saying that they belonged to Bryson, who had bought them to take to Okarita but had since altered his mind. Witness then purchased the plates. Stewart said that he was storeman to Messrs Parker and Garsides. A crate of plates had stood outside ' the store for several days, and upon looking at it this morning he found that it had been broken open and a large quantity of the contents abstracted. Had brought two of the plates with him to Court. (These were now-compared with those taken from the prisoners and those obtained from Mr Gibson, and were all found to match). Witness had not sold any of the plates to the prisoners. The value of those produced in Court was 425. Inspector Broliam informed the Bench that both the prisoners had but recently been released from gaol. His Worship sentenced each of them to four months imprisonment with hard labor. Assaulting a Constable. — The same prisoners' were also charged with and resisting a constable in the execution of his duty. Constable M'Guire deposed that when he arrested the prisoners they refused tc to quietly to the lock-up, and struck anil icked him several times, until Mr Casey, of the Ballarat Hotel, when called upon by witness, came to his assistance. The magistrate sentenced each of the prisoners to fourteen days hard labour. Larceny. — William Norton was brought up charged with stealing a pair of boots oi the value of 15s. Sergeant O'Donnell said that he arrested the prisoner with a pair of boots under hit coat on Wednesday evening, a little above the hospital, and on questioning him, was told that he (prisoner) had purchased the boots for 10s. On the way to the lock-up prisoner endeavoured to get rid of a piece of paper he had in his hand, but witness prevented him, and found that it was a ticket with 15s. 6d. marked on it. Stephen Curtis, a bootmaker, deposed that he had exhibited several pairs of boots outside hie shop in lievell-street North, and on sergeant O'Donnell calling on him, discovered that a pair of boots had been taken away. The paper produced was a ticket in witness's handwriting, and had been attached to the pair of boots stolen. The prisoner said that he had bought the boots from a man in a public-house for ten shillings and two drinks. His Worship remarked that the prisoner was an old offender, and advised him to be more careful from whom he bought anything in future. Sentenced to four months imprisonment with hard labour. CIVIL CASES. Webster v.Bolton— A claim of £26 Is 5d balance of account for goods sold and delivered. Judgment by default for the amount claimed and costs Bs. Dunning v. Pain— Mr Campbell for plaintiff and Mr Oakes for defendant. An action to recover the value of 43 cases fruit shipped by plaintiff's agent in Melbourne by the South Australian, part of which consignment had been delivered at Nelson and Dunedin instead of at Hokitika, and the remainder kept so long aboard as to render it unfit for sale. , The plaintiff deposed as to the above facts. Edward Pryse Houghton, merchant, said that he was agent of the South Australian, but in October last when the fruit was shipped, Messrs Morison, Law and Co. were the agents of that vessel. Mr Oakes stated that the managing roan of Morison, Law & Co. was away from Hokitika at present, but would return in a day or two and asked for an adjournment. Case adjourned till Tuesday next. Edwards k Co. v. Davis — An action to recover £18 9s balance of account for board and lodging. Judgment for £8 95,. and costs 15s.

Angus v, Taylor — An action to recover £26 10s, balance of account for goods sold and delivered. The defendant submitted that the Court could not deal with this case as the debt had been contracted five years ago in Victoria. His W orship re- • marked that he knew of nothing against his dealing wilh the case, and gave judgment for the amount claimed, and costs 15s. M'Leod v. Cameron.— Mr Campbell for plaintiff and Mr South for defendant. An v action to recover £56, balance of money order given as security for payment of goods and tools supplied by defendant to plaintiff. The plaitiff in this case deposed that the greater portion of the goods charged for by plaintiff had been delivered to a Mr Rowe, who was not connected in nny way with plaintiff, and did not obtain the goods on his account. The defendants counsel proved to the Court that Bbwc was a partner of plaintiff when the debt was contracted, and his Worship gave judgment for defendant with costs, re- ■ marking that the plaintiff had been guilty of making several false statements when in the witness-box. Costs, 245; one witness, 355 ; professional costs, £5 ss. Chesney v. Britton.— An action to recover £25 Is 6d, balance of account for goods sold and delivered. Judgment by default. Costs, 17s. Patterson v. Gibson. — Mr Oakes for plaintiff, Mr South for defendant. An action to recover £37 10s, amount of wages alleged to be due. It was proved on behalf of defendant that plaintiff. ha(l not been engaged to work for defendant, but had been taken in by tho latter out of charity, until the former could find em- . ployment. Judgment for defendant with costs, 235 ; one witness, 10s ; and professional costs, £8 3s. North v. Zealand— An action to recover • £3 6s for loss sustained on 33 dozen eggs. The plaintiff deposed that he had bought from defendant 120 dozen eggs at 2s per dozen, and the next day discovered 33 dozen of them to be rotten, of which he at once gave defendant notice. The defendant, captain of the Thane, said that the eggs had been counted out to plaintiff when he purchased them, and those that were found to be bad were thrown away. , Judgment for plaintiff for amount claimed. Costs 7s Rooney v. Griffiths — Action to recover £100. Adjourned to 15th March. Angus v. Wildridge— Claim of £21 10s 2d. Summons renewed till 15th March. Deverig v. M'Mullin — An action to re-, cover £28 ss. Mr O'Loughlinfor plaintiff/ Mr South for defendant. The evidence in this case was conflicting, the plaintiff stating that an amount for which defendant prouced a receipt, had been paid on an account separate from that sued upon, and the defendant asseverating to the contrary, His Worship gave judgment 'for the defenda.it, Costs 20s, witness, 10s., professional costs, £3 3s. The Court then adjourned till 11 o'clock Friday morning.