RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 188, 26 April 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

' (Before G. G. ttitzGerald, R.M.)

Wbdnbsdat, 25tu Apjtb. Drunk akd ikcAPAtttß,— -Catharine Werner was fined lds.j dr twenty-four hours imprisonment. Lunacy.— Alexander Williams was charged with being of unsound mind. The magistrate remanded the unfortunate man, for further medical examination, until May 3rd. Obtaining Monjby uxd*b Famb Pbktbnces. — John Burnett, who had been remanded from the previous day, was again brought up. The case had been" postponed m order lo tibtaiti Ihe attendance of a witness named John Levi. This person was now in attendance, and, being sworn, said he was a general dealer, residing at the Grey. He had known the prisoner twenty years; had occasionally bought goods with him. On the sth of April prisoner and witness bought somfe spiced beef together for £lll3 1 he told prisoner he would have to find his share of the 1 inbhey. Witness had received £6 on account, and believed prisoner had told him that the money had been lent to him by Silberberg. A few days after prisoner fave him another £5 note ; this he laid he ad borrowed. Assault with Intent to do Bodiw Harm. — Christopher Reynolds was charged by Thomas Campion with this offence.; Mr Johnston appeared on behalf of the prisoner. Thomas Campion said he was a miner, residing at the Kanieri> in the same hut, and working in the same claim with the prisoner, who was, a ihareholde^ he himself was on wages. On the 21st instant, after returning from work, prisoner and himself had an argument ending in high words; witness] consequently went up into the town, and happened to meet prisoner in a baker'e 1 shop ; he called the baker out and had a drink or two in Ryan's public-house. Prisoner then challenged him to wrestle, and while doing so kicked him on the shin, and knocked him down, and kicked him when down ; when getting up, he further drove his fingers into witness's eyes; when, catching hold of his hand to stop him, prisoner bit his fingers. They We're then parted, but afterwards met again, when prisoner again struck him, and they v closed, witness knocking prisoner down. They again separated, and witness was going in the direction of his hut, when he received a severe blow on the head which stunned him, and when he recovered his senses next morning a man named Gillies, who had witnessed the assault, was with him. Dr Anderson had' Bince attended him. He had been unable to work since Saturday night. He believed the prisoner was sober, Crosss-examined by Mr Johnston : Was not drunk when assaultedj; did not challenge prisoner to fight; never attempted to strike prisoner with stones ; had not a stick in his hand when he went into t4e hut. D. A. Gillies: This deponent said he was present at the wrestling, and saw the prisoner afterwards drink with prosecutor j saw them subsequently fighting, and separated them. Acconipanted prosecutor towards the hut where he lived ; on the way they met the prisoner, who knocked prosecutor down; prisoner and himself then went towards home. Prosecutor overtook them, and another quarrel ensued, prosecutor knock*' ing prisoner down ; in retaliation prisoner picked up a large stone and struck prosecutor on the head with it; prosecutor with difficulty got up, and went into the town, while witness went home. Some time afterwards two men brought prosecutor home ; he- called prisoner a coward, whereupon prisoner knocked prosecutor off the bed where ho was resting, and both strugglep on the floor. Prisoner after about three minutes got up and went outside, prosecutor following him ; the prisoner took up an axe and raised it as if to strike prosecutor; some of the crowd standing by took the axe from him. Both prisoner and prosecutor were worse for liquor. A constable then came up and arrested prisoner. Cross-examined by Mr Johnston : Had known the prisoner three months. Heard prisoner advise proaecu- , tor to go to bed, previous to knocking him down, while he was sitting on the bed. William Blanc, sergeant of police, said he b&w a man lying on the floor of a hut, insensible, and his face covered with blood; saw prisoner pick up a large piece of wood and go towards where prosecutor was lying ; he took the stick from him, and, from information repeived, immediately afterwards arrested him. Cross-examined by Mr Johnson : Could not say whether the prosector was drunk. Shadforth Anderson, M.D., said prosecutor had come to his house to have his wounds dressed; witness described the wounds, and said the fingers were bitten ; could not say he was out of danger, and thought he would lose big finger. Cross-examined by Mr Johnston : Could not say whether prrosecutor was drunk or not when he came to have his wounds dressed. The injuries could not have been caused by falling. By the Court : When the prisoner came to my house he was by himself. The prisoner pleaded not guilty, and was committed for trial at the next seisions of the Supreme Court. CIVIL CABEB. Clarke and Co. v Mulholland and Christie— For goods sold and delivered. Judgment by default for £14 17s 2d, and costs, 6s. Marks and Co. v Williamson— For goods sold and delivered. Judgment by default for the amount claimed, £8 16s 9d, and 4s costs. Harnett and Co. v Parker—The plaintiffs sought to recover the sura of £2 9s, due for advertising in the West Coast Times. Mr Shaw (of the firm of Harnett and Co.") stated, a person had brought an advertisement to tne office and requested that it might be inserted in the paper, stating that Mr Parker would pay for the advertising. Mr Shaw refused to do so. He afterwards met Mr Parker, and he promised to pay for the advertisement for one week. A witness was called by Mr Shaw who also stated that Mr Parker had promised to pay for the advertising for one week. Mr Parker sworn, said he had promised to pay for one insertion, but not for one week's advertising. Mr Fitzgerald gave judgment for the full amount claimed, and costs, 7s. Robinson v Wilson— The plaintiff sought to recover 10s 6d, the balance due on an I 0 U for £1 8s 6d. Judgment for the amount claimed, and costs, 7s. Young v Condell— For goods sold and delivered. Judgment by default for full amount claimed, £l 17s sd, and 9s costs. Parr v Flowers— This was an action to recover the sum of £10, for damage done by defendant's hor«e» to plaintiff's garden.

The plaintiff stated, three of defendant's horses got into his garden and destroyed plants,&c; to the value of £10 ; and also, that the garden was securely fenced. A witness was. called; who corroborated plaintiff's evidence, and said he considered #10 was no more than plaintiff was justly entitled to. The defendant sworn, said he considered £10 an overcharge, and that he had offered the plaintiff compensation. ' The Magistrate gave judgment for the full amount claimed, and costs, 15s. Bracken v Evereste — For board and lodging. Judgment by default for the full, amount claimedj and Costs; 9s. t Bricken v Sigalski— For board and lodgJ mg.' Judgment by default for £&}& } and CO3tS, 7S. Greer v Thomson~Mr Macgregor ap pe'ared for the defendant. Mr Hitchmough, managing clerk to F. Greer, agent of the steamer Bruce, appeared for the plaintiff, and claimed to recover the sura , of £\s,i due partly for passages to and frdhi Ofc'arHa pet steamer Bruce j and partly for freight of three jars of paint per schooner Kate. Mr Macgregor, for the defendant, read an affidavit, which stated that the defendant had been served with the summons just as he was leaving Hokitika in the John Mitchell, and asked for an adjournment of the case until his return, as he had a good defence on its ! merits. Mr Hitchmough objected to the ' adjournment, and said he had applied to M Mr Thomson for settlement df the &6~ count, which 1 .he had promised; find that ii wad only on his hearing that he" was goin^ I away — not having paid the account — that he issued a summons against him. The ; application was refused ; but Mr Macgre- 1 gor objecting to evidence unsupported by ' the office books, an adjournment was granted until this day, in order id aildtf Jiim to procure them 1 ; „ , i > < In tile cases of Powell v Turner, M'Quilkin v Flanigan, Tuvnbull and Co. v captain of the schooner Elfin, there was no appearance of plaintiffs or defendants. The Court was then adjourned until eleven o'clock this day. The following list of civil cases is set down for hearing this day t Trustees of the estdte of M'Learl and Co; v Lloydi Tnggart and Co; John fox and Co. t Chnstenson j Maclean, Fisher and Co. v H. Marks and Co ; Milne v Wake ; Hamilton v Skinner ; Marks and Co. v. Malony ; same v Fitzgerald ; Harris and Co. v Rich ; Cassius v Little and Smithers ; J Bryce v Medard ; Coote and Co. v Cham- -^J bers and Co ; Throckmorton v Scherif ; .* Manuel v Goodman j Sullivan v O'Connor) 1 South V Sldan { Magner v Carroll 5 Oakei v Aikraan ; Ilarnett and Co. v Thurmott ; Campbell and Co. v Layton; Marks v Tithe ; Bentley v Freemen aud Bolger ; Harris v Owens ; Harnett v Alcorn 5 Cassius and Co. v Gray ; owners of s.s. Chal- ! lenge v Moss and Ratston ; Coote and Co. v Louttit ; same v Throckmorton ; Bentley v Lewis 5 F. Greer v Thomson ; Jackson v Moss ; Tracey v Kelly.