RESIDENT MAGISTRATE'S COURT

West Coast Times, Issue 228, 12 June 1866, Page 2

RESIDENT MAGISTRATE'S COURT

(Before G. G. Fitzgerald, Esq., *.t.M.)

Monday, Junk 11. Dhukk and Incapahle. — Henry Rule and John Bagnell were fined ss, or in default 24 hours imprisonment with hard labor. AssA'uiiTiNG a Constable — Arthur Kirk, charged with this offence, was fined Ll,or in default 48 hours imprisonment with hard labor. Drunkenness and Disobdkly Conduct. — Donald S. Prougham, James Smith, Frederick Smith, Chas. Noble, John Murphy, andThos.Gray wore severally fined 5s for drunkenness, and 15s for disorderly conduct, or in default 48 hours imprisonmont. Obtaining Goods by False Pretences. — William Constantine, arrested on this chargo wus remanded till the 20th inst., at the request of the police. WILFUL DESTRUCTION OP PROPBHTY, Samuel A. Wood was charged with breaking a wax figure representing the late Mr. Kinder, exhibited by Mr Quagmire at a show held in Revell-street, on the evening of the 9th iust. Mr O'Loughlin appeared for the defendant, and remarked that the statute provided that the information in cases of wilful destruction of property should be laid on oath, which had not been done in this case ; and further, that as the apprehending constable had not seen the offence committed, he (Mr O'Loughlin) held that he was not justified in arresting the defendant. The Inspector of police, who conductod the prosecution, called the proprietor of the wax-works, Mr Quagmire, who on being sworn, stated that he was on the staivs at the time the offence was committed, and that on hearing a noise he went up into the show-room where he saw the defendant, who remarked " I have done it — my name is Wood." The complainant, on being asked by the Bench what value he placed on the figure, Ue replied L2O. The figure having increased LlO in value since the charge was made at the watch-house on Saturday night. Silas Rice, in complainant's e,mploy, deposed to having seen the defendant knock he figure down with a stick. Mr O'Loughlin read the advertisement,' in which Mr Kinder was put down amongst " tho notorious characters," and remarked that he considered Mr Wood wao perfectly justified in demolishing the figure, and had he been in complainant's position he would have also given Mr Quagmire 1 " one for his nob." . The Resident Magistrate refused to make an order for the payment of the damaged property, remarking that the complainant had his remedy in , a civil action, but fined Mr Wood in the sum of L - , ' '

CIVIL CASES

Shepherd v Mandy. — This case was heard on Thursday, the 7th, when judgment was reserved until the magistrate had i an opportunity of examining Mr O'Loughlin, who on being called, deposed that he was awaro that Mr Mandy had the writ in his possession ; that ho (Mr O'Longhlin) had received the agency fee, Mr Manday being 'his clerk at the time. The Resident Magistrate observed, that as Mr Maudy was only acting as clerk, he clearly was not liable, and gave a judgment for tho defendant.

The Court was then adjourned .until eleven o'clock, to-morrow.