RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 252, 13 July 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

("Before G. G. FitzGerald, R.M.)

Drunkenness and Disorderly conduct. — Jeremiah Smith was charged with this offence. Mr Harvey appeared for the prisoner. Sergeant Clements stated that he arrested the prisoner in Revell street close to the Empire Hotel. Ho was with several other men at the time, and creating a disturbance. The sergeant had, previous to his arresting the prisoner, been told by Mr Binney that Smith had gone into his auction room and conducted himself in a disorderly manner. Mr Biuney was called and corroborated the sergeant's evidence. Mr Harvey, for the prisoner, did not consider the disorderly conduct had been proved, and contended that the Bench could not take cognizance of the prisoner's conduct in Mr Binney's auction room or after his arrest. Mr Inspector Broham applied for a remand until to-morrow to enable him to produce witnesses in support of the sergeant's evidence as to' the prisoner's disorderly conduct, Smith in the meantime to be admitted to bail.

Drunk and Incapable. — Alexander Thomson was fined ss, or in default, 24 hours imprisonment with hard labor.

Joshua Horton, on remand from yesterday, on a charge of assaulting the police, was remanded until the. lßth., the constable being unable to attend in consequence of the injuries he' had received at the hands of the prisoner. Larceny. — John Acheson Carr (formerly a constable in the police force), brought up on remand from Greymouth, charged with stealing two pairs of riding pants, a cross belt aud pouch, and four revolvers from the "police barracks, Hokitika, on the 10th May last, was further remanded until the 21st at the request of Mr Inspector Broham. The prisoner applied to be admitted to bail. The magistrate said he would consider the appplication.

Larceny. — Thomas Reeves, on remand from the 3rd instant, charged with being implicated in the robbery of the gold from the bank of New Zealand at Okarita, was further remanded until the 21st instant, at the request of the police. Mr Broham stated that the agent of the bank had been subpoened to attend. The Magistrate informed the prisoner that in the event of the agent arriving before the 21st, he would be brought up. CIVIL CASES. MTherson v Eddie — The plaintiff claimed to recover L 25, the balance due to iiim for twenty-five weeks' wages as cook, at L 3 per week. Mr Rees appeared for the plaintiff, and Mr- Button for the defendant. The defendant had filed a set < off amounting' to Ll6 4s. Plaintiff admitted L 8 of the set-off, and had deductel it from the L 33 due him for wages, making the amount now sued for, L 25. It appeared from the plaintiff's statement that nothing definite was settled a« to wages when he was engaged with the defendant in the capacity of cook. The plaintiff had always had great difficulty in obtaining any money from the defendant. The rate of wages about " Donoghue's " was from L 3 to L 4 a week. John Russell had seen the plaintiff employed in the capacity of cook at Eddie's store, where people were in the habit of calling and having their meals. M'Pherson used also

to take charge of the store in defendant's absence, which frequently extended over four or five days. He' (Russell) was in the receipt of L 3 10s a week from the defendant as a packer. The defendant stated that he had agreed with the plaintiff for 30s a week, aud that the goods and money mentioned in the set off had been supplied to the plaintiff. The Magistrate considered L 3 a week a fair rate, and gave judgment for L 24 7s 9d, deducting L 8 12s 3d, the poition of the set-off he allowed, from L 33 eleven weeks' wages at L 3 per week.

Bevoridge v. Sale — The plaintiff claimed to recover the sum of L 45, due partly for services rendered to the Government; for repairing and looking after a boat at Bruce Bay ; for services rendered to the Survey department; and for salvage claimed for saving the Government pilot boat from drifting over the Hokitika bar on the Ist of August. The evidence of the plaintiff and his witnesses was taken, but the case was adjourned until the return of the Bruce, as the Captain and the mate were important witnesses for the defence. We withhold our report of the case until the evidence for the defendant shall have been heard.

Bank of New Zealand v. Strachan and Haworth. — Mr Button for .the plaintiffs. Judgment was given for L 27 25., balance of overdraft.

Sequestrator of the estate of Lyons & Prince v. Mrs Wills. — The plaintiff claimed to recover the sum of LSB 17s lOd, for poods supplied. Mr Button appeared for the plaintiff, and Mr South for the defendant. The defendant had paid the sum of L 4 11s, the amount she considered herself indebted to the estate of Lyons and Prince, including the costs of the Court, Bs. The defendant produced a receipt for L 54 14s lOd, for the greater portion of, the goods the subject of this action. i\. judgment was given for the amount paid into Court, with costs. Oakes V. Lyons and Prince. — The plaintiff claimed to recover the sum of L3l 19s 4d, for professional services. Mr Button appeared for the plaintiff. Mr Lyons, one of the defendants, stated that his partner, Mr Prince, had been furnished with a similar bill of costs some time ago, and had forwarded them to Mr Garnck, of Christchurch, to be taxed. The case was adjourned until the 19th inst, to allow the defendants to communicate with Mr Garrick.

Moffat v. Whitford.— This was an action forL99 11s, for meat and sheep supplied. Mr Rees appeared for the plaintiff, and Mr Button for the defendant. Judgment was reserved in this case until today. The Court was then adjourned until this day. The following cases are ait down for hearing this day. Hewett and others v. Bartlett. Halcross v. Donaldson and party. O'Loughlin v. Nees. Pole v. Learmont and Gibson. Ivekhort v. Kofahl.