RESIDENT MAGISTRATE'S COURT

West Coast Times, Issue 253, 14 July 1866, Page 2

RESIDENT MAGISTRATE'S COURT

(Before G. G. FitzGerald, Esq., E.M.) Fbiday, July 13, 1866.

Drunk and Incapable. — Alexander Thomson an old offender, who was only yesterday brought up and fined 5s for this offence, was ordered- to find sureties to be of good behaviour for two months ; himself in £50, and two sureties in £25 each, or in default, to be imprisoned for two months. Frequenting a Public Place with Intent to Commit a Felony. — William Davies, with four or five aliases, was charged, with being the associate of thieves and felons. Sergeant Dyer gave evidence of the fact of the prisoner having be,en sentenced two or three times in Otago as well as Invercargill. Prisoner was" discharged with a caution. Wilful and Corrupt Pehjury. — Georg Henry Chamberlain, brought up on re ft mand from the 4th instant, was furthe. remanded until the 21st instant, at th r request of the police. The prisoner wa P also remanded on another charge, of larceny from a dwelling. Chamberlain ap

Pjied to be allowed to see the informationThe magistrate informed him that rio in-* formation had been laid; that he had been arrested on a warrant charging him with perjury. The prisoner stated tnat he was not aware what the particulars of the second charge made against him for larceny were until he was informed by the gaoler. An information was ordered to be laid at once, which was shortly after read by Mr Fitzgerald to the prisoner, and charged him with "feloniously stealing four revolvers and revolver-cases, from the Police Camp, Hokitika, on or about the ninth day of May last past."

Jeremiah Smith, on remand from the 1 2th, to enable the police to produce witnesses in support of Sergeant Clementa' evidence as to the prisoner's disorderly conduct was next brought up. Inspector Broham called the gaoler, Sergeant M'Myn, who said that - Smith was brought to the watch-house by Sergeant Clements, and that he was then 'most decidedly drunk and disorderly. Constable Wood, called, deposed to having seen the prisoner in the street drunk and shouting, and that there were several people following him. Witness did not see the prisoner arrested but saw him in the Camp in charge of Sergeant Clements about a minute after he had seen him in the v street. The constable in answer to a question put by Mr Harvey, who appeared for the prisoner — why he did not arrest the prisoner when he saw him in the street —replied that he had only been in the force a fortnight, and that he did not wi3h to incur the responsibility of arresting the prisoner. Wm. Cozens was called, and corroborated Constable Wood's evidence. Mr. Harvey called two or three witnesses for the defence, who stated that they were with the prisoner, and that his conduct was not disorderly. Dr. Wheeler and a person of the name of Fox, deposed to having left Binney^s auction room with the prisoner, and were with him up to the time of his arrest. In fact they were all three arrested, but no charge was entered at the watch-house against Wheeler and Fox. They denied that there was any disorderly conduct either on their part or on the prisoner's. Fot complained of the conduct of the police, and accused them of striking and half throttling him in the watch house. The Magistrate did not consider the rebutting evidence evidence sufficiently strong, and fined Smith 5s for drunkenness and 15s for disorderly conduct, or in default forty-eight hours' inpriaonment with hard labor.

Assault. — Robert Haslam was charged by John Connor with assaulting him on the 9th instant, by striking him with his fist in the face. It appeared that both complainant and defendant were in fault. Connor called Haslam a liar, and shook his fist in his face, upon which Haslam struck him. Mr O'Loughlin was called, and stated that he had seen them quarrelling, - and that Connor appeared very anxious to have a set-to. The Magistrate dismissed the information.

Horsb Stealing.— Thomas Bray was charged with this offence. First witness called was John lon, who said — He was a miner, residing on Maori Creek. Remembered the month of April, 1865. In that month he turned a mare out to grass in a paddock at the Teremakau. Saw her about two months afterwards. Six months later went to the paddock to search for the mare, but could not find her* Searched again a few days later, but without success. Witness next saw'the mare at Greymouth in the hands of the police. The one outside the Court, and the one he turned out to grass are the same. He valued her now at Lls. He had given L2O for her. Did not know the prisoner. Never authorised him to remove the mare from the paddock. Witness then described the marks on the animal. He had given Joseph Growling permission to take the mare, but had received a reply that she could not be found. Thomas Slattery said he was a Sergeant of Police in Hokitika. He knew the prisoner, and arrested him in March last at the Otira, for stealing a horse, the property of a man named Peter Watson. Prisoner asked to be allowed to ride his own mare into Hokitika. His own mare eventually turned out to be some one elses. Prisoner, when asked for a receipt told a "cock-and-bull" story to account for his possession of the mare. Prisoner was then remanded until the 16th July, inst.

Obtaining Goods by False Pbetences. — Martin Colyer was charged with obtaining certain timber, valued at Ll 11s 6d by fraudulent pretences, from Messrs. O'Driscoll & Co. Alexander [ Hungerford said he was a timber merchant, in Beach-street — On the 22nd June la3t the prisoner came for timber for Mr Barrett, it was given to him — receipt signed by prisoner produced. The bill is made out in Mr Barrett's name". Would not have given the timber to prisoner if he had not told him it was for Mr Barrett. A bill was given to Mr Barrett, and he refused to pay it— Ll 11s 6d. By Mr Button — Had not seen any bill made out in prisoner's name. John Barrett being called, said — He was was a licensed publican in Hokitika, that he had authorised the prisoner to order not only the timber now in dispute, but also paint and other articles for which he (Mr Barrett) had paid. The prisoner was of course discharged, there not being the slightest foundation for the charge. CIVIL CASES. Hewit and' Shea v. Bartlett. — Mrßutton appeared for the plaintiffs, and Mr South for the defendant. The plaintiffs sought to recover the sum of £52 7s. 6d. from the defendant. It appeared the plaintiffs had taken a contract from the defendant for the building of a cottage, for which they were to receive the sum of eighty-five pounds (£BS) ; certain alterations were made in the original contract, and extra work performed, for which they demanded £32 7s. 6d. The specifications stated that the work was to be paid for on the approval of the architect, Mr Smith. Mr Bartlett paid them two sums, amounting toL3O, without Mr Smith's certificate, owing to his being at the Grey. A further sum of L 35 was paid plaintiffs on the certificate of Mr Smith. The defendan paid L 36 Is. 6d. into Court, being L2O due on the original contract, and Ll6 Is. 6d. allowed for the extra work performed. Mr Smith was called, who considered the amount allowed for extras was ample, and stated that the work forming part of the original contract had not been passed by him. Judgment was reserved until to-day. Halcrow v. Donaldson and party.— -Mr Button appeared for the defendants. Judgmen for L 5 and costs — damages. O'Loughlin. v. Nees.— Mr South ap-

peared for the defendant. Judgment for LlOd, and costs, for prof essibnal services ; execution not to Issue for fourteeii days, as it is the 1 intentidn of the defendant td have plaintiff's bill of costs taxed. In Moffatt v. Whitford, captain of the Lioness, the magistrate being of opinion thnt the transactionjwas a private one, and had nothing to do with the vessel, gaY judgment for the amount claimed, L 99 Use and costs. # The Court was adjourned until eleven o'clock this day.