RESIDENT MAGISTRATE'S COURT

West Coast Times, Issue 279, 15 August 1866, Page 3

RESIDENT MAGISTRATE'S COURT

(Before G. G. FitzGerald, Esq., R.M.) Tuesday, August 14. Drunk and Incapable. — John Ramsey was fined 55., or in default, 24 hours imprisonment, with hard -labor. Dkunk and Disorderly. — James Jones was fined ss. aud 15s, respectively, or in default, 48 hours imprisonment. Breach of Police Ordinance. — Harry Hawkesford was "charged by John Kafferty with using language towards him, on the 2nd ult., calculated to provoke a breach of the peace. The charged was fully proved against Hawkesford, who was fined LI, or in default, 48 hours imprisonment, with hard labor. Information. — Jno. Connor was charged by his wife, Frances Connor, with assaulting her on the 10th inst., by "kicking her on the arm, and throwing a plate at her. Mr, Button appeared for the complainant. From the evidence of the complainant it appeared that tbey were anything but a happy couple. They lived in the same house, but kept seperate tables, frequent disputes arising as to who should have the use of the fire. In cross-examination by the husband,' questions were put by him which were a disgrace to both of them. The magistrate interposed, and told defendant if he persisted in putting such I questions he would lock him up for 24 hours. The fact of the assault having been committed on the day in question being proved, Connor was ordered to find two sureties to keep tbe peace for six months, himself in LSO, and two* sureties in L 25 each. Larckny.— George Henry Hill was charged by David McCracken with stealing his tent, which was pitched in the Kanieri township. It appeared that the prisoner also claimed the tent, and that he had been working in the same claim as the prosecutor. The magistrate being of opinion that there was «o evidence to convict the prisoner, discharged him, and ordered that the tent be given up to the prosecutor, but at the same time told the prisoner that if he had any claim to the tent he had his remedy. CIVIL CASES. ' Prosser v. Freeman. — In Ibis case the summons had not been served, and the case was dismissed. , Reynolds v. Hall. — Adjourned till Aug. 21st. Cassius v. Mackie. — Adjourned till Aug. ' 16th. • Levy v. Rosenberg. — Mr Harvey . appeared for the plaintiff, and Mr Button for the defendant. Mr Harvey opened the case, and said the plaintiff aad defendant were formerly partners in the Gridiron Oyster Saloon. On the dissolution it was agreed that the defendant should receive all moneys due to the firm, and pay all debts. Since then Levy had been summoned by a person named Carr, for the value of a crate of fish, .£9, which he had paid. Mr Button denied that tbe fish was

bought on partnership account A witness was called for the plaintiff, who stated that he had sold some of tho fish, and handed the money over" to Rosenberg. Defendant gave a very different version of the story. He stated that it was distinctly understood that the speculation was a private one on the part of Levy, and that they had only been partners of" the oyster business, and the accounts were kept separate. In cross-examination by Mr Harvey, Rosenberg distinctly denied he had received any money from Mr Bartlett for the fish, and further, that there was a small quantity of it left in the shop when Levy went out of the business, which he threw away. Two witnesses were called, and deposed that they were present on theWharf when the plaintiff and defendant had a dispute Jabout the fish. "Levy had been out to the Gothenburg, and purchased some oysters and a crate of fish. Rosenberg refused to acknowledge this portion of the purchase as a partnership transaction, upon which Levy said that he would keep it himself. One of 'the, witnesses corroborated Rosenberg's evidence as to the fact of a portion of the fish being thrown away, and which he (witness) had picked up aud eaten. His Worship reserved judgment until to-day. Hobson v. Smith. — For rent. Judgment by consent for the full amount, 19s, with costs.

Watkins v. Johnson. — For money lent. Judgment by default for L 2 and costs. In tbe cases of Louttit and Co. v. Raintain ; Holmes v. Veith ; Moran v. Eastwood ; Moran v. Thacker ; Jones v. Richardson ; White v. Gillond ; Beaver v. Riordon ; Bracken v. Lindrom ; Ryan v. Knight ; there was no appearance of plaintiffs or defendants. , The Court adjourned until eleven o'clock to-morrow (this day.)