RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 287, 24 August 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitsGcrald, Esq., R.M.)

Thursday, August 23.

Committing a Bkkacii of the Peace. —John Brown was fined 10s for nghtinoin Uevell street, or in default to be impri° soned for 24 hours.

Drunkenness and Disorderly Conduct.—John Curtis was fined 5s and 15s respectively, or in default 48 hours' imprisonment with hard labor.

Lunacy.— Jeremiah Murphy, on remand from the 20th instant, charged with bein«of unsound mind, was discharged. ° Drunk axd Incapable. — George Macnunara was fined ss, or in default 24 hours imprisonment.

CIVIL CASES.

Solomon v. Kelly— Adjourned until August 30.

JM'Gorman v. Green — This caso was heard on the 22nd instant, when judgment was reserved. His Worship gave judgment for the plaintiff, this morning, with costs.

Davis v. Anderson and Freeman—Adjourned until September 6. O'Driscoll v. Courtney— For timber. Judgment by default fqr L 24 lq Bd, with costs,

Kanieri Tramway Company v. Barry and Co. — Adjourned Until August 30. . Robinsoti v. Ilorneck— Adjddriied itntil August 3Gi . , Horneck v. tlobirison— Adjourned until August 30. , . , ..,,-.. De\\olf v. jpne^Settled oiU of Coij*t. ljailhe and Humphrey v. M'Nairn — For goods supplied. Judgment by default for L 43 Od 3d, and costs. llildeb»-and and Webber v. Constantine —For meat supplied. Judgment by de* fauty, for L7B 12s 4d, with 6oaii, Same V. ftdUteher, M'liean* arid Co.— Paid ittio Court. j[n,,th£ edsjig of-.Rae, apd.-. jack v^ltyan and Le\vis> Th'omfeon v. Mitchell, Soloman and Co. v. Lewis and Benjamin, Paul v. Heslop, Chesney v. Beattie and Good, there was no appearance of plaintiffs or defendants.

Allen v. Roberts. — Mr Dodd appeared for the plaintiff, and IVtr Button for tile defendant. This was an aetioii brtidghb tti recovfei' the sura of ti43 138^ being a deposit paid fdr the pur&hase 4f the old Premises of the Bank of New Zealand. The plaintiff proved th'dt be purchased the defendant's right to the sections, and on making enquiries he found that the sections had been taken off the map. The defendant, on the other hand, proved that he held a business license and a right to occupy until March next, and that he was ready and willing to give possession to plaintiff. Mr Binney Was Calledj and Stated that he was an auctioneer; and had sold to plaintiff the bank's right, title; and interest in Ine property ', that he had pointed out the land to plaintiff, and had given him notice to take possession and complete his bargain^ Mr Cozensj the de"i ; k , 16 trie last witness; deposed to, hiving djrawn out the ipehiorandum .o| s^le,!. Mr I^odd .argued tliat the contract WfU vo|qj As not cdnljjlyirig with the 4th section of the statute of frauds, and that the money could consequently be, recovered* . Mr. Button, -iii reply, argued; tlUt the 4tn, section 3f thilt statute did ndt tender £uch contracts void, but only took away the remedy, and quoted " Sweet v. Lee," in which it was held that a deposit paid under suoh circumstances could not be The Magistrate f.eservdd his decision until tomorrow day); . Jacob Moses v. Francis M'Gruigan — In this case the plaintiff, Jacob Moses, a checktaker at the theatre, sued the defendant for LIOO damages, for an assault committed on the night of the Bal Masque; Mr South appeared for the plaintiff j Mr Reea for the defeijdariti MdaSa tieiag duly sworn, depdsed that he. was engaged by Mr Bartlett, as checktaker,, ,on .the .night in qnesjjiorij and it was. His duty .td exclude any person who \vas wt.th.iiut a. ticket. The tickets of admission wer.e Is 6d each, but tickets of admission to the dress circle^ to view the bajl', .were issued" mt h. OcL; The plaintiff w,»s stationed Rfc ihe pit entrance, and defendant presented himself there and produced a portion of a ticket for the dress circle. The plaintiff then called Mr Smith, architect, who Was standing by, and showed him the check presented .by defendant. Mr SmithMd .M'Crdiga'n that he cdiiid not bte.adriiiti&d •*** jjJi rodni on that check, but that he was to go up stairs. Defendant then attempted to force an entrance, and was resisted by Mr Smith, whoqji he pushed on one side. Plaintiff theft .Stepped between them to prevent M'Q-uigari from" fcntering the ball rttotiX but was kndekud down by him, &nd kicked . four ,or five times so severely, that he wa9 comr pletely disabled ifor a time, left, but returned a .ifeeond tirite with another check, which had not been used at all that night, and on which he again attempted to force an enhance. On plaintiff's ttj prevent his doing so, . he waa agaitv .knocked doWn by M'Guigani-who When lie was down, bit his nose. In consequence of the injuries he received, he had since been unable to perform his duties. Since the issue of the summons, defendant had attempted to compromise the matter. When the assaults were . eonimittedj the plaintiff asked the police to take the defendant in charge, but they refused to do so, directing him to summon him. John Barton, being sworn, said he was a gas fitter at the theatre, and was there on the night in question lie corroborated the plaintiff's evidencls as to" the .assault, and stated that he took the plaintiff's place as dhecktakei when he. was incapacitated by defendant. Morris Hyatri and Charles Stevenson were also" called, and corroborated different portidns of the plaintiff's evidence. Sergeaut B-yter .deposed that the defendant was intoxicated, and that he had put him out of the Theatre three times that night at Mr Bartlett's request, and that on each occasion he was fighting with the checktaker. Dr. Rosetti, being sworn, deposed to the medical features of the case, stating that when plaintiff called on him on the 18 th inst. he was suffering acutely, and strong remedial measures had to be adopted. His nose-, also, presented the appearance of having been Bitten. He thought, however; that in a week Moses wdiild be well again. Mir Eees called the defendant, Francis M'Guigan, who stated on oath that he had bought a ticket of admission to the ball on the night in question, and had lent it to another person, and had asked Moses to allow him to go in to speak to this pei'son, , whereupon Moses struck him, and he (the defendant) returned Ihe blow, and kicked at him once, but couid not say whether he had kicked him or not. He also denied biting him. Defendant further stated that when he returned a second time with his ticket (a ticket of admission to the ball room was here produced by him), Moses again refused to let him in, when a scuffie ensued. He also denied having attempted to get in with a bad check, or having given a bad check to Moses. William Morgan deposed' that he was j present at the fracas, and saw Moses strike M'Guigan first, when a row ensued ; but he did not see M'Guigan kick Moses. C. F. Evereste, being sworn, said that Moses had been on duty every evening since the hall, taking checks as usual, and this witness had also seen him sweeping out the theatre by day. After hearing counsel on either side, the Court gave judgment for plaintiff for Lls damages, and L 9 Ids costs. The Court then adjourned until eleven o'clock to-morrow (this day).

We understand that Captain Milo, of the ketch Falcon, has brought from Blenheim a Chinese gong, for the General Government, aud we believe ifc will bo used in tho House of Representatives instead of the present bell, c&Uiug fop «' dm9ign.-- «" Advertiser. "