RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 310, 20 September 1866, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., R.M.) TIIUBbDAY, SuiTEMBEIt 19.

DibOKDKiu.Y Conduct. — Sarah Ami Todd was fined LI for this offence, or, in default, 48 hours' imprisonment with hard labor. Refusing to Support an Illegitimate Child. — David Van Iderstein, charged with this offence, had been arrested by the police, at Ilokitika from a description given of him in the New South Wales "Gazette." The defendant admitted his identity. Mr Button, who appeared for the defendant; contended that the police were not justified in arresting Van Iderstein in New Zealand from a description given of him in the " Gazette " of another colony, but that a warrant only would have justified such steps being taken by them. The learned counsel ulso held tbat the New* South Wales " Gazette,'' produced by the police, could not be received as evidence in a court of justice here. The Magistrate refused to make any order- in the case, and discharged the defendant. Larceny. — Isabella Johnston, on remand from the 18th inst., on a charge of stealing a five pound note, the property of one Thoma3 Loughnan, was to-day discharged, the evidence failing to substantiate the accusation.

Escaping from Legal Custody. — Patrick Downs was next placed in the dock to answer to this charge. George Dale being duly sworn deposed that he was the gaoler of the new gaol, Ilqkitika, and that the prisoner Patrick Downs was sentenced at the last Criminal Sessions of the Supreme Court to six months' imprisonment with hard labor, on a charge of "assault with intent to do. grievous* bodily harm.' 1 The witness produced the warrant, and stated that at one o'clock on the afternoon of the loth inst, when the hard labor gang were going out to work, the prisoner was present, and answered to his name, but that shortly afterwards it was reported to witness by one of the warders, that Downs had made his escape. John Kicld deposed that he was chief warder at tho Hokitika gaol, and that on ' missing the prisoner Downs, he afc once gave information to the gaoler. The prisoner at the time was not in witness 1 charge. Martin Ca3hion stated that he was a coustable of police, stationed at Hokitika, and arrested the prisoner about half-past seven o'clock on the morning of the 18th inst, on the track -between Ilokitika and the Kanieri. The prisoner expressed his regret at having broken the gaol, and said that it was his intention to have given himself up when he returned his clothes. The magistrate committed him for trial at the ensuiug criminal sessions of the Supreme Court. There were only three civil cases set down for hearing. The amounts in two of them had been paid into Court, and in the third there was no appearance of either plaintiff or defendant. The Court was then adjourned until eleven o'clock this day.