RESIDENT MAGISTRATE'S COURT, (Before G. G. FitzGerald, Esq., R.M.)

West Coast Times, Issue 332, 16 October 1866, Page 5

RESIDENT MAGISTRATE'S COURT, (Before G. G. FitzGerald, Esq., R.M.)

Monday, October 15. Edward Reeves was charged with being drunk and incapable. The prisoner pleaded guilty, and was fined ss, or in default of payment 24 hmrs' imprisonment. The prisoner was then charged with the destruction of Government property, valued at Ll. Constable Cooper proved the destruction of a Government can. The prisoner denied the charge, and pleaded his incapacity from the effects of incapacity from the effects of intoxication. His worship mulcted him in the sum of 10s, or in default 48 hours' irnrrisonmenl.

James Bernard was charged with ..being drunk and incapable, and also'with disorderly conduct. The charge being proved, prisoner was fined 5s for drunkenness and 15s for disorderly conduct. The prisoner was then charged with the destruction of a certain can, being the property of the Government. On being asked" what he 1 had to say, the prisoner declined offering any defence. His Worship iined him in the sum of 10s, and ordered him to pay an additional 10?. being half the value of the can. Jn default of payment 48 hours' imprisonment.

John, Burke ami John M'Naniarra were charged with the Avilful destruction of private property, valued at LlO. Miss Banz, being sworn, deposed that the prisoners visited her place in. company on Sunday nightlast, ataboutthehour of 12 p.m. They called for drinks, and after having remained short time in the nouse they commenced creating a disturbance. Prisoner Burke was most insoleut, and witness requested some persons who were standing in the bar to turn'him out, whereupon he (prisoner Burke) commenced throwing stones and other dangerous missiles, 'one of which smashed a- window, broke the swing -lamp, and damaged one of the door*. ' There was al-.o another lamp broken by prisoner Burke— it was a lam> that wai standing on ' the table in the Mlling-room. The stones were thrown with great violence. The stones now shown to witness resembled those thrown by Bnrke. By Burke —I am sure that it was yourself and fiiend who created the disturbance. I saw you throwing stones. I am positive that you are the man. You appeared to be very ' quarrelsome* Re-examined — Prisoner, M'Namarrawas merely fighting. He did not insult me. I did 'not see him break anything— he was, however, fighting. Frederick Nelson deposed that he was in the hotel when the prisoners made their appearance. They created a disturbance shortly after their arrival. Prisoner Burke was very violent.-, and had to be forcibly ejected. Witness saw prisoner Burke throwing stones and oilier missiles. He saw the sign Limp ; it was broken, and bore indications of rough usage. The doors were also broken, oi; damaged more or l( j s3. Witness did not see the prisoner M'Namarra throwing any stones, but he was. quarrelling, and inciting prisoner Burke. The prisoners respectively declined asking the witness any questions. Sergeant "Fay deposed that ' lie was a sorgeant;in the llokitika olice force. In consequence o f hearing a disturbance, he ♦proceeded to the Tarrance Hall Hotel on Monday morning last. Saw that the' sign* lamp had been broken, and upon his entering' the hotel 'liscovored that the , doors had suffered material damage, as though they had been broken with stones. * Found the stones (produced) in the sit-ting-room, and he also saw a quantity on the foothpath. Cross examined by Burke — He was not aware "of the door having been broken for some time past. He would uot -swepr.positively that tho door has not been broken for some time past> The prisoners, in their defence respectively, said that they knew nothing about the inatler, as they were drunk when they went into the hotel, and they expressed their sorrow for the'iniuries arcd. damage that they had committed. His Wor.-hip i\ned prisoner Macnamarra L 2/ or, in default, 4 days' imprisonment. With reference to prisoner Burke, in* must say that he (prisoner Burke) seje.neu determined to commit injuries, and he would therefore fine him in the sum of L 5, for the wilful destruction of the property, and would also ordfer him to pay "LlO in addition, being computed value of the propcty destroyed. In default of payment, 7 days' imprisonment. » Prisoner Burke was .then charged' with larceny of. a pipe, valued ht Ll. Carle Yorke, the proprietor of the Empire Hotel* Kanieri, being called, stated tliat the prisoner was- in his house on Sunday evening last. The prisoner obtained admittance to the house by"" breaking through tho window. When the prisoner" went into the room the pipe was on the manttl- piece. Witness \vould not swear that the pipe produced was the same as the one on the mautel-ptcce. He saw prisoner take the pipe from off the mantel-pie^e. Crossexamined by prisoner — I did ri<>t complain as I thought you (prisoner) had merely taken the pipe in a lark, By the C%nrt— I am certain tjhat prisoner effected his en- , trance by the window. "^A constable was then called, and the prisoner elicited that, he, the prisoner, had a pipe strongly resembling the one produced. His Worship said that he would discharge the prisoner, as he thonghtthat the charge had not been proved, and he would, therefore, give the prisoner the benefit of the doubt.

Prisoner Burke was then charged with the destructior of private property Carle Yorke being sworn,- deposed that he was the proprietor of the Tarahce Hall Hotel. The prisoner was in his place on Monday morning. He got into' witness' house by means of breaking through the window. He did not authorise him to do it. It would cost witness' Ll to repair the dame. The prisoner hud nothing to, urge in his defence"; he was therefore fined Ll, or in default of payment 48 'hours,' imprisonment. ~ „ ' Michael Rolgy was charged .with knocking at the door of the City of Melbourne Hotel, thereby disturbing the inmates. Sergeant proved that the prisoner was knocking at the door when he (witness) met him. The inmates 'desired the witness to remove him. Prisoner was very drunk, and making a great noise.- The prisoner stated that he had just arrived in town when the Sergeant of Police accosted him. He was only knocking at the door, as he wanted a btd. His Worship fined the prisoner L 2, or in default of payment four days' imprisonment. 'Ihe prisoner said he would not pay the money, where- , upon his Worship informed him that the Government would provide him with a bed. There being no civil cases, the Court was adjourned till 11 a.m. this day.J