RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 346, 1 November 1866, Page 3

RESIDENT MAGISTRATE'S COURT.

("Before G. G. FitzGerald, Esq., R.M.)

Wednesday, October 31. Drunks nness &c— James Childs was charged with drunkenness and disorderly conduct, nud was mulcted in the sum of 5s for the first offence aud 15s for the second, in defuult of payment 48 hours' imprisonment.

La.bce.ny. — David Burns, alias Sullivan, was charged with larceny from a dwelling of thirty ounces of gold, of the value of LI 14, and on the application of Mr Broham he was remanded for eight days. Burglary. — John Dougherty (on remand) was placed in the dock, charged with burglary and stealing- from a dwelling Mr Button for pri->oner. Mr Brohairi applied for a remand, as he had been unable to secure the attendance of the prosecutrix. His Worship remanded the prisoner for eight days, admitting him to bail in two sureties of L 25 each.

Indecent Assault. — The prisoner was then brought up (on remand) on this charge, and, owing to the non-app arance of prosecutrix, wa^ remanded for eight clear days. He was admitted to bail in his own recognizance in ihe sum of LSO.

Assacj.t.— John Millard was charged with assaulting a warder of H.M. Hokitika Gaol whilst in the execution of his duty. The defence was " Not Guilty." Mr Button for prisoner. John Fetguson was called, and being sworn, deposed, that he was a warder of H.M. Hokitika Gaol He was on duty on Tuesday, the 30th instant. He had seen four men coming along the road, and had asked them to go back and cross the foot bridge. Three went hack, hut tue fourth (the prisoner) did not. He then told prisoner to go back ; he never refused but came towards witness and jostled him. lie had a " swag" upon his head. Witness was in unifoim. There were sixteen prisoners at work. '1 he prisoner had not used any thi eaten ing language towards witness. Henry Taylor being sworn, deposed -That he was a warder of H.M. Gaol. He recollected the 30th instant. He was on duty that day in charge of the hard labor gang. He had seen the sentry (the last witness) retreating frim the prisoner — that is to say, walking backwards. He had never seen the prisoner jostle prosecutor, as he (witness) was not present at the commencement of the row. By Mr Button —He had heard prisoner say that he would report prosecutor for having presented a loaded lifle at him. Another witness was called, whose evidence tended to corroborate that of the prosecutor. This closed the prosecution. Mr Button then addressed the Court, characterising the prosecution as most trivial, and done only to protect the warder. It was solely owing to the threat held out by the prisoner, viz., that he would report the prosecutor for having presented a loaded gun at him, that had led to these proceedings. The prUoner was on tlie Queen's highway, ou his road to the Three Mile diggings, and he had a peifect right to walk thereon as long as he pleased. He would call Samuel Bagitt. who, being sworn, deposed that he was a digger, and an acquaintance of the prisoner. He recollected the 30th instant. The prisoner, himself, and two other men were on their road to the Three Mile. They had arrived nt the Cemetery road, and had passed the usual crossing place some fifteen yards. The prosecutor then ordered them very peremptorily to go back. They went back ; but their mate (tlie prisoner) having a swag upon his back, was about crossing a log, which would have brought him on the track, when the prosecutor, more loudly called upon him to retire; and upon his not immediately doing so prosecutor held a loaded gun to his breast. Prosecutor's hand was upon the trigger only. The muzzle of the gun was not more than nine inches from the prisoner's breast. It was full cocked and capped. The prisoner had never offered any violence. He did not see the prisoner jostle or molest the prosecutor. Witness and prisoner then asked prosecutor for his name, which he had refused to give. Prisoner then told prosecutor that he would report him for having presented a loaded gun at his breast. By Mr Broham — Prisoner could not have jostled prosecutor without witness seeing the same. The prosecutor held the gun at his breast ; it was loadid. His hand was not on the hammer, but on the trigger. When prisoner was arrested he was at the Camp, laying an infoi mation against the prosecutor. Joseph Shelly and Peter Doyle gave corroborative evidence. Mr Button in summing up the case, submitted that the prisoner should be discharged as there was not the least evidence to warrant punishment. Ihe learned counsel expressed himself somewhat warmly on the circumstance of the prosecutor having placed a loaded gun, cocked and capped, within nine inches of the prisoner's breast. His Worship said that anybody going on that road where the prisoners were working, rendei ed himself liable to have a loaded gun presented at him. He would fine the prisoner L' 2. The fine was immediately paid.

Reeves v. Taggart. — His Worship said that he had carefully considered the evidence, and J c felt disposed to bind both parties to keep the peace. He might mention that he himself had seen the first of the disturbance, and he would recommend each person to withdraw his information. The infoimations were accordingly withdrawn.

Clarke Bros. — His Worship gave judgment this morning, and said that he was satisfied of tie obstruction, and would fine the defendants 10s.

M. A«hmore. — His Worship had considered this case, and, believing that the defendant had a grant from the Provincial Government, he,would give judgment today, and would ascertiin whether they hdd a permit or not

Clarke Bros. v. Oeborne. — With reference to this case his Worship said that it was apparent the coals had been delivered and that the defendant had used them. The judgment would be for plaintiffs for the amount claimed and costs.

Taylor v. Grin lay. — This Whs a claim for boating working men to tbe steamer Yarra when on the Spit. Judgment for plaintiff for amount claimed and costs. Collins v. Weir. — Claim for money alleged to be due plaintiff for wages as a storeman. The plaintiff having failed to establish his claim, his Worship gave judgment for defendant. Mace and Dixon v. Levy. — No appearance of defendant. Judgment for plaintiffs for amount claimed and costs.

Nolan v. Morton.— Judgment for plaintiff by default. There was no api earance of plaintiffs or defendants in the following cases : — Lewis v Even-ste, Lewis v. M'Nally, Soloman v. Nolan, Small v. Price.

The court was then adjourned to 11 a.m, this day.

The " Lyttelton Times" notices the desertion of seven Beamen from the ship Bluejacket. One of the hands jumped overboard, and swam to tbe ss. Moa, and took her dingy. The men easily reached the shore by her afterwards.