RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 676, 23 November 1867, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before G. G. FitzGerald, Esq., E.M.) Fbiday, Novembeb22. Dbitnk and Incapable. — John Prior was charged with this offence. Sergeant M'Mynn was called, and deposed that the prisoner bad on eight different occasions been convicted of drunkenness within the last twelve months. The prisoner who stated that "he was very sorry for j it" was sentenced to one month's imprisonment with hard labor. Labceny. — John "Woods was charged with stealing five felt hats, valued at 30s, the property of Asher Benjamin. Mrs Benjamin was called, and stated she saw the prisoner take five hats from a nail beside the door of their premises, situate in Revell street, North. The hats were all hanging together. Witness told her husband what had occurred, and he followed the prisoner, Asher Benjamin deposed that he followed the prisoner, who was pointed out to him as the person who had stolen the five hats in question. Witness overtook prisoner and noticed a bundle of hats under his arm. He asked him where he got them from. He made an answer, but attempted to make off. Witness identified the property. Ho valued the hats at 30s. The prisoner declined to make any statement His Worship stated that he had been twice sentenced by this Court for larceny. He was then sentenced to six months' imprisonment with hard labor. Bbeach ofPoliceObdinakcb. — Henry Friend was charged on the information of the police with furious riding in Eovoll street, on tho^ 30th October. The* defendant stated that ho was unable to hold the horse. His Worship recommended him for the futuro to ride a horse he could control, and fined him L 2 with costs. Wilful and Malicious Destruction of Pbopebty.— JohnKcnnody was charged on tho information of S. M. South, with destroying his feno« on the 16fy instant,

thereby doing damage to the amount of £8. Mr Harvey for the complainant, Mr Rees for the defendant. The complainant deposed that he had held possession of the and on which the fence in question was erected since October, 1865. A post and " rail fence was erected in December, 1865. it enclosed the whole section (33 x 16), a second fence was subsequently erected. Gross-examined by MrEees— The whole ot the allotment was fenced in with a post and rail fence. The fence stood for between nine months and a year. Mr Marks asked permission to go through witness' fence into his stable. The two sections were subsequently fenced in together. Witness has been in undisturbed possession of the section. He was not aware that Hirsch and Kennedy used the back part of the section as a means of getting in and out of their back premises. Philip Phillips was called and stated that he saw the defendant knock Mr Souths fence down, on the 18th instant, with an axe. Cross-examined by Mr Bees — The fence was taken down in panels. George Connon deposed that he also saw the defendant knock down Mr Souths fence. It was re-erected at a cost of L 2. Cross-ex-amined by Mr Rees— Mr Kennedy was erecting a fence at the same time as witness was putting up Mr Souths fence. Mr Souths clerk (Flannigan) pulled it down. This closed the complainant's case. Mr Eees stated that the defendant and other gentlemen residing close by claim the land. They had been in possession of it for between eighteen months and two years. The fence erected by Mr South cut off all communication between Mr Kennedy's house and Ms back premises. The only fence which had been put up before was erected by Mr Marks, and when the defendant and others complained of it, Mr Marks agreed to put gates in the fence on the condition that they would not interfere with it. Mr Rees called John Taggarfc, who stated that he had seen the fenco erected by Mr South. Mr Marks put up a fence about May. There was no fence standing where Mr Souths fence now stands when Mr Marts erected his fence. David Drake deposed that he purchased from Mr Marks all his interest in the section formerly occupied by him, and all the buildings erected on the section. He also bought a stable which stood on the Government reserve. The fence Mr South has erected prevents witness from getting at the stable. His Worship stated that there was no doubt that the ground in question was a portion of a Government reserve ; but the defendant had not shown that he had taken up the section previous to Mr South, who has erected buildings on the ground. The defendant had not shown any right to the land. Mr South had taken up the section which was on a reserve, and he was entitled to remain on it until ordered to remove by the Government. The defendant was fined L 2, and ordered to pay L 2 for the damage done to the fence. Assault. — James Price was charged, on the information of Alfred Rawlings, with assaulting him jjn the 18th instant, by striking him with his clenched fist on the eye. Mr South appeared for the complainant. Alfred Rawlings deposed — that on the 18th inst he met the defendant at the Harp of Erin Hotel, Revell street. They had a conversation as to the price of meat. Several other people were present. Defendant told witness he could not earn his living at the price he was selling meat. Witness replied he could teach defendant the trade, and added that he owed no more more money in Hokitika he did. Defendant remarked "if you say so again, I'll strike you." whereupon he struck him a violent on the eye. Witness at the time had his hands ' in his pockets. Defendant admitted having struck the blow, but stated that he had done so under great provocation. His Worship fined him L 5 and costs. The Court was then adjourned till one o'clock, when the enquiry into the cause of the stranding of the Favorite was proceeded with.