RESIDENT MAQISTRATE'S COURT.

West Coast Times, Issue 697, 18 December 1867, Page 4

RESIDENT MAQISTRATE'S COURT.

(Before G. Gh FitzGerald, Esq., K.M.) Tuesday, December 17. of Vagbant Act. — Thomas ■Bplliam, alias Johnny Lewis, on remand I^En the 14th inst., when he was charged 1 an attempt to commit a felony, was Bow charged under Section IV. Clause XI, Vagrant Act, which states, that |^^ny person found by night without lawful excuse (the proof of which excuse shall be on such person) in or upon any dwellinghouse, warehouse, coach-house, stable, or out-house, or in any enclosed yard or area, or in or on board any ship or other vessel, when lying or being in any port, harbor, or place within New Zealand, shall be liable to imprisonment in any gaol with hard labor, for any time not exceeding one year." Mrs Wagner was called, and deposed, that on the morning of the 14th instant, about twenty minutes past five, she was awoke by some person opening the door of her bedroom. Sne saw the prisoner feeling in the pockets of her husband's waistcoat, which was hanging behind the bedroom door. It was sufficiently light to enable her to recognise the prisoner. H e made three attempts to open the door. — Thoma9 Small, a cook in the employ of Mr Wagner, deposed to having seen the prisoner wandering about the passage of the house at about twenty minutes past five on the morning of the 14th inst. Witness saw him go into bedroom No. 18. — The prisoner, when asked if he wished to make any statement, said he was suffering from delirium tremens. He had occasion to go down stairs, and on his return upstairs he mistook his room. It was not till Mrs Wagner spoke that he found out his mistake. He did not go into the room with any felonious intent. He would call a witness, who would speak as to the condition he was in. — The prisoner called Mr Bennett, but as he was not a legallyqualified medical practitioner his Worship declined to receive his evidence as to the prisoner's condition. His Worship remarked that the only question was — whether the offence came within the meaning of the clause. The evidence as to the intent was clear. The prisoner was lawfully in the house, but not lawfully in the prosecutor's bedroom. — He was sentenced to three months' imprisonment with hard labor. His Worship disposed of a long list of civil cases for small debts, comprising some fifty cases. Judgment in all cases, with few exceptions, was allowed to go by default. Those few that were heard were uninteresting, and devoid of all public interest whatever. The Court was then adjourned till 11 o'clock next day.