RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume 1, Issue 145, 17 January 1868, Page 3

RESIDENT MAGISTRATE'S COURT.

Thursday, Jan. 16. Before J. Giles, Esq., M.D., R.M. DRUNK AND DISORDERLY. Joyn Ward had not only been guilty of this particular offence, but had created a disturbance in the street. Nevertheless, as he confessed the soft impeachment and had been shut up for forty-eight hours, the Court thought he had been sufficiently punished and dismissed him.

OBSTRUCTING THE BAILIFF. JBeujamin Balmer was brought up in custody, charged with having obstructed Mr O'Brien, the bailiff, while in the execution of his duty at the Tramway Hotel. Mr Pitt appeared for the defence, and requested that the witnesses should be ordered to withdraw. Mr P. O'Brien, bailiff of the Court, said that on the previous afternoon he went to the Tramway Hotel to serve a distress warrant at the suit of Hennelly and Millen. Defendant was there, and advised Wood, the ostensible landlord of the house, to turn out the man whom he had put into possession of the place. Witness said he had nothing to do with it, and cautioned him not to obstruct witness in the performance of his duty. Wood asked to see the warrant, which witness showed to him. Defendant pointed out what he imagined to be errors, and said Wood could sue for trespass. One hour after taking possession, Wood made a claim on the premises. He produced a memorandum of agreement between himself and Mrs Jones, transferring the property to him. He also produced an inventory. When witness was about to take an inventory, he asked to see Wood's, to compare it with his own. Defend- i ant interfered and ordered Wood not to show it. He cautioned him for the third time not to interfere, and so he persisted: put him out of the house. When he was outside, he told him to keep out. Defendant put his hands on witness and tried to force his way in asjain. He said he had as much right there as anybody else, it being a licensed public-house and open to anv body. As he persisted in trying to force his way in, witness ultimately locked him up. He had one day shown him a caricature of a man hiding behind some tea-chests, in Solomon's store, and another man with his finger at his nose, taking a sight at him. Defendant explained that the man hiding was witness (the bailiff), and the other man in the unpolite attitude was defendant himself, engaged in preventing him from arresting his employer, Mr Campbell. He stated this to show that the obstruction was premeditated.

Cross-examined by Mr Pitt, the witness said defendant was clerk to Mr Campbell, a solicitor, who has been for Bome days barricaded within his house to prevent witness from having the pleasure of an interview with him. Jones accepted the warrant, and sent for the plaintiff in the suit to make some arrangement with him. William Boyle, assistant bailiff, was put into possession of Jones's Tramway Hotel. The warrant produced was the one under which he acted. "When the bailiff went to the house, there was an altercation with the defendant. The latter interfered, advising Wood not to show the inventory, and in other ways. It was rather an interference than an incitement to a breach of the peace. Wit" ness himself was treated, very badly, being struck on two occasions, but he couldn't say defendant had anything to do with that.

For the defence, Charles Woods was called, who said that Mr Campbell was his solicitor. Mr Balmer was a lodger

in the house. O'Brien asked him to show him the lease by which he (witness; held the Tramway Hotel. The warrant was addressed to Wm. Jones. There was no such person in the place. O'Brien said it was no consequence. If there was any flaw it could be set right afterwards. He pushed defendant out of the door and struck him. Did not see the defendant use any violence to the bailiff.

Jane Jones got into the box with a most winning smile upon her countenance, and said—The Bailie gave biin (defendant) a back-handed slap, then two or three punches. There was quite a scuffle. Mr Balmer was quite quiet; oh! quit© quiet! so quiet; never saw a man more quiet! I object to say what I'm doing in the house. Balmer didn't strike the bailie; in fact he couldn't; because he wouldn't let him stand. He shaked the lifetime out of him a'most. He had no chance to come in a second

time. Oh! no; dear me, no! Not by any means ! No ; I answer you. With the evidence of this gushing female, the case concluded, and the Bench thinking that it had been proved up to a certain point, although there was no proof of a very aggravated infraction of the law, fined the defendant 40s and costs.