DISTRICT COURT.

Westport Times, Volume II, Issue 166, 11 February 1868, Page 2

DISTRICT COURT.

SITTINGS IN BANKRUPTCY. (Before J. Harris, Esq., Acting by order of the Registrar of the Supreme Court.) IN RE THOMAS DWAN. Thomas Dwan's creditors had a first meeting, and proved their debts. Messrs Hennelly and Milieu were appointed trustees. IS RE PATRICK SCALLEY. Patrick Scalley was present for a first meeting, no creditors were present and his solicitor, Mr Pitt, gave notice of applying for a final examination to the Judge to-day.

IN ItE SAMUEL SAMPER. Samuel Samper also passed his first examination, but through his solicitor, Mr Tyler, made application to his creditors to take the case out of bankruptcy, and offered a composition, which was accepted, and the meetm was adjournded to the 25th proximo. RESIDENT MAGISTRATE'S COURT. Before J. Giles, Esq., M.D., E.M. Monday, February 10. ASSAULT. Andrew Corigan charged Frederick Mochstrow with having him on the 31st of January lwt, The com-

plaiuant, whose left eye was still dis colored, stated : —On the evening of th 31st of January, I was sent for by th doctor, who wished to see me, on thiI left my tent and came out, thinking he wished to settle with me a smal account due me, as balance of wages for my services, as Warder in the Hospital. 1 had some conversation with him when he knocked me down, and on my rising dealt me another blow in the eye, for which I received medical treatment from Dr Bruen.

John Carr, and Alexander Patrick gave evidence corroborating the complainant's, and James Robinson also spoke to the blow, but said that complainant was not sober at the time.

Dr Bruen, M.R.C.S., I. gave evidence to his having dressed the complainants eye, and with having used the usual surgical remedies for slight contusions. Dr Rockstrow, the defendant, admitted the assault, but pleaded great provocation, and produced a witness from the Hospital who proved that the complainant had been annoyed in the Hospital since he was discharged for drunkenness. The Magistrate thought that the defendant had not produced sufficient evidence as to provocation, and taking into consideration the whole of the evidence he inflieted a fine of £5 on defendant, which included costs. ASSAULT AT THE TRAMWAY HOTEL. Joseph 11. Williams charged John Jones with having assaulted him on the evening of Wednesday last at his hotel. Mr Tyler appeared for the defendant. The complainant produced a witness in support of his charge, but the evidence of this witness was not confirmatory of his own, and went to prove that no violent assault had been committed. The Magistrate inflicted a fine of 40s and costs on the defendant, as an assault was proved but not of a serious nature. CHARGE OF ROBBERY AT ADDISON'S FLAT. Ellen Kennedy was brought up charged with having robbed one Alfred Pearce of certain money at Addison's Flat.

The case was adjourned until Wadnesday, for the evidence of the complainant for whom a warrant was issued by the Court. OBSTRUCTING THE FOLICE.

Paddy Walsh was fined 40s or 48 hours' imprisonment for obstructing the police in the execution of their duty. DRUNK AND DISORDERLY.

John By an, charged with this offence, was fined 20s or 48 hours' imprisonment.

"WARDEN'S CASES. DUFTY v. BRAITHWAITE. The adjourned case of Dufty v. Braithwaite, now Ormsbee and party* was concluded yesterday. Dufty and party had taken possession of a certain claim on the Caledonian Lead, which the defendants had applied for as a site for their tailings, and on which a considerable quantity were at present stacked. Mr Tyler appeared for defendants, and showed that the ground in question was not auriferous, or if so, in such a small degree as to be unpayable, and that Dufty and party had only taken up the claim to enable them to get possession of the tailings which were stacked on the ground, and which would have been worth something very considerable to them. The plaintiff produced evidence as to gold being in the claim independently of the tailings, but the witness was entitled to no weight. The Warden therefore took Mr Tyler's view of the case, and granted the site for the tailings, disallowing Dufty's claim, but stated that if the ground was at any time proved payable, of course the ground might be taken up for working, and the tailings would have to be removed, but that at present there was no likelihood of this occurring. He also stated that this decision would not affect the taking up of any similar ground where gold w\as known to exist, or where parties took up ground bona fide for the purpose of prospecting.