RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 214, 7 April 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Before J. Giles, Esq., M.D , R.M. Saturday, April 4. petty larceny. James Wright was brought up in custody charged with stealing a pair of trousers, the property of Mr Brown (of Messrs Brown, Jones, and Robinson). Complainant stated that from information he received, he went to the Little Grey Hotel and saw prisoner sitting with other men round a table. He asked for the trousers, and he denied having taken them, but on looking under the table complainant saw the pair of trousers whick he had lost, and which he now identified, under prisoner's feet. The trousers are worth £1 7s 6d. By prisoner—The trousers were nearer you when I found them than they were to any one else. Mrs Pollock, deposed—l reside in "Westport. About seven o'clock last evening as I was passing the Little Grey Hotel, I saw the prisoner who was standing at the hotel door, put out his hand and take a pair of trousers off a nail under Brown's verandah. The trousers were of a dark colour. He then went with them into the hotel. I swear prisoner is the man I saw take the trousers. Mrs Dorothea Miller, deposed— Last evening I was in company with the last witness. I saw the prisoner take hold of a pair of trousers of a dark color, from off a nail under Brown's verandah. The prisoner then spoke to a woman, but I did not see what he did with the trousers.

Robert Lambert, a detective in the Nelson Groldfields police force, said— I arrested prisoner on the charge of stealing a pair of trousers from Mr. Brown's shop. I arrested him in a house at the back of the camp. A woman named Margaret Ashton was with him at the time. I had previously seen them about the town together when the woman was drunk. The prisoner, on being cautioned, denied having taken the trousers. 1 then handed him into Constable Neville's charge, and as I was locking the door I saw prisoner attempt to strike the constable, and I had to use some violence to bring him to the lock-up. He has been n gaol in Charleston on a charge of theft.

The prisoner denied his guilt and said that he was as innocent as an unborn babe. The magistrate committed him to gaol for three months with hard labor. Monday, April 6. LUNACY. Sullen, who was charged on Friday with being in an unsound state of mind, was brought up, and appeared to be much better. H<? was taken to the hospital for a few days until he should quite recover. MOSES THOMAS V. THOMAS DEWDNEY. Complainant was represented by Mr. Tyler, Mr Pitt appeared for defendant.

Moses Thomas, complainant, deposed—l am a gingerbeer manufacturer residing in Westport. On the 27th February 1 was walking between the Wellington and Westport Hotels, when I heard some one behind me say " turn back,'* shouting to a bullock. I had a case in my hand at bhe time. I turned round and saw the bullock a few yards from me, I threw the bflx at him to turn him, and some one shouted for me to fall down. The bullock then knocked me down. I could not reach the door of the hotel before this, when the bullock knocked me down. He gored me with his horn in the thigh and ripped my trousers. He then Went on his knees and punched me in the chest. I took hold of his horns with both hands and managed to get up and reach Tibby's Hotel. The wound I received was one and ahalf inches long and very deep. It was very bad for some time. I had a stiff leg for some time, but I felt more pain from my chest where the bullock had punched me. I did no work for 16 days. Henry Greenwood came a few days afterwards and asked me if I wanted any monoy. I said " No." He has since told me if I wanted a £5

note I could get it from him. Dr. Worrall attended on me—a Mrs Norton attended me and charged me £3. Previous to the accident I could average £6 or £7 per week. Since then my earnings have been very small. By Mr Pitt—l have not paid Mrs Norton. I have received a bill from her. I had received Dr Worrall's bill some days before I received Mrs Norton's. The bullock was running towards me before I threw the box.

By the Court—No one cautioned me before I threw the box.

James Smith, deposed—On the 27th February 1 saw plaintiff on the Esplanade. I was in Tibby's kitchen when I heard a cry of look-out. I rushed to the window and saw Thomas downaHd the bullock over him. As £oon as he was up, I opened the door of Tibby's and let him in.

By Mr Pitt—Ho was able to hold the bullock and get up. Henry Greenwood, a butcher, living at the Caledonia, in Dewdney's employ.—l entered Dewdney's employ last Monday. I drove one bullock through the town on the 27th February. I was not exactly driving a bullock. I was helping to land the bullock. I saw Thomas down and the bullock before him. I put the bullock in the slaughter-yard, belonging to M'Laren. I saw it after that in the yard. I killed it. I was told by Mr Dewdney to kill it. I killed it because it was too weak to go to the Caledonian, not because it was too wild to walk. Before the bullock touched Thomas I called out to him to look out. I did not offer Thomas £5. I offered him money to pay for some medicine.

By Mr Pitt—The bullock was not infuriated and unmanageable. It is customary for butchers to help each other land cattle. Thomas Dewdney, deposed—l remember the 27th February last. I owned no cattle on the 27th February. I ordered Greenwood to kill the bullack. I purchased the bullock from Mr Croker on Thursday. I bought it on this side of the river. I made a bargain with Croker before the cattle were landed. I purchased four. Dr Worrall stated—On the 27th February I was called in to see Thomas. When I saw Thomas T found him very much excited, suffering from a lacerated wound in the thigh, which was bleeding profusely. I dressed the wound and had him conveyed home Next morning I visited him, and found him suffering from fever. I attended him for nine days. After this I did not visit him professionally. At that time he was scarcely able to stand. I charged nine guineas for the nine days attendance.

Mr Pitt, for the defendant, called no witnesses.

Mr Tyler commented on the evidence, and pleaded that his client was entitled to a verdict.

Mr Pitt contended that his friendj Mr Tyler, had proved nothing, and had failed to support hia case and was not entitled to recover the damage sued for, and that his client was en-> titled to a verdict.

The magistrate thought that the evidence was, in his opinion, proof that Dewdney was the owner of the bul-* lock, and also that the defendant had sustained damage not of his own seeking, and as it was a case requiring further consideration, to examine the law of the case he should reserve judg* ment until to-morrow. ILLEGALLY IN POSSESSION OP

STOLEN PROPERTY. Herman London, who was charged on the 3rd April with having unlawfully in his possession, certain goods> and who was released on bail, was again brought up. Inspector Pranklyn statedj that since the hearing of the case, the goods had been traced to belong to prisoner's brother, who had given them to him, and there was not the slightest evidence to make the police believe that the goods came into his possession other than in an honest way. The magistrate remarked that this was the first case under the particular clause m the Police Act relating to arrest on suspicion of having stolen property in one's possession that had been brought before him. In this case reasonable suspicion was shown for the course adopted by the police. The prisoner however left the court without any stain on his character, as regarded the charge brought agaiust him Case dismissed. The Court then adjourned.