RESIDENT MAGISTRATE'S COURT, CHARLESTON.
(Before Chas. Broad, Esq., P.M.) Monday, April 6. TP 7)i. Smith was charged with stealing a pair of boots, value £1 7s 6d, from Mr Byrne's store. Patrick Mody, miner, said—On Friday evening last he saw the prisoner standing at Byrne's corner, very drunk, with a pair of hoots at his side which he afterwards carried away. Witness then spoke to a constable. Pobert Brody, hotelkeeper, stated— Prisoner had engaged a bed at his house. Between 5 and 6in the evening he came in with something under his coat and went upstairs; he appeared to be drunk. Witness afterwards went upstairs, and found the pair of boots concealed under the mattras. John Peid, storeman to Mr Byrne, identified the boots as belonging to his employer. He never sold the boots to the prisoner. Mr Home, on behalf of the prisoner, pleaded in extenuation the circumstance of his being drunk, and not aware of what he was doing, His Worship said there appeared a good deal of method in his drunkenness, and sentenced the prisoner to two months' imprisonment, with hard labor.
Sampson v. Kingsley.—So appearance. Mary Beeves v. Cordelia D. Smith. — This was an information for using abusive language, but the evidence failed to sustain it, and the case was dismissed. M'Merihion v. Miskell. —Charge of assault. No appearance. Booncy v. Miss Hose Boyle. —Claim of £lO for balance of purchase of a house at Brighton. Mr Home appeared for defendant, •and denied the liability, and endeavored
to show that the sum claimed was for furniture which was never had. The Magistrate said there was in this case merely oath against oath, and decided to nonsuit the plaintiff. Trustees ofShanahan Sf Go. v. JPoi/fi.— Claim, £1 7s 4d. Defendant paid ■£l 19s 4d, and pleaded not indebted as to remainder.
Mr Lloyd having produced his authority to act as agent for the Trustees, called—
C. J. Walsh, who stated he was storeman with Shanahan and Co. in June last, aud supplied the articles charged in the amount to a man named Thomsou on the authority of Mr Foyn, who was to be responsible for the payment.
Mr Foyn stated he only authorised the supplying of half a side of bacon and a fifty pound bag of flour, but had no evidence in support. Judgment for plaintiff, with costs.
Mtir andM'Ooi/ v. Ellen Kelly. — M Johnston appeared for plaintiff, Mr Home for defendant.
! This was only partially heard, Mr Home denying the debts, and producing receipts long subsequent to the date of the claim, and the case was adjourned till Wednesday to allow the production of ortain books. Morris JPerral v. Dean. —Claim for stores supplied. Judgment for £l3 3s. Strike Sf Co. v, M'lvor.—Claim, £77. —Mr Home for plaintiff. Mr O'Neill for defendant applied for a nonsuit on the ground of their having been a failure to comply with the 111 section of the Resident Magistrates' Act, which provides " that when a bailiff is sued in his official capacity, a month's notice of action should be given." Nonsuit granted, with costs.
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Bibliographic details
Westport Times, Volume II, Issue 214, 7 April 1868, Page 3
Word Count
515RESIDENT MAGISTRATE'S COURT, CHARLESTON. Westport Times, Volume II, Issue 214, 7 April 1868, Page 3
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