RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 459, 30 January 1869, Page 2

RESIDENT MAGISTRATE COURT.

Fbiday, Jab. 29. (Before J. Giles, Esq., E.M.) Thomson Scott, charged with having been drunk, was sent to priaon for twenty-four hours. ASSAULT. Ann Fallahe, Addison's Flat, was charged with assaulting James O'Reilly. James O'Reilly stated that, on tho LSth inst., the defendant came into his house and struck his wife. He turned her out, when she tore his shirt off his bach, aud pulled him down on the ground. Terence Reilly tvas called as a witness, but did not appear. The defendant made a very incoherent statement in defence ; but the gist of it seemed to be that if she had taken a glass too much it was through what O'Reilly had done to her on a previous occasion. The Magistrate had very little evidence as to the circumstances, but

considered there had been an assault and disorderly conduct, and fined the defendant 10s and costs. The same defendant was charged by the police with drunkenness and disorderly conduct. Constable Neville stated that, on the evening of the 18th he heard violent screams aud saw men running in the direction from which they came. He fou d a crowd collected, and the defendant lying on the ground yelling and screeching, and " calling upon the Tipperary men and Clare men to come and help her and take her part against the Fardowns." He removed her to her house. The defendant alleged that she had no recollection of the circumstances ; said she was very sorry ; and promised that, if his "Worship forgave* her this time, she would " never trouble him again, and never take a drop of nothing." She was fined other 10s, paying, including costs, ,£2 16s. CIVIL CASES. Alfred Brown v. Heaphy. —Adjourned for a week, service of summons not being proved. Kate Murphy v. Hopffer.—A claim of £lO, the amount of an 1.0. U. Judgment for tho plaintiff, with costs. J.' Dutton v. \V. Robertson.—A claim of damages sustained by the nondelivery of a quantity of potatoes sold by the defendant as auctioneer. The potatoes were purchased at 4s per cwt., and the plaintiff claimed at the rate of 10s per cwt. as the price which he had had to pay for other potatoes. After the sale a misunderstanding had arisen as to the weighing the potatoes. The defendant's allegation was that the terms of sale were that all expenses alter the tall ot the hammer snooia ue ' paidbythepurchaser. Theplaintiff'sp'ea ; was thatthe trouble or cost oi weighing ■ should be borne by the seller. The : Magistrate said the question was as to the exact terms of the contract. There I was some evidence as to a special slipu- < lation on the part of the defendant, . that the potatoes were to be taken away 5 and weighed at the expense of the . purchaser. Independently of that the . defendant alleged that tho conditions of sale would, of themselves, have thrown it on the purchaser. He must } say he scarcely thought that would be the case as a general rule. He should presume quite the contrary. Still in this case there was some distinct evidence that it was expressly stated 1 that the cost of weighing should fall 1 on the purchaser. It was possible y - the plaintiff had not heard it, but it • was distinctly sworn to, and it was ' quite consistent with the conduct of i the defendant afterwards. Judgment ; would beforthedefendant; but he wished ! it to be distinctly understood that, in i ordinary cases, the conditions of sale i would not bear such an interpretation. There were several other cases , heard, but as neither the amount nor the nature of the claims was stated, ; it is impossible to report them.