RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 468, 20 February 1869, Page 2

RESIDENT MAGISTRATE COURT.

Fuiday, Feb. 19. (Before J. Giles, Esq., E.M.) FIGHTING. Joseph Green and Thomas Nasmyth were charged with fighting in the public street. Nasmyth's statement was that, while standing at the bar of the Albion Hotel, the defendant came up to bim and struck bim. He struck back in self-defence. Green's statement was that he had been the worse of liquor, and had no recollection of the circumstance. Sergeant Keiley proved the fighting in the street, and the defendants were fined 40s each. ASSAULT. Patrick Kirwan was charged with assaulting James Nolan. Nolan'3 statement was that, while speaking to the defendant in the street about a mining case in which John Haydn was engaged, the defendant struck him a blow on the cheek. The defendant stated that Nolan had intruded his company upon him all day, although he wanted to have nothing to say to him, and on the last occasion of his doing so, he pushed him away. The Magistrate thought that there was some evidence of an assault, and fined the defendant 5s and costs, 13s. civil CASES. "Wallace Woolfe v. Eugene O'Conor. —Neither the amount nor the character of the demand in this case was stated in Court. By hearsay, we understand that it is some claim by the plaintiff against the defendant as one of the stewards of the late Westport Eaces, and in connection with the race for the Butchers's Purse. Messrs Tyler and Pitt appeared for the plaintiff. Mr Tyler brought under his Worship's notice the circumstance that the case arose out of a certain proceeding at the races, and that his Worship was Judge of these races. It was a question for his Worship to consider whether his Worship had not such an interest in the matter as to prevent him adjudicating upon it. There was one thing; the plaintiff desired to call his Worship as a witness. The Magistrate said that that, of course, would be conclusive against him hearing the case. The amount was over £2O, and the case must be heard by a Resident Magistrate. The case would better be adjourned till Mr Broad could be in Westport, and he was expected soon after Mr Harris would return next week. The defendant thought it a very strange thing, and a hardship, that such an application should be made after a number of gentlemen had been summoned to the court as witnesses. The plaintuT should, at least, pay expenses. Mr Tyler urged that the proper time for asking for an adjournment was at the hearing of a case.

The defendant Baid the case was an exceedingly vexatious one, and the application was only made to give those connected with the races further trouble. Any evidence that the Magistrate could give on the subject was not at all required. Mr Tyler did not think it necessary to answer a mere assertion. To prevent delay the plaintiff would reduce the amount to £2O, so that the case . might be heard bj Justices. The Magistrate said that in any event the hearing must be adjourned. The defendant repeated his claim for the expenses of witnesses. The Magistrate thought he was entitled to some expenses. There would have been no adjournment necessary if, on entering his plaint, the plaintiff had asked that some'arrangement should be made. He would not allow expenses to Messrs Carrand Simpson, who were themselves stewards, and interested, but he allowed 10s. each to Messrs Campbell and Seaton. The case would be heard on that day week, unless the defendant was informed of some other day by the plaintiff or by the Clerk of the Court.