RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 526, 6 July 1869, Page 2

RESIDENT MAGISTRATE COURT.

(Before J. Giles, Esq., E.M.) Monday, July 5. A 800 CASE. Thomas Hicks was charged, on the information of Isaac Freeth, with using provoking and insulting language, calculated to provoke a breach of the peace. He was further charged with permitting a dog, known to be a dangerous animal, to be at large without a muzzle. It was the statement of Mr Freeth that, on Thursday last, he had occasion to go to the back-yard of his warehouse, when he was annoyed by two dogs rushing at him. One was loose; the other was tied up. They were claimed by the defendant, who said that they should be removed. One was removed, but the other was allowed to go at large. On the following day that dog attacked him "on every side." It was a very handsome Scotch terrier, and he did not wish to hurt it. When trying to keep it off the defendant came out, and said that "if any persons damaged his dog, he would damage them." He told the defendant that he did not want to fight; but, if he used such language, he should make his pocket pay for it. In reply to Mr Tyler, who appeared for the defendant, Mr Freeth said that the dog " tried to bite him. He did bark. There was no trying about that." Mr Roberts, he understood, had a right-of-way through the yard in which he was thus annoyed by the dogs. George Limbrick said he had been several times rushed by the same little dog, and on one occasion, about twelve months ago, had had his trousers torn. George Somner corroborated the complainant's evidence as to the manner in which he had been rushed by the two dogs on Thursday. The Magistrate dismissed the first charge. Mr Tyler submitted that there was no evidence that the dog was dangerous, and that it was not at large, according to the meaning of the Ordinance. The Magistrate, as to the point of law, thought the dog was sufficiently at large, because it appeared to have been where persons of different households were in the habit of going. With respect to its being dangerous, there were, of course, degrees of danger, and the danger to a person's trousers might be sufficient to bring it within the words of the Ordinance.

Mr Tyler called James Simpson, Robert Hicks, and John Derungs as to character—not of the defendant, but of the dog. Mr Simpson had known the dog for twelve or eighteen months. It "was a very good watch." Formerly he had known it bite a man's trousers, and he had himself chastised it for that offence, but it had not done anything of the kind for the last twelve months. Robert Hicks said the dog was what might be called " a sharp dog." He was "a good watch and so on." John Derungs had had the acquaintance of the dog for six months, coming to his house, the Imperial Hotel, with his owner and others at meal-time. He never knew it " fly at or bite anyone." Mr Tyler defended the dog. It had simply been performing its proper functions, and discharging its duty, by keeping watch over its own premises. The Slagistratc considered the case rather a trumpery one, but he thought that there was evidence to show that the "little dog" was in the habit of annoying people, and in the habit of tearing their trousers when it got a chance. He lined the defendant Is., each party paying his own costs. Inspector Franklyn pointed out to His "Worship that, according to the Ordinance, the do£ was now liable to be " killed by a Constable."

The Magistrate : I think it is hardly worth calling a Constable in. I should not think it worth my while to call a Constable if it were necessary to kill it. CHARGE OF BIGAMY. Thomas Braitbwaite was charged with feloniously marrying Elisabeth Alice M'Gee, his former wile, Flora Braithwaite, being at the time alive. Inspector Franklyn stated that the prisoner had been arrested in consequence of information r6ceivcd from Christchureh. He was not at present in a position to bring any evidence but that of the constable by whom tlie prisoner bad been arrested, and would ask for a remand, to permit of evidence being obtained. Constable Neville : I know the prisoner. I had not known him previous to his arrest. I took him in charge on Saturday evening last, on the charge of bigamy. I took him in charge in consequence of information received from the head of the police at Christchureh. I produce a letter containing that information and bearing a memorandum by Sergeant Keuy, the sergeant in charge of the police station at West-port. On the way to the lock-up, in company with Constable Williams, the prisoner said : —" I -will give you £5 each if you let me go." The letter of the Commissioner of Police, and tho memorandum by Sergeant Keily, were not received as evidence, but, at the request of Inspector Franklyn, were allowed to be read in Court. The letter, which was dated February 24th, 1868, was as follows : " I have the honor to inform you that a Mrs Flora Braithwaite, living at present in this city,reported thatshe was married on the 9th December, 1862, at Castelmaine, Victoria, by the Bev. Mr Adams, to the person named and described in the margin, where they lived for two years, at the end of which the husband left for Otago, where ho remained for some time, when he went to the West Coast G-oldfields. He was store-keeping at the Grey and Buller, and it is believed he got married at the latter place to a barmaid, whom he deserted and went to Melbourne. "May I request you will be good enough to inform me if Braithwaite got married at the Buller, in order that proceedings may be taken against him for bigamy if he has done so. " Thomas Braithwaite, 33 years of age, sft 9in. high, stout build, broad chest and shoulders, fair complexion, light-brown hair, sandy whiskers and moustache worn in American fashion. A native of Cumberland. His father lives at Haldon,near Castlemaine, Victoria." The following is a copy of the memorandum by Sergeant Keily, made at Charleston on the 3rd of March, 1868:—. "With reference "to the within, Sergeant Keily, having made enquiries, has ascertained that, on the 16th Jany. 1868, at Charleston, one Thos. Braithwaite was married to one Eelisabeth Alice M'Gee, by the Rev. Joseph White. The witnesses present were—William Benfield Galland and Emelene B. Galland. The marriage license was issued by William S. Munday, Eegistrar at Buller, on the 15th Jany. 1868. The foregoing information has been obtained from the perusal of documents in the possession of the Eev. Joseph White, the officiating minister." The Magistrate (to the prisoner): Do you wish to ask the witness any questions ? The prisoner : No, your Worship. Inspector Franklyn asked for a remand for eight days. It would be impossible to get the evidence before that time.

The Magistrate (to the prisoner) : Have you any objections to offer to a remand, or anything to say on the subject ? The prisoner: No, your Worship. The prisoner wa* remandsd for eight days, the Magistrate intimating that he would

admit him to bail—£lso personal security, and two sureties of £IOO each. The prisoner was removed. THEFT OP MONEY. Alice M'Farlane was charged with having, on Saturday last, stolen) from Murtagh Collins, money to the amount of £7O or £BO. Murtagh Collins • I am a packer, living at Packers' Point. I saw the prisoner on the morning of Saturday last. I saw her taken in a dray, apparently drunk, from the house of a woman called the " Bull Pup." It was day-light, about eight o'clock. She was taken to the camp, and I have not seen her since. About two o'clock on tlio same morning I saw her in a tent at the back of what was known as Harrison's Hotel. When I went into the tent, I had between £7O and £BO in my possession, in ten and five pound notes. The money was in a pocket-book, in my breast pocket. lam certain I had it when I went in. Another man, Daniel M'Namara, went into the tent with me. There was no one there but the prisoner and her child. I stopped there from two in the morning till near seven or eight. M'Namara remained the same time. I was asleep a greater part of the time. Before I went to sleep, I had one glass of gin. When I woke, I missed my pocket-book. When I looked round I saw the pocket-book lying on a shelf. I took it up, and found that the money was gone. Some papers which had been in the pocket-book were strewn about the floor. The prisoner was not in the tent when I awoke. By the Prisoner : You were iu bed when I went to the tent. It was not I who asked you to open the door. You told the man who was with me how to open the door. We sat down by the fire, chatting, and you asked if none of us was going to shout. I gave a pound-note, and you gave me no change. I don't know that we turned you and your child out of bed, and went to sleep in it. You never made objections to us being there, nor did you go for the police. By the Bench : I had some grog taken when I went to the tent, but I was quite •'steady." The last place where I knew I had my money was at Mrs Mehan's Hotel, but I had not actually seen the money since the morning previous. I paid for the drinks with a single note which I had in my trousers' pockets. I did not go to bed. I dropt otf to sleep, and lay down. The prisoner was in bed. When I woke, the other man was in bed. When I mi«sed the pocket-book I said to him "lam robbed," and he then rose up very quickly.

Grace M'Crae : I am the wife of Angus M'Crae, who keeps the Robert Burns Hotel. The prisoner lives three or four hundred yards from the back of our house. On Friday evening last, she name into the house, and got a shilling's worth of beer, for which she paid. She was indebted to us at that time a couple of pounds. About seven o'clock on Saturday morning I saw her. She came to the hotel for a drink, and she paid me the £2 she owed. She had from £65 to .£7O in her possession, all in large notes. I counted the money. I can swear that there were five ten-pound notes, and there were some five-pound notes, and a half-sovereign. I returned the money to her, and she left the house. By the Bench : I don't know how she came to show me all this money, except that she took the £5 from among the rest. She made no particular remark. Constable Neville : On Saturday morning, from information received, I arrested the prisoner. She was in the house of a notoriously bad character, called Ann Connolly. She was very drunk. Constable Williams and I searched her house, but were unable to find the missing property. We also searched the house of Ann Connolly, but with the same result. When I stated the charge to the prisoner, she said she knew nothing about it. Inspector Franklyn asked for a short remand, to enable him to produce as a witness Mrs Connolly, who had been drinking for some days. The prisoner was remanded until Friday.