RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 596, 21 December 1869, Page 2

RESIDENT MAGISTRATE COURT.

(Before J. Giles, Esq., E. M.) Monday, Dec. 20. Owen O'Neill was charged with assaulting John Bell. The case arose out of one of the thousand trespasses which the defendant alleges to he made an his land at Packers' Point by his neighbors and others. In preventing this particular trespass it appeared that ho poked his finger into Bell's eye, and that his dogs got hold of Bell's nether garments, the dogs, according to Bell's statement, having been wilfully put upon him. This latter allegation the defendant denied and explained, and he addressed the Court for some time on the subject of trespass. The Magistrate considered that thero had been a violent assault proved, but he was not prepared to believe that the defendent deliberately called his dogs and set them on the complainant. He fined tiie defendant 40s, with 24s costs. William Erskine was charged by A melia Hayne with using provoking and insulting language, and the complaint craved that he should be bound over to keep the peace. The defendant admitted the language, but pleaded provocation. Several witnesses were called, who corroborated Mrs Ilayne as to the language used by the defendant, aud who had also seen stones thrown at her house. One witness said the stone-throwing appeared to be mutual. The defendant and his wife, in their evidence (admissible in such a case), alleged contrary provocation; and the defendant produced from a pocket handkerchief some large stones which, he asserted, had been thrown at him. The Magistrate thought nothing could justify a man using to a woman tho language complained of, and, had the charge been framed differently, he would have imposed a heavy penalty. But it was only required that the defendant should keep the peace; und he called upon him to pay the costs of Court and enter into his own recognisances for £25 to keep tho peace for six months. In the case of Elderkin v. Phillips—a charge of assault—the complainant did not appear, and the defendant was allowed expenses. A complaint by E. Costello against Benjamin Franklin, and another by Turner against Melville, for insulting language, wei'e called, but the parties did not appear. Some applications for transfers and extensions of licenses were made. Among others there was an application by Mr Smyrk for an extension of his license for a booth at the race-course. The Magistrate said he could not give a permit to sell liquors on the race-course except to those who were named by tho Committee or Stewards of the Races. It was only a limited number that could be allowed : and it was upon that understanding with the Committee that the booths had been sold. Mr Smyrk explained that this extension of license was asked for one of tho booths. The booth had been knocked down to Mr O'Conor, but had been repurchased by him. He presented tho receipts to tho Magistrate. The Magistrate said that, according to the arrangement made, it must be done through tho medium of tho Committee. Mr Smyrk's name was not included in tho list sent to him on behalf of the Committee, and, on tho face of it, he would be granting an additional license, contrary to the understanding which existed. Mr Smyrk said the Committee seemed to have an objection to Mr O'Conor, and he asked if the Magistrate would give his decision in writing. The Magistrate said ho gave his decision in open court. Any license-holder whom the Committee named would have a permit.