RESIDENT MAGISTRATE COURT.

Westport Times, Volume V, Issue 796, 1 April 1871, Page 2

RESIDENT MAGISTRATE COURT.

Westport, Eriday, Marcii 31. (Before J. Giles, Esq., E.M.) ANDREW NELSON V. ALBERT LAUB.ITZ EN. In this case the plaintiff and the defendant were mates, working as miners at Caledonia Terrace. The plaintiff had laid an information charging the defendant with the use of abusive language, on Monday the 27th March. Mr Pitt appeared for the defendant. The plaintiff stated in evidence that they had had a dispute in respect to some ground recently purchased hy their party, in the course of which defendant had stated that he (plaintiff) was a liar and a rogue. Further altercation ensued, which ended by the plaintiff, according to his own statement, using abusive and obscene language towards the defendant. His Worship: Which of you do you then think used the more abusive language? Plaintiff: I do not know but I consider it very wrong that I should bo called a liar and a rogue. Counsel having declined to crossexamine, ' His AVorship said that independently of the trumpery nature of the

case and of the fact that the plaintiff had himself been guilty of very bad language, the information must fail, as the language referred to had not been used in a public place but on a goldmining claim. Mr Pitt said that he had quite expected the present result, and he would ask whether, the case being of so trumpery a character, the Court would nnt allow the defendant costs.

His Worship replied that it was not customary to allow costs to the defendant even when an information had been dismissed, but a limit, must somewhere be drawn, and he had no hesitation in stating that this was a most trumpery case which should not have been brought before the Oourb. The information would be dismissed, the entire costs, including one guinea professional fee and expenses of defendant's three witnesses to be equally defrayed by the two parties. Renewals of publicans' licenses were granted to John Grady and Isabella Austin. A publican's license was granted to William White for the Albion Hotel, Gladstone-street, and an accomodation license to Phillip M'Enroe for a house, situated at Addison's. K. C. EEID T. CHARLES BULL. This was a claim for 155., being the balance of an advertising account. Mr Fisher appeared for the plaintiff, and stated that the amount originally was 30s, that the defendant had paid half the amount, and it was now sought to recover the balance. Walter Bishop stated that he had rendered an account to the defendant, about two months ago, for 15s, on account of Mr Eeid. The defendant then denied liability, stating that be had paid 15s, and that his late partner, M'Gill, was to pay the balance. The defendant seated that he had been in partnership with M'Gill, and they had dissolved. The notice of dissolution was advertised, and cost 30s. Mr Eeid agreed to take payment from each party in. half the amount, and he (defendant) thereupon paid bim 15s.

His Worship was of opinion from the evidence that the plaintiff had dealt separately with the defendant and his partner, and dismissed the case with costs, in addition to an allowance of 15s to the defendant as expenses from Caledonia Terrace.