RESIDENT MAGISTRATE COURT.

Westport Times, Volume V, Issue 801, 13 April 1871, Page 2

RESIDENT MAGISTRATE COURT.

Westport, Tuesday, April 11. (Before J. Giles, Esq., E.M.) SLY GROG SELLING. Annie Eallahee was charged, upon the information of William Aventon Kiely, sergeant of police in charge of the Buller sub-district, with having sold spirituous liquor at Addison's Flat on the 3rd instant, she not being the holder of a license. The prosecutor called Morriss O'Connell, who stated his reluctance to give evidence. His Worship informed the witness that it was not a matter of choice, the witness would be compelled to give evidence, whatever might be the consequences. The_ witness then gave evidence as to having had drinks at the defendant's house. He had a nobbier of gin on the night of the 3rd inst. and the defendant had a drink for which he paid 2s. The clerk of the Court and the sergeant of police proved that no retail spirit license had been granted to the defendant during the past twelvemonths, nor that'any application had been recently made for a license. The defendant denied having supplied O'Connell with the drink, stating that she and her boy were in bed when O'Connell burst open the door. Ho insisted upon sleeping in t'ie house, and she endeavored to put him out. She never kept drink in the house, nor was there any liquor there on that occasion.

His Worship was of opinion that the evidence bore out the information. There was no doubt that the licensing ordinance was systematically evaded, and very rarely were convictions obtained, as it was only by accident that matters transpired which enabled the police to take action. He saw no reason to doubt the evidence of O'Counell. It was given most reluctantly, which was but natural seeing that he had been equally blamable.

It was not to be expected that a witness, after having been the means of inducing a person to evade the law, would be eager to secure a conviction against that person. He did not think that the few instances in which offenders were punished for sly grogselling would bo effectually instrumental in deterring others from a similar evasion of the law. At the same time, it was his duty, when a case came before him and was clearly proved, to inflict a substantial t fine, and this he was prepared to do in the ■present case. Still, he could not ignore altogether the position of the defendant who stood charged with a more serious offence, and, taking that into account, the fine wouid be a smaller one than would otherwise have been inflicted. The defendant would be fined £5, or, in default, three weeks' imprisonment with hard labor. LABCEJST. Annie Fallahee appeared on remand, charged with stealing £l3 from Morriss O'Connell. The following additional evidence was taken:— James Peacock : I reside at Addison's Flat. On Tuesday, the 4th inst. I saw the prisoner. She called me into the house, and askedl what a dozen leeches would cost ? I replied 245. She then asked me to procure them for her, and for that purpose gave me a £lO note. I asked her if she knew that it was a £lO note ? and she answered, " yes." I asked her where she got it ? and she replied that she had had the note for some time, The note, I beiieve, was drawn on the Union Bank.. I came to town the following morning, but did not get the leeches. The note is not in my possession, I changed it at the Post Office Hotel, Westport, I heard a woman cry out " murder" on Tuesday night. It was the voice of the defendant. I also heard her call Morriss O'Connell by name.

Jane Deroux stated that she was the wife of Henry Deroux, and resided at Addison's Flat. She heard the prisoner say, on Wednesday last, that her little boy had picked up some money. She did not particularise the amount. The prisoner, on being asked if she desired to make any statement previous to her trial, said that she and her boy were in bed on the night of Monday. It was, as nearly as she could judge, about two o'clock on Tuesday morning when she was awoke by O'Connell bursting into the house. The door was secured ky » piece of wood, and there was no door to the bed-room. She and the boy got up and dressed, and she lit a candle. O'Connell said that he was clearing out of the district, and that he had his swag with him. He wanted to sleep in the house, and lay down on the bed. She insisted upon his leaving the house and seized him by the shirt. O'Connell then got up and sat by the fire. She again insisted upon his leaving the house. He refused to go, and she took up a piece of ti-tree and struck him upon the shoulder. He ttill persisted in remaining. Shortly after that she put down the piece of wood. She had scarcely done so, when O'Connell seized her by the hair, threw her to the ground, and immediately commenced beating her about the head, face and body. He held her by the hair of the head while he kicked her. She remonstrated with him, and said that he should be the last man thus to maltreat her, as he was under considerable obligations to her husband. O'Connell replied that " Almighty God told him to beat her," and that he would kill her' before he left. O'Connell also struck the boy. She cried for help, and got to the door. The door of the house had been open the whole time and the candle was burning. Two young men who apparently were working on the night shift came up, and she told them of O'Connell's ill-usage. She did not know whether O'Connell had then left the house. The men went inside and examined the house. They found O'Connell lying on the bed, and got him out of the place. They told her to go inside and not to be afraid. The following morning she saw O'Connell's swag on the wood outside. She had some money in the bank when there was a branch at Addison's. Believed she had it in the Union Bank. The account was in her maiden name. During the disturbance she told the boy to look out for the money, as she was afraid that O Connell was clearing out and intended to take her money. The boy got her little purse. She had a £lO note in the purse besides gold and silver. The £lO note was found upon the floor the following day. She was in a very weak and prostrate condition that day from the usageslie had received. She keptthe £lO note about her person, fearing that O'Connell might return and repeat the assault, and she asked a neighbour to take charge of the money. The prisoner was then committed to take her trial at the ensuing sitting of the Supreme Court, at Nelson. ASSATOT. Morriss O'Connoll was charged, upon the information of Annie Pallahee, with a violent assault upon the informant on Tuesday, April 4. The evidence in this case was a repetition of a portion of that given in the previous cases. Jane Deroux and James Peacock proved the condition of the complainant after the assault. The defendant stated that the complainant first assaulted him, and that

any injuries she received were caused by her falling over the doc* step. His Worship held that the assault was proved to have been a very cowardly and violent one. The defendant would be fined £5, or in default one month's imprisonment with hard labor. But for certain extenuating circumstances, the sentence would have been imprisonment without the option of a fine. The defendant stated that he was unable to pay the fine, and that he possessed neither goods nor property upon which the Court could levy. He was accordingly committed to gaol. CIVIL CASES. Brown v. Lang.—Claim for £4 2s, amount of dishonored promissory note. Judgment for the plaintiff in the amount claimed and costs. Patterson aad Field (trustees of Florian Adank) v. Thomas Blair.— Claim for £24 13s 6d. Judgment for the plaintiffs, by default, in the amount claimed and costs. O'Brien v. Wingie.—Claim for £3 2s 2d ; and same v. Horn, claim for £l2 14s Bd. Judgment confessed in each case. Curie v. Pitt.—Claim for £9l 12s Id. The defendant had filed a setoff for £63 14s, and, on the application of the plaintiff, the case was adjourned to April 25th. Hay v. Mullins.—Claim for £6 16s 6d tor bread. The defendant pleaded not indebted, stating that he had not formed one of the party of miners to whom the bread was delivered. The plaintiff was non-suited. A few other cases were struck out, neither plaintiff nor defendant appearing.