RESIDENT MAGISTRATES COURT.

Otago Witness, Issue 537, 15 March 1862, Page 6

RESIDENT MAGISTRATES COURT.

Monday, March 10. (Before A. C. Strode, Esq., R.M.) Vagrancy. — Alary Ann Archibald was charged witk having no lawful visible means of snpp>rt. She was sentenced to imprisonment with hard labor for the period of two months. Several drunkards were fined 20s. each. Obscene Laxouaoe. —George Sinitherri was charged by constable Malone with having uttered unlawful and obbeene language in a public thoroughfare. The man pleaded drunkenness in mitigation. The Bench said that plea could never be accepted as an excuse for misdemeanor, and scut the prisoner to gaol for a term of one mouth. PKTxr larcbny. — David Gibhs wns charged by J. C. Morris with having, on tiie 9th March instant, at Dunedin, feloniously stolen one pocket-book, valued at 20s. sterling. The prisoner pleaded not guilty. A witness named George Holies', staying at the Provincial Hotel, dpposed to having scon tho pri souer take the book from out of the prosecutor's pocket, and deposit it in his own left-hand coat pocket. Another witness, by name John Fovster, corroborated this testimony. When asked how he earned his livelihood, the prisoner said lie obtniued it by sharpening saws The Bench committed him to giiol with hard labor, during a period of three calendar months. Public Ncisances. — Henry Jones was charged, on information, by James Newman, with misdemeanor, in permitting a quantity of manure to remnin exposed on his premises in Stnrlord-strcet. The defendant pleaded that his place was situated two hundred feel from the public road, and -that he did not imagiue that the deposit would have been considered a nuisance in the town. In Victoria, he allpged, it would not luive been so. His Worship remarked that he could not credit that statement. Tlie prosecutor stated that ever since the defendaut opened his stables, a large quantity of offontive manure, raising a most unhealthy malaria, had been wantonly suffered to accumulate. Notice had been served on the defendant on the 28th ultimo, to abate the nuisance by the 7th instant, but it still existed. He had frequently remonstrated with the defendant concerning it, and understood from him that it was his intention to have it covered over. The defendant said it was impossible to remove it at presant, as there was no thoroughfare to convey it off. The Bench adjourned the case until li idny next, cautioning- the defendant that, unless he abated the nuisance by that j time, he would be fined. His Worship added that a I proper place had been appointed by the Commissioner of Crown Lands, where all such "nuisances could be legally deposited. A similar information against one Frank Noel was dismissed, the nuisauce having been removed. Henry Ceunett was summoned by Richard Robertson for suffering a nuisance to continue on his premises. The defendant said lie had paid a carter to remove it, and denied the existence of any filth, but asked the Bench to postpone tlie case for half-an-hour. Inspector Weldon, upon this, applied for a remand until to-morrow morning, for the evidence of some residents within the immediate vicinity of the alleged ofrenec. The further hearing of the case was adjourned accordingly until to-morrow (ibis day). CIVIL CASKS. Jones, Bird 4: Co. y. Geoi-ge Dodd. No appearance of either party, Case dismissed. M. A. Lee v- Solomon Edwards, Mr. Prendergast for the plaintiff. Tho defendant admitted the claim, aud promised to settle the amount at once. Judgment wjis, therefore, arrested, on the understanding that the sum be paid in before the risiug of the Court. Claim por Cartage.— John Drury summoned Mosbr.s. Soott ami Co., for 155!., claimed on account of delivery of seven bags of flour at the btores of the defendant for Mr. Dick, Princes-street, but was non-aaited. Claim for Labor, &c— William Henry Tucker suniiuonc I James Thomson and another, for recovery of the balance of an accouut of £11 l'J». Tlie action was brought on an agreement, consisting of five cou-clition-s, to satisfactorily perform certain work at the Criterion Hotel, in l'riuces-strcet. Messrs. l'rendcrgast and South were the legal gentlemen retained by the contending parties. The Bench ruled that the case hinged upon the fifth clause of the agreement, which specified that all the work should be well performed, anil di&uiissecl the case with uotts. Tuesday, 11th March. (Before A. G. Strode, Esq., R.M.) Drunkenness. —The undermentioned parties were fined *20s each, or in of payment were &evefally committal to pool for forty-eight hnuix,— Richard Young, James Doe, Michael Kane, William Halliday, Thomas Curtis, Wilihm Buck. John Afacpherson, William Ansloy, and Richard Blue. Fbhale Depuavitv.— A young woman of tolerably good appearance, was plnecd at the bar, under a, charge of having been drunk on the 10th instant, His Worship admonished her by saying :—": — " lam very much surprised to see you here : a young female like you :itis a very disgraceful charge. 1 ' The officer of the court reported that this was the third offence on record against tlie prisoner, who was described to be a married woman. It was stated by the appreheuding constable that upwards of three hundred persons were assembled in front of the Commercial hotel, on the preceding evening, when the defendaut and another woman were creating a great disturbance. The prisoner was fined 20s, or, in default, sentenced to forty-eight hours imprisonment with hard labor ; his AVorship cautioning ncr that the next time she was brought before the bench she would receive a sentence of seven days. Wednesday, 12fch March, 1862. (Before A. C. Sthodu, Esq., R.M.) Dhunkknness.— Several persons were fined for the nbove offence. iVursAKCts.— James Newman v. James Robertson, of the firm of Robertson and Baillie. This wns an adjourned case to produce a witness, and a baker carrying qn business in tho vicinity of the defeudant'tj rosidouce w.-ys sworn. He deposed that, between eight and nine o'clock on the Sth March, he saw a lad throw a bucket of dirty water over, and tlie general state of the defendant's premises was just the same now as they were in a fortnight since. He would not, however, venture to swear that the nuisance existed in a virulent form at the present time ; but hs had frequently visited aud inspected the premises, which were in a condition fur from cleanly j in fact, some parts wore in a state to be quite offensive to the neighbors. The defendant stated that his yard was cleared up every day. His Worship observed that from the evidence of tho witness, such did not appear to be the case. The defendant was fined l()d. and costs amounting in all to a penalty of $1 3s. Drunk.— -Unbeit Kaue was charged with drunkenness on the previous evening. An officer of the Court stated that the man rode through the Arcade and occasioned a great row. Bench.— What do you mean by such conduct 1 Prisoner.— Had I been sober, Sir, I should not have done so, Benoh —Had you been sober, Sir ! why, you had no business to get drunk in that way at all. You are fined 409. Your conduct has endangered private property, Sir. William Dale v. George Crowshurst.— Mr Prendergast, for the defendant, stated that his client was very unwell at three o'clock yesterday afternoon : hut, as he had neglected to send his medical adviser to give evidence, or to forward in the required certificate, he could not help it. His Worship observed that it was clearly au act of injustice to the opposite party to

detain him here^ldnger. 'flis Worship, f&epijnquired if/the namo of therdefendaat had beeri called thrw times, and received -iin answer in the affirmative. Mr Prendergast said he was wiling fo consent to an a ijournment for half-an-urnr, or to proceed with the case at once, provided that Mr Kenyon, a material TutnebS for the other side, were not put in the box. (Here the Court adjourned.) When the Court resumed, Mr. Prendergast re-opened the case by mentioning, that his client was very sick and confined to his room. He conte.ided that the Bench couU not compel him to put hi an appearance, inasmuch as no Court had power to make a::y man take up his bed and - walk. Mr. Cook, for ( the plaintiff said, that his client would incur considerable inconvenience by so much delay, and w;iss exceedingly anxious to proceed on board an outward bound vessel at once. A medical certificate from Ilenry Nelson, Esq., M.D., in favor of Mr. Crowshurst, was produced by his attorney, and put in as evidence. The Bench ruled, that under all circumstances it would be better for both parties concerned to further a-ljourn the case. His Worship was of opinion that it would be scarcely just to the defendant to proceed v.'ifcli it now. The case was accordingly remanded until Friday (to-morrow), and was ordered -to take precedence on the list.