Resident Magistrate's Court.

Clutha Leader, Volume V, Issue 215, 23 August 1878, Page 5

Resident Magistrate's Court.

BALCLUTHA. Wednesday, Aug. 21. 1878. (Before E. H. Carew, Esq., R.M., and J. M'Neil, Esq., J. P.) Police v. John Dunne. — Charge of permitting a game of chance, commonly known as "props," to be played in his 'licensed house, known as the Crown Hotel, on the 29th July. Messrs Taylor and Reid for defendant, and Inspector Thompson for prosecution. D. Stuart, sworn, stated : I remember 29th July. I know Mr Dunne and the Crown Hotel. I was not in the Crown Hotel on the night of the 29th July, nor of the clay before or after. Question put by the Inspector : Between 23rd July and 7th August were you in the Crown Hotel 1

Mr Taylor objected to the question, but was over-ruled.

Witness : I have been in the Crown Hotel between those dates. On the 31st July I was in the dining-room ; Mr Findlay was in also. I saw Mr Dunne the same night. We were all together doing nothing. Between those dates I did not lee Dunne, Findlay, and others doing anything together. Question .* Did you, between those dates, hold the stakes for any persons gambling in the hotel 1 Mr Taylor objected, and was over-ruled. Witness : I did not hold any stakes for the game of props between these dates. 1 held stakes for one game in the Crown Hotel downstairs. I do not remember who were present. Mr Dunne was not present. I was standing at the fire, when Keasley handed me L 2, and asked me to hold them. I was not paying attention to the game, and do not know what they were playing with. There were about half-a--dozen persons in the room, but I do not know what they were doing. I was reading the Times. I was in the room about an hour or an hour and a half. I do not know if the others remained in all that time. I have not said openly in town that I held stakes at that time. I have held no other stakes, nor seen gambling between these dates.

By Mr Taylor : I cannot fix the date wlien I held the stakes. It was not on the 29th July, but I cannot say if before or after. It. was in the afternoon, in the room on the right-hand side of the entrance. About half-a-dozen were in the room. There are two entrances to the room. I think both doors were shut. Charles Findlay, sworn, was asked if he was in the Crown Hotel on the night of the 31st July. Mr Taylor objected that questions must be confined to the 29th, and quoted from Roscoe's Criminal Evidence, 99. His Worship took a note of the objection. Witness : I cannot tell if I was in the hotel on that date. Ido not know anyone named Kingsley. I know Keasley. I was often in the hotel in his company. Between 29th July and 7th August I did not do anything with Mm beyond taking a glass of grog. I did not see, and took no part in, gambling in the hotel between these dates. Inspector Thompson said that was his case, and, there being no case to answer, it was dismissed. Judgments. — His Worship here gave judgments in several cases heard last Court day. (These judgments will be found in our third page.) Smith v. Robertson and Others.— Claim, Ll2 10s. Mr Beid for plaintiff, and Mr Taylor for defendants. This case was now continued by Mr Taylor calling James Muir, Malcolm Morrison jun. , William Aitcheson, and Joseph Robertson. Counsel having addressed the Court on each side, judgment was reserved till next Court day.

Mtjnro Bros. v. Chapman & Hillyer. — Claim, LB. Mr Reid for plaintiffs, and Mr Taylor for defendants, who said the only items in dispute were L 2 Bs, and pleaded not indebted as a formal plea. After hearing evidence, judgment was given for plaintiffs for L 7 12s, costs of Court 21s, and professional fee 10s 6d. Same v. Chapmast. — Claim, L 2 17s sd. Mr Reid for plaintiffs. Judgment by confession for amount claimed, and costs of Court 17s, and professional fee 10s Gd. Shand v. M'Earlane.— Claim, L 2 ss, and plaint to recover possession of tenement. Mr Henderson for plaintiff. It being now past 4 p. m. , the case had to stand adjourned for a week.