RESIDENT MAGISTRATE’S COURT CLYDE.

Dunstan Times, Issue 918, 21 November 1879, Page 3

RESIDENT MAGISTRATE’S COURT CLYDE.

Monday, November 17th. (Before Major Keddell, 11..M. and Warden.) Joseph Kench was charged with stealing, on the night of the 15th inst, from Win. Woodman, Clyde, two L 5 notes, one LI note, and other monies. The same prisoner was also charged with assaulting and beating the same complainant. Mr O’Donnell, Inspector of Police, (who conducted the prosecution) applied for a remand for the purpose of obtaining additional evidence. The accused was remanded till Thursday 20lh iust. November 20. Joseph Kench, ou remand, was avail; arraigned. Mr Inspector O’Donnell, who prosecuted, said The charge of larceny and assault it was intended to withdraw, and proceed only on the charge of being unlawfully on premises, Wm. Woodman sworn, said Am groom at the Port Phillip Hotel, Clvde, and slept in a room off the stable yard. Between 10 ami 11 p m., I went to bed, an lafter being asleep some time, was awakened by a noise in the room. It being dark, 1 struck a match, which was immediately knocked out of my hand. 1 struck another match, and lit the candle, when 1 saw the accused crawling under my stretcher. I asked him his business, and told him to go out. I got out of bed, opened the door, and ordered him out. The accused then got up and knocked me down, afterwaids kicking me.

I regained my feet, and seizing a stablefork struck accused on the head Mr Ox, the proprietor of the hotel, appeared on the scene, and took accused away. I then went in and laid on my bed. About daylight, 1 got up, and found my trousers and vest which, on first going to bed I had placed under my pillow, lying under the stretcher, I also picked up a LI note and some silver from off the floor. When I went to bed I had in my vest pocket two L 5 notes, two LI notes, and some silver, of this only, the LI noteand the silver did I find, the two L 5 notes and a LI note being gone. 1 never saw the accused from the time of the assault till the following morning, when I saw him in the campBy accused—l never gave you permission to come into my room.

John Cox, sworn, said I am the proprietor of the Port Phillip Hotel. About 20 minutes to 2 on the morning of the 16th inst. I was awoke by a great noise in the stable yard, and on proceeding there 1 found accused beating on the door of complainant’s room with a stable fork. Complainant was inside, and said he had had to turn accused out. I took accused away and put him to bed in the hotel. Accused had no right to be about the prerraises. During the previous evening I had refused accused a bed from the manner in which he was conducting himself. Cons able VVm. M'Leod deposed to the accused having been convicted for the larceny of L2 14s from the dwelling-house of Mr J. Samson, Alexandra, in December. 1876, and the police sheet showed that accused hail been twice previously convicted of drunkenness. He was sentenced to three months’ imprisonment with hard labour in Lawrence Gaol.

William Adams, drunk and disorderly, was fined 40s and costs, or three days’ hard labour.

C. T. Marie v. C. Hneston—Claim of L2O 2s. Judgment by confession for full

amount and costs 30s, to be paid by monthly instalments of L2, first payment to be made on 12th December current.

WARDEN'S codrt. M’Leod and_ Kane-*Application for a tail race on Wai l£eri Gully.- Granted. Same—For aft extended claim.■» Granted Richard Dawson—For right of em head from Conroy’s Gully for irrigation and domestic purposes —Granted. J. Weaver—Do.—Refused. J. Roberts—Do.—Adjourned for 14 days,