RESIDENT MAGISTRATE'S COURT. THIS DAY.

Evening Post, Volume VII, Issue 248, 24 November 1871, Page 2

RESIDENT MAGISTRATE'S COURT. THIS DAY.

(Before J. C. Crawford, Esq./ R.M.) BRKACFi OF THE CITY BYE LAWS. - Joseph Saunders, for leaving his cart and horse standing untended in the street, was fined ss, and costs, 6s Gd. ASSAULT. Constable Wagner was charged by Robert Walls with having assaulted him. It appeared that on Monday night last, there had been a riot in a house of ill-fame in Willis-street, and Sergeant Doran, with a constable, had been compelled to clear the house of a number of men who were on it. The Sergeant, fearing that the men might return, and another row occur, stationed Constable Wagner. outside the house, with instructions to prevent any men from going in, and if they insisted, to lock them up. The complainant, who was assisting Capt. Stafford to look for one of his men, went up to the house, as he said, with the intention of not going in, but of listening at the door. The constable immediately collared him, but on Captain Stafford explaining the case, he let him go. The Magistrate dismissed the case, saying that though the complainant had perhaps been unfortunate enough to be arrested by .mistake, yet no blame could, under the circumstances, be attached to the constable. He should therefore dismiss the case. DRUNKENNESS. Robert Walker • and William Jones, for this offence, were fined 5s each, or in default committed for 24. hours. ? : Mary Lazary, for drunkenness, was., fined 10s, or in default committed for 24 hour's. v '■■" "■ : ASSAULT. ' Edward Chew was charged by Constable Butler with assault:,; The complainant stated he was a constable at the Hutt; on, Monday, at 6 p.m., while in the performance of his duty on the public road at the Hutt, the defendant struck at him with the lash of his whip ; defendant was in a .trap, and complainant had hold of the horse's head ; he had seized the horse, by virtue qf. a distress warrant, as his property. L :. . .. I Croßs-examined.,by ! Mr. Allan—He was acting as a bailiff/ '; • Mr. Allan pointedfout that the information charged his' ijlient with assaulting a " constable," but the witness Butler had just said he was acting as bailiff. The Magistrate decided that on this point the inform ation must be dismissed. If constable Butler wished to take out a summons against Chew for assaulting him when in the execution of his duty as a bailiff, he would be able to do so.; . INTERPLEADER. Rosa v. Kenrick. This was an action to recover a horse, cart, and harness, seized by the bailiff at the Hutt under a distress warrant. Mr., J. G. Allan'appeared for plaintiff, and Mr. Izard for the defendant. After hearing the case, the Bench ordered the bailiff to give up the goods, the defendant to pay costs, £5 Bs.