RESIDENT MAGISTRATE'S COURT.

Evening Post, Volume XVII, Issue 313, 7 January 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before Mr. Mansford, R.M.) TAMFBBIKO WITH A WITNBBB. Isabella Rees, a respectable-looking girl, was summoned for using language toward Margaret Jane Savery provocative of a breach of the peace. Mr. H. D. Bell defended. Complainant deposed to the language used by the defendant, and said that she was constantly annoyed by her. In cross-examination witness admitted that just before coming into the Court her master, a Mr. Thomas, said to her, "Now is your time ; go in lemons, and swear hard." Her master and defendant's mother were neighbors, and had a dispute about a piece of land. Mr. Thomas, complainant's employer, also gave eviaeuce. Being pressed as to whether he made use of the expression above referred to, be said that he might have said "Go ia lemons," but he did not recollect telling her to " swear hard." If he did, it was simply to encourage her, as she was a timid girl, and might not have aaid all that she otherwise would have done. Mr. Mansford observed that the case ought not to have been brought into Court, and the evidence of the last witness was not at all creditable to him. It was very improper to make use of such language to a witness coming into Court, particularly as the witness was, to some extent, under his influence- The effect of such language on her mind might be to induce her to swear that which was not true in order, possibly, to afford him (Thomas) gratification of some petty spite against a neighbor. He dismissed the case with costs. RAILWAY PROSBCUTION. r * James Beard, of Greytown, plumber, was summoned for travelling on the WellingtonMasterton railway from Wellington to Featherston without having previously paid his fare. Mr. H. D. Bell appeared for the prosecution and Mr. F. M. Ollivier for the defence. John Turner, a guard on the railway, deposed that the defendant was in a first-class smoking carriage on 14th December. On being asked for his ticket just before arriving at the Lower Hutt, defendant said that he had taken one, but had lost it. Witoess gave him tune to find it, and when between the Upper Hutt and Kaitoke he found that the defendant had changed into asocond-class carriage. Defendant still refused to pay his fare. Some other evidence having been Riven, ' Mr- Thomas Bennett, of Carterton, pro; prietor of the Wairarapa Guardian, was called * for the defence. He deposed that the defendant asked him at Wellington to take a ticket for him, but witness told the defendant, wbo was the worse for drink, that he had better take it himself. Witness saw him go to the ticket office with the money in his hand, and afterwards take bis hand out as if he had received a ticket. His Worship dismissed the case, observing that the probability was that the defendant did take a ticket, but lost it while under the influence of liquor. A. SUSPECTED LUNATIC. James B-p.wrie was charged on suspicion of lunacy. Sergeant- Major Bevin stated that prisoner was found in a doorway talking very wildly. He was apparently suffering from the efF«cts of excessive drinking, and a remand would probably have a beneficial effect upon him. Prisoner was accordingly raolanded for • week. ALLHGBD EMBEZZLEMENT. E. Holroyd Been, surveyor, was summoned on the information of G. Beere with feloniously embezzling £133 2i the property of George Beere, Henry Czerwonka, and others. Mr. F. M. Ollivier appeared for the prosecution, and Mr. W. T. L. Travers for the defence. Mr. Ollivier applied for a warrant to compel the attendance of a material witness for the prosecution named Brissenden at present at Auckland. Mr. Brissenden was served with « subpoena, at Wanganui, to attend, and mutt have passed through Wellington on his way to Auckland. Mr. Ollivier urged that he had ample opportunity of obaying the subpeeoa, and intimated that Mr. Brissenden was an un-. willing witnesF. Mr. Travers asked that the witnesses who were ia attendance might ba examine! , Observing that it might then turn out that there was no case. It was & monstrous thing that Sir. Been should continue to lie under the imputation of a charge of embezzlement. After some further discussion Mr. Mansford adjourned the case for a fortnight, and directed that the witness Brissenden should be informed that if he did not then appear a warrant would be issued for his apprehension.