RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume 13, Issue 1087, 28 September 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

: FBItfAY, SEtfTEi&Etf 24 ?r (Before S6tiA CUrling; Esfji; tiM.) Potter v. the Mawke's Mi) Steani Boiling Down, ConipuAy. This was a case* adjourned •fromt.the' previous day, iv which defendants wer# charged on the iuformationlj^ A Thomas on their premises, yV esf Cfliv"©* without a slaughtering license, contrary to the pro* visions of the Hawke's Bay Slaughterhouse Act. No reply; had been received from the Attorney»(*eneral. Mr. Oarlyon for the prosecution ; Mr. Cuff for the defence; Mr. Carlyon said he had been examining the authorities as to the interpretation to be placed on the phrase ;" competent per* son," and " competency " to lay the information. He could not find anything limiting the laying of the information in such a case as the present. He referred to " the New Zealand Justice of the Peace/'* with regard to proceedings by information, and argued that the information might be laid before any justice of the peace by anyone of sound mind, of age, and not an alien, in the interests of public justice. The Resident Magistrate said that the decision of the Court on the point raised by Mr. Cuff, was that as the Act did not specify any particular person as solely competent to lay an information, it was within Potter's capacity to do so. The unlicensed slaughteringhad been admitted. The penalty prescribed by the Act was £5 per head for each animal unlawfully slaughtered. There were 20 sheep: the penalty, therefore, would be £100 with costs..' . . . ' •.■ . Mr. Cuff said he should take time to consider whether he should not advise his clients to appeal against the Magistrate's decision. Mr. Curling : You are at perfect liberty to appeal, upon entering into the usual recognizances. Mr. Carlyon said he should be most happy to see the case oarried to a superior tribunal, on appeal, and he would give his learned friend every facility in initiating the appeal. Dr. Russell v. T. JSaunders. A summons to recover £5 ss. for professional services. Defendant not appearing, judgment was given for the amount, with 13s. costs. Fielder v. Grindell. In this case, J. B. Fielder charged Jas. Grindell with unlawfully using provoking and insulting language towards him, on the 21st inst., in the words following : — "You b r," "You thing," and "I have fed and clothed you," — at the same time shaking his fist in complainant's face. Mr. Grindell: There is a case, your Worship, in which I am defendant. I wish to make a remark about only one word in the summons — it is false. The Eesident Magistrate : The case is not yet before me. Mr. Fielder explained that he had that morning sent a messenger to the defendant, offering to withdraw the charge if he would promise not to interfere, with or insult him again ; but Mr. Grindell had refused to apologise or make any promise. Mr. Grindell : No ; I want, the case to be gone into. I admit the charge, all except that one word, which has been wrongfully inserted in this summons ; it is a word I never made use of; I have witnesses here to prove it ; lam not in the habit of using such language. . , The Eesident Magistrate : As the complainant is willing to withdraw the complaint, it would be better, perhaps, for all parties that the matter should drop. Mr. Fielder : lam prepared to swear, and prove by witnesses, that he used the language complained of ; but lam willing to withdraw the charge on his promising to abstain from interfering with me. Mr. Grindell : I will make no promises, —I promise nothing. I admit the charge, all but that one word, which I never used. The Eesident Magistrate: Well, we will hope that you did not. The case is withdrawn. . The Court then adjourned., Monday, September 27. Drunkenness. George Sinclair, an elderly man, who on Saturday night had been overpowered by " John Barleycorn," was charged by Constable Wishart with drunkenness and vagrancy. I iThe charge of vagrancy was, in this fmrticular case, shown to be groundess, and was not pressed by Inspector Scully. Sinclair was in employment on Mr. Chambers's station; he only came into town on business, and had work to go to. Fined ss. The fine was paid. A Suspicious Case. George Noble was charged with being illegally on certain, premises,— via., the stable at the rear of the Bank of. New Zealand,— under suspicious circumstance* on the night of August 24 It appeared that on the night in question, Mr. Troy, porter at the Bank of New Zealand, went to the stable to attend to Mr Macfarlane's horse, when a man darted out, in a stooping posture, ran across the paddock, and down to the beach, where he was lost sight' of. Troygave chase, crying out " Stop thief I" He did not obtain a view of the man's face, owing to his stooping posture; but the prisoner's dress, knee boots, breeches, and jumper, corresponded with the description given by Troy to Inspector Scully ; but Troy had described the man as short, and the prisoner was tall. The man, whoever he was, had, in his hurried departure, dropped his cap in the stable. Inspector Scully found that Noble had passed through the toll-gate veryearlyoa the morning of the 25th ult., and had been out in the country ever since, till Saturday, when he came into town, and on Constable Burgon showing him the cap, he claimed it, — whereupon he was taken into custody on .the present charge, Several things had been pulled about in the stable, and a bag of old red cloth, &0., overhauled, but nothing was missed from the stable. In reply to Mr. Curling, the accused denied that lie had claimed the cap ; he had only said it was "like one he had lost." He denied that he had ever been in the stable. He was employed by the chief Paul to put up a fence, and came into town on Saturday to see Mr. Cuff, about getting his money, as Paul had re-' fused to pay him in full. He commenced the work on the 18th of August last. Mr. Curling said that he had some doubt in the case ; the identity of the man had not been absolutely proved and no--thing had been stolen, — so he must give the accused the benefit of the doubt. Discharged.