RESIDENT MAGISTRATE'S COURT.
Abbowioytn, Mojcda x, Mat 27.
(Before Jt. Beetham, Esq , R if.J
Patrick Redman and David Kinnear forfeited bail to the amount of 20s each for drunkenness.
Ah Lie appeared in answer to an information laid by Sergeant Smith charging him with keeping open his store and trading at Cardrona, coutrary to the provisions of the " Sunday Trading Ordinance, 1863." Constable Comy.ie prosecuted. He said he had warned defendant several times, but no heed was taken. Several times the prosecutor had gone into Ah Lie's premises on a Sunday, and found about a score of Celestials deeply intent ou a game played with dominoes. He would press for a heavy penalty, so that this case might act as a warning to other Chinese storekeepers who traded on Sunday.
The Magistrate said that although it was very necessary that the Chinese should observe the laws of the land they live in, yet in this case he hardly felt justified in dealing harshly with the present defendant, as it was just possible he might not be aware he was guiity of a misdemeanor in not observing the European Sabbath. He would dismiss the case, and in doing so, desired the Interpreter to make known to Ah Lie—and through him the other Chinese storekeepers— that in future if any such charges were brought and proved, they would be punished. Pan Pan was charged, under the " Town and Country Police Ordinance" with allowing a nuisance to exist on his premises at Cardrona. Constable Ourayne prosecuted, aud deposed to the nuisance being of a most filthy kind —a statement boine out by a witness. Defendant had also repeatedly been told to abate the nuisance complained of, but had failed to do so.—Fined 20s, with costs, 6s 6d.
John Flaherty was charged by John Willoughhy with that he did, on the 23rd instasit, at Cardrona, unlawfully assault hiin, and damage certain property to the value of 20s. Flaherty was also charged with being drunk and disorderly on the same date. Accused pleaded that he was mad drunk, and did not know what he was doing ; he expressed his regret for what he had done.
John Willoughby deposed that on the 23rd instaDt Flaherty came into his place and began pulling him about. Told him to desist and leave the premises, when accused struck him a blow on the temple, and challenged him to fight for £5. Accused then took up a sledge hammer, and threatened to knock out his (complainant's) brains. While away to the Camp laying information Flaherty proceeded to smash down the chimney of complainant's place with the hammer, doing damage to the extent of 20s. He was then taken into custody. On being asked by the B< n«'i what he had to say to the charge, accused replied he was very sorry, and deserved to be punished. In auswer to a question he said he had no money with which to pay the damage. Constable Comyne -I have £5 of his which he gave me for bail. Accused—But I want that for another purpose.
The Magistrate seemed of opinion that this case had a first call on the £5, and accordingly ordered payment of 20s to Willoughby for the damage done, and fined accused 20s, with costs of Court, 6s 6d. Complaiuant asked for his travelling expenses, £2 10s. which was granted—thus making a very considerable hole in the cherished £5 note. Mr Beethara also administered to accused a most salutary lecture on his folly. Citil Casks. Low v. Butler— Claim for £5 10s.— Adjourned by consent for one week. Cameron ▼. Shepherd—Summons withdrawn.
Shepherd v. Greig.—Summons not served. Fresh summons to issue for Monday next. Goldston v. Fredric—Claim for £2O. —Adjourned by consent for one week. Butler v. Field—Cl«im for £lO. damage done to crops by reason of trespass of defendant's geese. Plea, not indebted
After a lengthy cross-examination of plaintiff by defendant—in which it was attempted to be shown that Butler was prompted to the present action through ill-will and malice owing to a verdict being given against him recently in the case •» Field v. Butler"
The Bench suggested an adjournment for a wetk, with the object of the parlies coming to an amicable settlement. —Adjourned accordingly.
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Bibliographic details
Lake County Press, Issue 52, 31 May 1872, Page 3
Word Count
707RESIDENT MAGISTRATE'S COURT. Lake County Press, Issue 52, 31 May 1872, Page 3
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