RESIDENT MAGISTRATE'S COURT.

Lake Wakatip Mail, Issue 779, 15 October 1873, Page 3

RESIDENT MAGISTRATE'S COURT.

Qpeenßtown,—October, 9th, 1873. (Before R Beetham, Esq.. R.M.)

Wenkheim v. D. Powell. —A charge of using language calculated to provoke a breach of the peace, and laid under the Vagrant Ordinance. Mr Turton for complainant. The charge arose it appeared about a dispute as to the sale of the Wakatip Runs, the defendant being the Government auctioneer. In Wills' butcher's shop, upon this subject violent' language ensued. The defendant's cross-examination was directed principally to the question whether Messrs Beetham and Hallenstein had not been accused by plaintiff of undue pressure in causing the runs to be sold. This was denied; also that plaintiff had used the words "it was a swindle." The language deposed to was gross. A very protracted enquiry was held—Messrs Yeulett, A. Brown, and Oeisow being examined. His Worship summed up a very disagreeable case as follows : —The Court considered it desirable not to deal with the case upon the technical points raised by the defendant. The information was wrong in setting forth the language was used in Ballarat-street. The plaintiff aloue swore to this, while nil the other witnesses deposed the language being used in a butcher's shop. That shop, in his opinion, came within the meaning of a public place by terms of the Act. The evidence was not sufficient to prove the complaint, apart from legal technical doubts. —Case dismissed. Plaintiff asked for cos's. Mr Ueetham : The case is dismissed without costs.

Malagiian v. R. W. Daniel.—£32 3s 8d dishonored bill of acceptance. Mr Barton for plaintiff; Mr Turton for defendant. The count had been withdrawn, the plaintiffs solicitor stating that though the bill had been given after defendant's insolvency the debt arose out and under it. Mr Turton objected to such a short notice as delivered, and claimed costs. Legal argument ensued. The Court would not allow cnsts. Case withdrawn. Each party to pay his own expenses. Howell v. Howabth.—£so, damages for trespass of sheep upon a piece of country at Lake YVakatip, near Half-Way Bay, adjacent to run known as No. 18. Mr Turton for plaintiff. The defence was "not guilty," and that the defendant was unaware that tbe small block in qui stiou belonged to the plaintiff. Replications ensued. The defendant said he had only a small number of sheep running in this direction. The Court said it was the duty of defendant to ascertain the bouudaries of plaintiff's run. The evidence was clear that the defendant had trof passed ; that he had not sought information from Mr Spence, surveyor; and that the depasturing b >undaries of run .No. 18 had been over-run. The case appeared one m<»re to establish a right than assess damages. Damages Is, and costs, £4 9s.

Friday, 10th October. Adams t. William and Mart A. M'Donald —Three separate charges of assault were laid against the defendants. All the parties are neighbors residing at Arthur's Point, and have been living on terms of intimacy with one another. Mr Turton for defendants. Cases dismissed, with costs £2 2s, and costs of Court. Wednesday, 15th October. Mary Stewart, in a state evidently bordering upon the delirium tremens, was sentenced to two days' imprisonment for drunkenness, and, for vagrancy, to a further period of fourteen days. Sergeant Bullen described her house as in a most filthy condition, and that she consorted with low characters and Chinese. The Bench directed that she should be properly looked after.