The Nelson Evening Mail. WEDNESDAY, OCTOBER 9, 1867. RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume II, Issue 237, 9 October 1867, Page 2

The Nelson Evening Mail. WEDNESDAY, OCTOBER 9, 1867. RESIDENT MAGISTRATE'S COURT.

"Wednesday, October 9. [Before J. Poynter, Esq., JR.II.] The following civil cases were heard: — N.T.Lockharfcv.G-. Fleming. This was an action to recover £44 195. lid. It appeared from the evidence that the plaintiff had ordered in January last from 5 to 6 cwt. of cheese from the defendant, who sent him 1785 lbs., and drew upon him for the amount, £91 14s lid. Plaintiff refused to accept the draft when it was first presented, but on the defendant asking him to accept the bill and to treat the cheese as a consignment, he complied, and sold the cheese by public auction for £46 15s. He forwarded the defendant the account sales, and took up the bill for £91 los lid. when due, and a balance was now due to him of £44 19s lid, for which he held no security. Mr Pitt appeared for the plaintiff, and judgment was given against the defendant, who did not appear, for £44 19s lid with costs. James Hargreaves v. Loring. This was action to recover £6, balance due to the plaintiff, shopmau to the defendant, the proprietor of the Nelson Meat Bazaar, at £2 10a. per week. The defeudant disputed the claim on the ground that £2 per week were the usual wages given, and judgment was given for £4, which had been paid into Court, Thomas Brown was charged with unlawfully assautting Elizabeth Jennings on Monday last. It appeared that the prisoner had lodged with the complainant for five weeks, aud had paid for the first two weeks; when asked to pay for the last three weeks £3 15s, he refused to do so, and used very abusive language. The complainant refused to allow his things to be removed until he had settled with her. He came three times to demaud his property, each time threatening revenge, and on Monday when he came again, demanding his things, was refused. H.e then went into the street and took up a good sized stone, and threw it at the plate glass window, two of which were broken. The prisoner made no defence, and was ordered to pay £3 10s and costs, and in default of payment, committed to gaol for one month. William Hopkins and Albert Christmas were charged with assaulting James Lowe, on board the Dona Anita, this morning. The complainant stated that on going on board the Dona Anita this morning, in the execution of his duty as pilot, the prisoner Hopkins attacked him, pulling him off the rail on to the ship's deck ; the other prisoner was standing o\er him. The chief officer, Daniel Short, witnessed the whole transaction, and said, that oa the prisoner Christmas taking hold of the complainant, he was seized in his turn by one of the crew of the pilot-boat and pulled away. It appeared from the evideuce of George Crosby, one of the hands on board the pilot-boat, that the prisoner Christmas had not committed any assault, and on his askiog him to go away he at once com-

plied; The prisoner Hopkius was sentenced to two months' imprisonment for a common assault. The prisoner Christmas, and three other seamen of Dona Anita, George Ross, James Jones, aud Charles Smith, were then charged with uttering abusive and threatening language to the pilot on the same occasion. It appeared that the prisoners had been paid a portion of their wages on the previous evening, had gone on shore, aud came on board tiie ship iv a state of intoxication just when the pilot was moving her, preparatory to her leaving the wharf. The chief officer corroborated the statement of the pilot as to the abusive language used by the prisoners, Christmas being the least abusive. The last mentioned prisoner was discharged, and the other three men were fined £50, under the Marine Act, or to be imprisoned until the amouut is paid, the Magistrate observing on the absurdity of the penalty which he was compelled to enforce in compliance with the provisions of the Act. This sentence was afterwards reversed by the Magistrate, and the three prisoners were sentenced to pay £5 each, and in default were committed to gaol for one mouth.