RESIDENT MAGISTRATE'S COURT. Thursdat, 4th January, 1866. (Before Thomas Windle Parker, Esq., RM.)

North Otago Times, Volume V, Issue 99, 11 January 1866, Page 3

RESIDENT MAGISTRATE'S COURT. Thursdat, 4th January, 1866. (Before Thomas Windle Parker, Esq., RM.)

F0RQ1NG AND TJTTEKINQ. Ja«. Spiers wu charged on remand from the previous *lay with having, on the 2n-l inst., forged and uttered an •order for payment, purporting to be signed by one Peter M'Kenzie, for L2. Sergt. Bullen conducted the case for the prosecution. The prisoner wa* undefended. Peter M'Keniie, being sworn, deposed to the following effect : — X km a laborer, living at Oamaru, and son of Alexander M'Kenzie, sub-contractor (under Mr Hugh Calder) for the formation of the road to the Oamaru Jetty. Am authorised to act for my father in his absence. Know one Wm. Hay ton,. one of the foremen on the works. Know the prisoner, he was employed on the works up to the 2nd inst. On that day Mr Haytou came to me and told me that he had orders from Mr David Calcbr (who is alto a partner of my father in the ■works) to get his (prisoner**) time, and an order on Mr 'Calder for his wages. Gave Hayton an order accordingly ; it was for five days wages at 7s 6d., LI 17s. 6d. I told Mr Calder shortly after five o'clcmk that he might soon expect an order to be presented by Spiers for LI 17s. 6d. I went away, and on returning in about balf-an-hovir, Mr Calder laid Spiers had been and presented an order for L2. J said Spiera had not got an order for L2. The order now produced is the^ne I refer to. That order is not in my hand-writing, and £ declared it a forgery. I went and looked for the piisoner. I iound him near the bridge over the Oamoru Creek. I asked him if he had got his money, and he said " Yes." He said he got t-o notes. I asked him if he had an order for that amount, and ho said yes, and that he had got it from Hnyton. I asked him to accompany me, and I then took him to the polioo station, where I gave ltiin in charge. Prisoner formerly received one payment for six and-a-half days wages at the rate of 7s. 6J. per day. He was never promised an increase of wages. No other foreman or person employed on the works had any authority to draw x>ut orders for payment. Cross-examined by prisoner. —You snid to me you received two notes as your piy. W. Havton and D. Calder were next examinod, but their evideaoe was simply corroborative of that Adduced by first witnec*. F. M'Ksnaio, recalled, further doposed: — When in front cf tb# Polio* Station, prisoner said h« had dec-

troyed the order Hay ton gare him, and that he had substituted the one now produced in it» place. He said he did it so that he might obtain an increase of wages to 8a. a-day. Sergeant Bullen deposed to taking Spiers into custody on information receired from Peter M'Kenzie. On searching his person, found the «um of LI 11s. When arrested, prisoner made, a statement to the effect that he did not mean to defraud Mr M'Kenzie. This was all the evidence, brought forward. On His Worship cautioning the prisoner in the usual manner, Spiers made a statement to the effect that " it was not so much the value of the money he did it for, but simply because of his thinking he was doing as much work as any man on the works, and entitled to more than 7s. 6d. per day. The prisoner was then formally committed to take his trial at the ensuing sessions of the Supreme Court.

Fridat, 5th Jamuabt, 1866. Oecrge George was fiiied 10«. or 24 hours imprisonment for drunkenness on the night of the 4th inst., in Itchen-streeb. He was further sentenced to 48 hours imprisonment with hard labor, for indecent exposure of hi* perton on the same occasion.

CIVII, CASK. G. Sumpter v. James Menzie.— Action to recover L7 10s. on ft dishonoied promissory note. Defendant did not appear, and judgment was given by default for amount and costs.

SATtJRDAT, 6TH JANUABT, 1866. ASSAULT, WITH INTENT. Patrick Hessian was charged with this offence on the person of one John Tobin, at Maerewbonua, on the night of 1st January. Tobin being unable to appear, a medical certificate to that effect wiu put in. and Sergeant Bullen asked for a remand for a week. The case wai remanded till Saturday, 13th instant, accordingly.

Tuesday, 9th January, 1866. civil case. Rosi v. Ashcroft. — This was an action to recover L26 5s. lid. (reduced to L20), baing balance on a disputed account for work and labour done. Mr O'Meagher appeared for plaintiff. From the evidence there appeared to be great confusion in the accounts, and notmug of public interest was elicited. . Defendant had paid L5 into Court, but judgment was given for L12 more, as chargeable to the firm with which he is connected, and which he agreed to see settled.