RESIDENT MAGISTRATE'S COURT, Friday, 11th December, 1868. (Before Thomas Windle Parker, Esq., R.M.)

North Otago Times, Volume XI, Issue 372, 15 December 1868, Page 2

RESIDENT MAGISTRATE'S COURT, Friday, 11th December, 1868. (Before Thomas Windle Parker, Esq., R.M.)

Robert M'Leod wua charged with having been drunk and disorderly on the previous night. The Sergeant of Police stated that, on Thursday night, Mr Rosa, bootmaker, sent information to the police camp that accused had been making a tremendous noise at , his place, and was knocking his property about. The accused, was arrested by Constable Boyd and taken to the lock-up, where his conduct was exceedingly violent — more like that of a lunatic than a sane man. Mr Ross did not wish to press for the damage done by prisoner to his property, but hoped he would be otherwise punished. Fined 20s. Pinkerton & Company (Limited) v. Douglass. — Claim L5 6s. 6d. Mr Rowlafct for plaintiffs. In this case, adjourned from the previous Friday to allow of the attendance of defendant's witnesses, the defendant did not appear. Judgement was recorded by default for plaintiffs for the amount claimed, with LI Is. professional costs, and 13s. costs of Court. Cartridge v. Bezett & Rowlands. — Claim L22 4s., for work and labor done. Mr Allanby for plaintiff, Mr Rowlatt for defendants, Defendants pleaded payment into Court of L2 8s. 4d., and " not indebted" as to the balance. Mr Allanby objected that the costs should also have been paid into Court by defendants. The hearing of the case was ultimately adjourned until Saturday. Meek v. TurnbuU. — Claim for work and labor done and material supplied, L10 2s. 6d. Mr Allanby for defendant. In this case the evidence went to show that the defendant ordered certain stable fitbirgs of plaintiff. Plaintiff stated that the order was givan nine or ten months ago, and defendant averred that it was given eighteen months ago. Neither party produced any exact evidence as to the date of the order. Both agreed that at the time the order was given, plaintiff stated that there was no suitable material in Oamaru. Plaintiff swore that on the arrival of the timber he executed the order and gave notice to defendant about six weeks afterwjrds, which was the first opportunity he had of meeting him, and the defendant had at the time the order was given, agreed to take the fittings out to his place, where they were to be put up by him (plaintiff). Defendant denied that there was any such agree- - ment between them, and stnted that in consequence of the long delay on plaintiff's part, he had had to put up temporary fittings. Under cross-examination by defendant's counsel, the plaintiff stated that he had a memorandum in a note-book of the particulars of the order, that memorandum was not dated. Tho Magistrate observed that the whole case turned upon the question aa to whether there had been reasonable despatch in the execution of the order, and unless dates could be established, it was impossible to decide the point. The case was adjourned until Monday to admit of the production of further evidence. Hilliker v. Amos. — Claim for goods supplied, LI 128. 7d. The defendant admitted indebtedness, but stated that he was out of employment and had no funds to discharge the liability. Judgment for plaintiff with costs.

Satubday, 12th Decembeb, 1868. Cartridge v. Bezett and Rowlands. In this caBe, adjourned from the previous day, it appeared by the evidence adduced that plaintiff bad been employed by defendants in breaking up the wreck of the Water Nymph. He, plaintiff, claimed to have been engaged by the week, and consequently sued for his time, whether able to work or otherwise during his time of employment. Defendants showed that he, plaintiff, was engaged by the day, and that during the time for which he claimed payment he was working for othor parties. Judgment was given for plaintiff, for 4a. 6d. and L2 5s. costs.

Monday, 14th Decembeb, 1868. Owen Galvin was charged with assaulting Thomas Prooter, landlord of the Eoyal Hotel. It appeared that on Saturday last, accused, who was previously known to complainant as a quiet and inoffensive man, entered the hotel, and, after looking into all the rooms on the ground floor, rushed upstairs to the bedrooms. Complainant followed him, and on enquiring what he was doing, was violently assaulted by accused, who kicked him complainant in the chest, and afterwards kicked him down stairs, striking him with his foot violently some dozen times. He, complainant, succeeded in ejecting Galvin, who thereupon struck him twice upon the face. Fined 40s. Richard Wilson was fined 20b., including costB for furious riding, Donald M'Intosh, furiouB riding. — In this case, adjourned from Thursday last, the defendant did not admit his being at the place in question, denied that he was furiously riding, and abo seeing the witness M'Leod on the day in question. On the application of Sergeant Bullen, a further adjournment was granted to admit of the production of evidence as to defendant's identity. Adjourned till Thursday. Meek v. Turnbull. — Mr Allanby stated that Bince the previous hearing ho had had an interview with Mr Lemon, but that gentleman was not present, having had to go to Dunedin. He had Been Mr Lemon's book, by which it appeared that the timber had been ordered in June and supplied in July, 1867. The Magistrate said that in the absence of any exact evidence as to dates, it was impossible to decide the question as to whether there had or had not been due diligence on plaintiff's part. He would both leave parties as they stood by entering a nonsuit. Nonsuit accordingly.