RESIDENT MAGISTRATE'S COURT. Tuesday, May 3. (Before T. W. Parker, Esq., R.M.)

North Otago Times, Volume XXVIII, 4 May 1881, Page 2

RESIDENT MAGISTRATE'S COURT. Tuesday, May 3. (Before T. W. Parker, Esq., R.M.)

BUEGLARY, John Young and John Dallas wero brought up on remand, charged with burglariously on term;,' the cellar of Watson's Imperial Hotel, at Ilerter 1 -. Mr Newton appeared for the accused, and continued his cross-examination of Constable Joyce, who stated that Dallas was under the influence of drink when ... rested. The hotel w, s closed at the time of the arrest — about twelve o'cl >ck. Young did not mention his name when arrested, bnt he might have said th.it he (witness) knew who he was. lie did not say that he would explain how he came there. Witness had j known both the accused ever since ho had been stationed at Herbert, but not previously. He knew that Dillas had been in Watson's employ for al.out four months. Had never heard that he was a weak-minded man. Th'j light he saw in the cellar he believed to be that of i match that he heard Htruck, and at thrt time there were no lights in the hotel. Sergeant-. Major Thompson called Peer Stobo, residing at the Imperial Hotel, Herbert, who deposed that DaHaa was employed by Mr Watson as general rouse-about, and slept in the room next to witness. He took no part in the management of the bar or other parts of the house. On the night of the 27th Apul, he had gone to bed about 11 o'clock, and was awakened about 32 o'clock l.y a noise of shouting outside the house, and heard the remark " If you don't keep quiet I'll

shoot you." He got up and went to the ft out door with Mrs Watson, and saw Constable Joyce about six feet from the door. The constable got a light fiora Mrs Watson, aiul witness accompanied him to the cellar door. He followed the constable in and locko 1 the door, the constable going to search the cellar. The stable key (produced and identified) was on the outside of the cellar door, in the lock. The constable brought D illas from where ho was crouched down Uyiug to hide himself. The constable collared him, and told him to keep quiet. Dillas appeari 1 to catch the consto-hlo as if by the face, but aft-rw.irda kept quiet. When DalLu w.ia arrus ed hu sud that there was an<>th >r linn inside, pointing further up the cellar. Witne-.a took the cmdle from the constable, went in the direction indicilod and saw a pair of leys coilel up behind one of tiie atone pillars, where the distance between the floor aud the roof was about two feet. Witness aaid " Jack, you had better come out of that." Young said " Tin coming ; but it's a pity a fellow can't be allowed to sleep." The accused, You.icr, cftme di.vii perfectly quiutly. Witness saw a full bottle of " Oonnaught " whisky lying loose near the cellar door. Witness assisted to convey the pmonen to the Hampden lock-up. Tho next forenoon he wont to the stable, wh-jie he found another bottle of whisky of the simo brand as the other. Oroai-exammed : Did not know either of Ihe accused prior to going to work at Watson's Hotel. Bjlieved from Watson's statement that Dallas had been in hia employ ott aud on for about three years ; but he (Dallas) sometimes went away harvesting. Was in the bar on the evening of the 27th ; Young came in and got some beer — two bottles full — which witness helped to Fll. The house was locked up shortly after witness went to bed. Witness had nothing to do with the mmagementof tho hotel, and he merely judged of the nature of Dallas's duties from what he had observdd. iS' ever saw any stuff brought irom the cellar to the bar, and did not know who was in the h.bit of bunging it. Knew the stable i'oor key from having frequently seen and haii'ile.l it. The st ible key was nut the one generally used for the cellar door — he only knew of one key for the cellar, and it hai been broken and mended again. From where witness was standing he could easily see what took pi ice between Dallas and the constable, which was merely niO'iientaty. Mr Thompson applied for a further romand, m order to produce the evidence of Mrd Watson. The accused were therefore remanded till Monday next, bai' being allowed as before.

CIVIL CASES. Freeman v. Atkinson — L 5 63 for rent of two rooms at 63 per week. Mr Newton appeared for the plaintiff, and Mr < )'Me..gher for the defendant. Having heard evidence for both sides, his Worship, in giving judgment, said that the arrangement between the defendant and the plaintiff seemed to have been altogether a most unsatisfactmy one, and he would divide the amount claimed, and would theieforn «ive judgment for tho plaintiff fur L 2 13 <, with costs. Feu Wing v. Alice James— This casa was adj mnied till Thursday next to enable the plauitiff to bring an interpreter Nith him to court.