DISTRICT COURT.

North Otago Times, Volume XXVIII, Issue 3972, 4 June 1885, Page 3

DISTRICT COURT.

Yesterday. (Before His Honor Judge Ward). IPPBAL CASE.

Downing v. Thompson.— An appeal from the decision of the resident raauistrate In the case of the police v. Downing, for sly groe selling, in which Downing was sentenced to pny a fine of L2O. Mr O'Meagher appeared foe the appellant, and Inapeotor Thompson defended. Louis Johnston, the informant in the previous case, was called, and repeated •the evidence given by him in the case Yiesrd in the lower court, and was crossexamined by Mr O'Meagher.

Maurice Downing was called for the defence. His evidence was the same us that given in the resident magistrate's court.

Mr O'Meapher, in closing the case, said fee wished to draw his honor's attention to clause 171 of the Licensing Act. Corroboration of a witness's evidence was necessary to establish a conviction, and he quoted an authority bearing out his contention. It would be a very unsafe thing to convict on the evidence of a man who, according to the evidence of the appellant, had malice in hii mind. There was no more evidence before the resident magistrate than had been placed before his honor that day. The question was, who was in the condition that would be most likely to lead to the giving of a coherent statement of what took place. Undoubtedly tho appellant. He contended that the conviction should be quashed »n the ground of insufficient evidence and of malice.

His honor, in giving judgment, said that in the case of a person who aoted in the oapacity of an informant it might be deemed necessary to have his evidence supported by corroborative evidence, but in the present case the informant was ©ofc a person of that description — thero wm, in fact, no evidence to show that he <had «tar been connected with a similar •cm* before. There was also the fact to be taken into account that although the .appellant atated that there were a numifcer of man in the room at the time the

b«er wa« alleged toh»YO bee > sold, he had not o*ll- •« a..y „f <h"s« men to aupp<>r< hisßtntcmeat that the money whb paid for h bed and nol: for drink. The appeal would therefore be dismissed with cobls ogainßt the appellant.

IN BANKIIUrTUY

In re Michael Murphy. Mr Crawford appeared for the official assignee. He made a statement showing the position of the bankrupt's estate, after which the bankrupt's name was struck nut of the liV

Iv re Joseph Perriman. Application for public examination. Mr B;»lmer ap peared for the bankrupt. The examination waa declared closed.

In re. Peter Wilson. The application of the bankrupt for his public examination was declared closed.

In '.c Thomas Shalders. Application for public examination. Mr Balmer appeared for the bankrupt, and the examination waa declared closed. Mr Balmer Baid there waa a dispute about some potatoes sold by the bankrupt previous to hia bankruptcy. The sala did not detract from the honesty of the bankrupt, but it left proceedings in suspense if a decision were not arrived at. His honor said it would not interfere with the order of

In re David Ballintine. Mr Crawf appeared for the bankrupt, and his plication for discharge was granted. The applications of those bankrupts who intend to apply for orders of disoharge was fixed to be heard for the 20th instant.