RESIDENT MAGISTRATE’S COURT.

New Zealander, Volume XXI, Issue 2296, 9 December 1864, Page 5

RESIDENT MAGISTRATE’S COURT.

Thursday. (Before Thos. Kidd, Esq., Dr. Horne, and J. Preece, Esq., J.P.’s). There were forty-six cases entered for hearing this day, the majority of them were, however, settled or undefended, and several were adjourned. The following cases were undefended, and judgments were given for the plaintiffs: -Syras v. Maddox, jEIO 11s. 4d , for goods; Waldron v. Taylor, £7, amount due ; Copland v. Griffiths, £8 , Lewis Brothers v. Lloyd, £lO Is. ; Moore v. Hobbs, £3 Os. 3d ; Wright v, Smith, £2 175., for timber. Major v. Trimmer. —Claim, £1 12s. Judgment confessed. To be paid by Bi. a week. Keegax v. Coe; McHugh y. Same ; O’Neill t. Same. —These were claims for wages. Mr. Beveridge for plain tiff. Mr. Brookfield, for defendant, said his c'ient was a Government contractor at Waikato, and had £BO or £9O owing him by the Government, which had not been certified by the surveyor. The amount as soon as received should be paid into the clerk’s hands if execution were stayed in the mean time. The matter was so arranged.

Malcolm v. Osboexe.—This was an action to recover £54 damage sustained by defendant's son shooting a cow, the property of plaintiff. Mr. Brookfield and Mr. J. B. Russell for plaintiff. Mr. Beveridge for defendant, argued that Mr. Osborne was not responsible for his son's actions. No man was liable for the acts of another. Mr. Brookfl ;ld, on the part of plaintiff, said if it were proved that the son in this case had been acting under his father's orders, it evidently came within the cognizance of the Court. The plaintiff was called, who stated that he saw defendant's son get into a boat with some men ; shortly after he heard three shots. A day or two after, on the •pot where he heard the shots, he found half of a cow hanging up and dressed ; this he saw placed on board the ' Bessie,' the defendant being present. A day or two after he found the skin of his cow buried near the spot. This he identified. Mr. Beveridge was here sent for to appear at the Supreme Court in a criminal case. Mr. Brookfield asked that the case might be adjourned until tha following day. Case adjourned.

Bainbkidgk t. Hanley.—Claim, £l7 Us. 6d. for carting bricks. Mr. Beveridge for plaintiff, Mr. Leary for defendant. £ll. 15s. had been into Court, a portion only of the account beinc disputed. Defendant stated that he had given orders that no more carting shonld be done. Judgment for plaintiff for amount claimed.

POLICE COURT—Wednesday. Before Major Heaphy, J. Prekce, and H. Gilfillan, Esqs., J.Ps. Druxlcards. —Wm. Jones, Geo. Ca'lman, and Wm, Buchanan were fined for getting drunk. Charges of Embezzlement.—George Law was brought up on remand on a charge of embezzlement. Mr. Brookfield, on behalf of Mr. Merriman, who was engage 1 at the Supreme Court, asked for a further remand for a week, as witnesses were required from Tauranga and Taupo. The prisoner offering do objection, he was remanded for a week. Joseph Dewart was also brought up on remand on a charge of embezzlement. Mr. Brookfield said he had to make a similar application to the last one, and to ask for a further remand, for the production of witnesses from Wangarei. Every effort had been made to secure the attendance of a material witness, but without success. The Court decided to admit the prisoner to bail, on his own recognisances of £2OO, to appear when called upon. Robbery from the person.—Stephen Dempsey and John Ratchford, two privates of the 18th regiment, were charged with having, on the previous day, stolen a watch and guard, of the value of £lO, the property of Henry Hill. Prosecutor said: lam a private in the Waikato Militia. I know the prisoners. I was at the Wheat Sheaf Inn yesterday, about 4 o'clock. T had a silver watch in my pocket and a guard round my neck; it was a silk guard. There were some ornaments attached. I did not see the prisoners then. Whilst Ifjwas lying down in the Wheat Sheaf, I saw the prisoner Ratchford open the door and look in where I was lying. He entered and walked about cautiously. He then came up alongside of me. He took my watch from my pocket, and smashed the guard. Ha then ran out of the door. I jumped up and followed him. I met the waiter and told him I had lost my watch. The second prisoner came up policeman had taken him. When I got up to Ratchford, I asked him where my watch was. He said he had'nt the watch and knew nothing about it. Constable Houghton arrived at and I gave prisoner in custody for stealing my watch. The second prisoner, Dempsey, arrived at the time. I gave him into custody. He said there must be some mistake, Ratchford had not taken ray watch, and I had given the wrong man into custody. Constable lock both into custody. After Dempsey came up Is iw the prisoner Ratchford try to pass the watch to Dempsey. I |took hold of Dempsey's arm while the policeman took the watch from him. Constable Houghton then asked me to assist him to take prisoner to the lock-up. Whi'st we were attempting to do so. Dempsey struck the Constable and Ratchford struck me, and both made their escape. I did not s e them again until this morning. The watch guard, &c, are my property, and are the same as were stolen from my person* There value is about £7. To the Bench ; There was no one in the room when I weut and laid down. I was not asleep. John Thomas, said: lama waiter at the Wheat Sheaf fnn. I know the prisoner Ratchford, and saw him at the Wheat Sheaf yesterday. I re:c'« lect yesterday between three or four o'clock, the prosecutor was at the Wheat Sheaf at the time. He was. lying on a sofa in the back parlour. I was at the 1 ar. I heard some one run through the passage from the back-room. I heard prosecutor call out "he has got it." The prisoner Ratchford was running a-vay and I ran after him. I caught him at the back of the basket shop in North Queen-street. I told him I wanted him to come back from where he ran from. I kept him there until prosecutor and a policeman arrived, I then went away. Thomas floughton, said: lan a Constable in the Armed Police, and was on duty in Queen-street abont i o'cloek yosterday. I saw a soldier ranning down the street from the direction of the Wheat Sheaf Inn. He turned up East Wellesley-street. The last witness was running after him. He overrook. him and they commenced struggling. The prosecutor came up and charged the prisoner Ratchford with stealing his watch, guard, and ornaments. He gave him into custody. The prisoner Dempsey then came up and interfered and endeavoured to release tha other prisoner. I saw the prisoner Ratchford pass the watch to the prisoner Dempsey, * I caught hold of Dempsey, who dropped the watch. I picked it up. Ho then threw me dowh and kicked me over the mouth. They then made their escape. I kept possession of the watch; it was identified by the prosecutor . -Robert Lloyd said : lam a constable in the armed police. I know the prisoners. From information I received I apprehended the prisoners in company with Constable Clark and Merrigan on the road to the cemetery. They were taken to the lock-up and identified by the preceding witnesses as the persons who had escapel from them. Prisoners offered no defence.—— Ratchford was then committed for trial on a churge of larceny, and Dempsey as an accessory after the fact.