MAGISTRATE'S COURT.—Tuesday.

New Zealand Herald, Volume I, Issue 280, 5 October 1864, Page 6

MAGISTRATE'S COURT.—Tuesday.

(Before Thomas Beckham, Esq., R.M.) inU'NKAltllS. William Nicholson, George Muiray, Charles George, and Mary JJoran were dealt with in (lie usual manner. t.k>:achi:s of m pounmno act. .Tames Williamson was charged with allowing a horse, his property, to stray at large in the Kuranguliape road, on the 2(ifli September last.

The accused pleaded not guilly. Mr. Bevcridge appeared for the defendant. Thomas Orton deposed: 1 am a constable in the Auckland armed police. At half-past, live on .September 20th, j found the horse straying in tlieKaranguhape road, and I brought it up to the pound. I enquired whose horse it was, and was told it belonged to .Tames Williamson. 1 went next morning to the accused's home, and it was claimed bv the accused's wife.

Mr. Jievcridge submitted that, this case must he dismissed, on the ground that the information was incorrect, and should have been laid against the accused's wife. Tho Bench advised the Commissioner of l'oliee to withdraw the charge, but it was afterwards adjourned till Wednesday to give time to produce further evidence. John McGinley was charged with allowing a steer to stray in the Grafton road, and pleaded not guilty, stating that he never posted a steer since he had lived in the Province of Auckland. Thomas Orton, a police constable, deposed : At 4 o'clock, 011 Sept. 27, I found the heifer straying in the Grafton Road. I drove it towards the farm and turned up Vincent-street. It was there claimcd by the accused's son as being the property of the defendant John McGinley. On the application of the accused the case was remanded until Friday in order to subpuuia the son of the accused, and also a man living in Mechanic's Hay, to whom the accused stated that lie had sold the steer irt question before the charge was laid against liim. Alexander Black, John Iligghis, Alexander Whisker, and W. S. Constance were also charged with and pleaded guilty to similar ollences, and were severally lined in the full penalty of 40s. and costs. chimney ox i-n;i:. Jioberfc Kirkpatrick and George Carter were fined 40s. and costs for the above ofl'once. The Commissioner stated that the chimney in question was on lire in Queen-street on Saturday night, nnd the fire bell was rung and caused some considerable excitement. DESEBTINO A WIl-'B .A'CD TJlllEli C11ILI)1:E.V. John Holt was charged with having unlawfully deserted his wife, Lydia HoU, and threo children, without reasonable cause. Mr. Wynn appeared on behalf of the complainant, and stilled that the accused was well to do, though only a labourer. The Bench fined tho accused in the sum of £'5, and ordered him to pay £1 per week for tho support of wife and family, the money to bo paid into Court. The fino of .£5 to be exacted, if the money /was not paid "svoek punctually.

AS.SAUI.T. James Dunl-ar was charged "with on assault on Graves Aiekcn. There was no appearance of either paitics, and the case was thoreforc dismissed. NKOI.V.CT O'.-' DUTY. Henry Brown was brought up on a charge of this nature, alleged to have been committed on hoard the 'Yarra.' The prisoner pleaded not guilty. Henry Tulloch, sworn, stated : I am master of the schooner 'Yarra.' The defendant is an articled seaman belonging to that vessel. On Wednesday morning last, the accused had charge of the anchor watch. He wan to have called me at half-past thice o'clock, in order to get the vessel to the wharf, lie failed to obev niv oidei, and went to sleep on the forecastle. In consequence of this neglect I did not reach the wharf til! the next. day. Ido not keep an ctlicial log, hut produce thu, signed hy the mate. _ ]iy tin. prisoner: You were not up all the night before. You had vour usual watch below the night previously. The prisoner stated he had heen working all day, from six in Die morning until six at night. His Worship said that sleeping on duty was a very serious mattrr. The vessel might have experienced some accident. 31 e should tind tlio prisoner guilty, and order him to he impiisoned in the common gaol of Auckland for 11 days, with hard labor.

ANOTHF.K CASK or ASSAI'I.T. The (!\sc of assault preferred TohiuHose by Frederick "Ward iva? not proceeded with, there boinp; no appearance of either parties in Court. 1111KAC1T OK TIIIRTT/K ACT. John Kelly was charged villi a 'breach of the above Ordinance. Mr. Wynn appeared on behalf of tho prosecution, and Mr. Merriman for the defendant. Ml". Merriman requested that the information should hi; amended, as it was really impossible to swear that the land so indefinitely pointed out was or was not cleared. J lis "Worship said the ease must he cortfmcd to the particular part, of the notice. Mr. Merriman stated that the summons had only been snri-ed on the defendant 011 Saturday and he was not prepared to go on with tho case. He should, therefore, apply for ail adjournment until Friday week, i\lr. Meniinnn agreeing; to pay all eo.sfs of the adjournment, with tho exception of Mr. Lewis'.-, tlie informant. Mr. "Wyim trusted the Court would go on with the can- at once, it was most inconvenient for Ml-. Lewis to appear again, as his time was fully occupied. Mr. Jleriinii.il submitted that if was impossible for tho ease to £0 011 to-day. and requested ail adjournment until Saturday, which was accordingly granted. Mr. T.ewis applied to the Court for his expenses to be paid to the Government for his loss of time. His "Worship said lie never heard of .such an application, and could not entertain it for a moment. This closed the business for the (In)".