MAGISTRATE'S COURT.—Wednesday.

New Zealand Herald, Volume I, Issue 287, 13 October 1864, Page 5

MAGISTRATE'S COURT.—Wednesday.

(Before Thomas Beckham, Esq., li.M.) DRUNKENNESS. Robert Dillon, Elizabeth Canning, and Alice Brown charged -with the above ofi'encc, wero dealt ■with in the usual way. COMMON DHUNKAUD. Sarah I [ill was charged with being a common I drunkard. The accused pleaded guilty, and was ordered to find two sureties of £30 each to be on her good behaviour for six mouths. ItttEACK Of 17th CI.AL'SK 01' If AliltOl'U UKOULATIONS. Jjuncau lverr and John Chute wero charged with a breach of the above regulations by emptying a quantity of filth in the harbour below nigh-water mark in Ereeman's Bay. Sergeant Mollov deposed: I know the defendants. On Friday the 7th of October last I saw thorn in Freeman's Bay about half-past, one in the morning. They were coining from the beach after placing a quantity of filth below high-water mark in the harbour. The tilth was carried in a box in a cart. I could perceive that the soil had just beon placed there. The defendant Chute came back with a lantern in his hand and admitted it. The other defendant stopped with the cart. By tlio defendant Chute: You were a-vcry short way from the beach when I saw you. You admitted the fact of your having thrown the soil into the water, and you also begged me not to bo too hard upon you. Andrew Clark, sworn, stated : T am a constable in the Auckland Armed Police: On Eriday tho 7lh oi October last I was on duty with Sergeant Molloy at Ereeman's Bay, and saw the accused with a liorso and dray, with a box placed in it on purpose to take thi filth away. This was about half-past ono in the morning. I went to them as soon as 1 could. Chute went back with Sergeant Molloy. He said ho had brought tho soil, and took us to tho placc where it had been left. "\Vo saw several loads, but 1 . cannot say whether it was recently loft or not. The , defendant Chute admitted having deposited some soil in tho water, but denied it being below liigh-watei mark.

The Commissioner of Police said that ho was Burprised at the accused making this defence, as tlicv had frequently been guilty of the offence before, and even alter this information was laid had done so. His Worship said there was no excuse* whatever for the. accused. Every ciu-c of a similar nuturo had been fully reported in the public prints, and such intolerable nuisances must be put a stop to at once. 'Iho defendant said ho had had no caution from the police. llis Worship remarked that the defendants should at any rate li-.vo a caution now, and ordered them to pay a fine of £10 and costs. HKKACH OP 1-ITII CLAUSE HUILMNO ACT, 1808. Ilenry I'robeit was charged with an ull'ence of this description, by commencing in Shortland-street, a building,without giving 24 hours' notice in conformity with the Ordinauee made and provided. The accused pleaded not guilty. Mr. Merriman appeared for the informant, and applied for an adjournment until noxt Friday, which the accused having consented to, was accordingly granted. I'EIUURY. Allen Stewart, late a captain attached to tho 3rd Waikato regiment, was brought up under war) ant, charged by one Henry G. lilackmore, an Ensign in the *lth regiment of the Waikato's, with having committed wilful and corrupt perjury on the Gth day of (October hist, in the testimony which lie gave upon cath as a witness at the trial of a certain cause between one Allon Stewart plaintiff, and Henry G.

Blac.kmoro defendant, in the Resident -MugißtwiUsV Uourt at Auckland. Elizabeth Stewart wa.-i also charged with an oftenco or tho like nature. F " nl °" n PPcared on behalf of the prosecutor, and Mr. Leury (of tho firm of Wynn and Lcarv) for tho Prisoner. Mr. Fen ton said, thatinany of the witnesses in the case ior tho prosecution, were some distaneo away, some even as far as Tauranga, he chould therefore apply for a remand in both cases, for a fortnight. Air. Loary applied for tho prisoners to bo released on bail. Mr. Fentou would liko to know tho amount proposed, he decidedly objected to tho male prisoner being released on bail, as in all caßes of a like nature, as tho present, it was of course liighlv desirable that thoro should not be tho slightest fear'of the witnesses being tamper.- 1 with. His orship, remarked that tho reasons brought forward against the application for bail by tho learned counsc. were obvious. Tho Court had power to grant a remand in such cases. But by tho J ltli and 12th of Victoria, the utmost limit must, be lor eight, davs. lie would be glad to know wheu Mr. Feuton, would be prepared to go on with tho case. Mr. Feuton would procecd with the charge against the male prisoner on Saturday, if it would suit the Court, but could not pledge himself ag to when ho would bu prepared to conduct the case against Mrs Stewart. ° His "Worship said if tho Court granted bail, tho prosecutor must look sharp after his witnesses. He should decline to take bail lor Captain Stewart, but as it was probable that the case against Mrs. Stewart would not bo proceeded with for about a fortnight, lie would be unwilling to refuse the application for bail for a lady in her painful position. Tho Court would therefore accept security for her appearance in Court this day week, in tho amount of £600, either iu three sureties or £200 each, or two sureties at .A-'.UIO each. In the civil action lately brought bv the prisoner against Ensign Bluckniore, the prosecutor in the present case, and judgment in which case had been deferred, lie would remark that the criminal charge noiv preferred against the plaintitf would in no degree aUect- the case, as the whole question rested upon a mere point of law. His Worship would give judgment as he had previously stated, to-morrow morning, and suggested that Friday would be a good day to proceed in the present charge against the first prisoner. Mr. henton said that tho day snggestod would be convenient to him.

ilis Worship remarked that the better plan would be for the counsel for tho prosecutor to leavo the names of his witnesses in tno hands of tho Commissioner of Police, which would exonerate hiin from all charge of neglect. Captain Stewart was accordingly remanded until Friday, and Mrs. Stewart until this day week. The prisoners were then removed. This concluded the business of the day.