MAGISTRATE'S COURT

Oamaru Mail, Volume I, Issue 195, 5 December 1876, Page 2

MAGISTRATE'S COURT

o THIS DAY. [Before T. W. Parker, Esq., E.M.] DRUNK AND DISORDERLY. William Ralst-an and Henry Butler, charged with the above offence, w r ere both, dismissed with a caution. SPILLING NIGHT SOIL. When the charge against Michael Sheehan was called on this morning, defendant did not appear, and the Bench, inflicted a fine of 40s. to recoup the Corporation for the expenses incurred. EXPLANATION. Sub-Inspector M'Cluskey asked permission of the Bench to make an explanation with regard to the evidence given in Court yesterday by the witness V/iielch : but Mr. Q'Meagher objected to any SU2II dangerous precedent being allowed, ami asserted that such an application was a most unheard-of proceeding. If such a course were permitted, what would prevent any person against whom a statement had been made in the course of evidence, coining after the case had been adjudicated upon by the sworn testimony of witnesses, and wanting, by mere verbal assertions, to throw discredit thereon. He protested most strongly the Court introducing any suck precedent by allowing tiie permission asked for. The Magistrate admitted the good gro.und upoiL which counsel based his argument, but felt disposed, in this particular case, to grant the concession.

Sub-Inspector MCluskey then said that he had never urged Whelch to take the proceedings which he had "instituted, but on the contrary, he had pointed out to him that, as the names of females were likely to be mixed up in the case, it were advisable to let the matter drop. Whelch had certainly asked his opinion as to the proper course to pursue in taking proceedings, and he had directed him, but he distinctly denied, as stated, that he was the prime mover, or the cause, in the remotest manner, of the summons. This explanation was made under protest by Mr. O'Meagher, who, at its conclusion, addressing the Bench, said, " The position, then, is this : The witness Whelch had before him the solemn obligation of an oath, and the probable consequences of false swearing; the Sub-In-spector made his statements not on oath. So let the public judge which is the more truthful.