MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 229, 16 January 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. [Before T. \V. Parker, Esq., J.P.J PROPERTY. James Allan, on remand from yesterday, was charged with maliciously damaging the shop front of Dtigald Shaw, of Papakaio, to an amount exceeding £o. A second charge against him was of using abusive and threatening language to James Shaw, provocative oF a breach of the peace. Prisoner pleaded " Guilty." Mr. Q r Meaghcr appeared for the prosecution. The facts of the case, as stated by Mr. O r Me»gher, were as follow :—That prisoner entered the shop of Dtigald Shaw, and there a dispute arose about some change; he was then turned out, and a weapon taken from htm ; lie, however, seized a stick, and broke the shop window.

John Motr deposed: I am Dtigald Shaw's storeman. On the 11th inst., about 3.20 p.m., the prisoner came into the store, and asked me for two sixpenny stamps. [The witnesses here were ordered out of Court.] I gave him them, he giving me £l, out of which I gave him IDs. change. There wa3 a half sovereign amongst it, which, he said, was a sovereign, and then went away. In half an hour he returned, saying that he wanted half a sovereign. I told him I had given Mm his change. Prisoner denied this, and, shaking his hand at me, said, " I haven't got the half sovereign. I will punch your head outside." 1 tried to pacify him, but did not sttcccod. At this time 3lr. Shaw told him to leave the shop, as he was still creating a disturbance ; on his telling him again prisoner left. I went over to the railway, and, while returning, prisoner again attacked me for his half sovereign, and continued threatening me till Air. Shaw interfered again, when he went away. Some time afterwards he returned to the shop with a cleaver mid a piece of stick, and said, " I mean it this time, if yon don't give op the half sovereign," and op the cleaver said, " If I get 25

years IH do for you." I called to Mr. Shaw and Sir. Herriot for assistance. (The cleaver was here produced and recognised by the witness.) Mr. Herriot, on expostulating with the prisoner, was tlireatened by him, while Mr. Shaw, coming through the front door, wrenched the cleaver out of his hand and put prisoner out, and while Mr. Shaw was putting thS cleaver in the office, prisoner ran out, and seizing a piece of the gate, smashed the front shop window with it. Mr. Herriot suggested that it would be better to give him 103. if lie would go away. He took it and did go away. Had he remained he might have broken the other window. Cross-examined by prisoner : You only got stamps. The stick was broken off a larger piece in breaking the window. You were standing about the centre of the counter when Mr. Shaw took the cleaver away. Dugald Shaw, deposed : I am a storekeeper at Papakaio. I took the cleaver from prisoner, as stated by last witness. He went away and returned shortly afterwards with a piece of the gate, with it breaking two panes of the window of my shop. They are my property, ami the value of them is £7 ; it cost me that for replacing the panes. Cross-examined by prisoner : W hen you were talking to Moir, and before I 1 ordered you away, my dog bit you 011 the heel. Wiliiam Elliot Herriot, deposed : I saw ! the prisoner break Mr. Shaw's window at Papakaio, between live and six p.m., 0:1 the 11th inst. Cross-examined by'prisoncr : I saw you i with a cleaver in your hand previously. I You were standing near me inside the shop when Mr. Shaw took it away from you. This closed the case for the prosecution. For the defence, the prisoner called John Peattie, who deposed : I live near Mr. Shaw's shop, at Papakaio. I saw prisoner there, I believe, on Thursday last. He told me he was going into the shop to buy two sixpenny-stamps. On coming out he said he had not got his right change, and showed me .a two-shil-ling-piece and half-a-crown. I heard the window being broken, but did not see prisoner do it. The prisoner, after being cautioned in the usual wa}', stated that he did not gee the half-sovereign, and was committed for trial on the tirsl tlic .-second being dropped. CIVIL CASES. TOOHKY v. LINDSAY. This case, adjourned from last week, and which was for £2O 10s. od., for goods supplied, to-day resulted in a judgment for plaintiiT, of £1 os. and costs. Mr. o'3leaghr:r, for plaintiff; and Mr. Hislop, for defendant.