RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 450, 8 October 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Hef.irc T. W. Pahkkii, ICuq., lt.M.) DRUNK AM) WsOItIIKKLV. Franci-t Hans, n, cha-ged with having been drunk and disorderly on the (>th iust., was discharged with a caution. SIjY CUOO-SHM.INO. James Robertson war charged, on the information of Sub-Inspector Smith, with having, oil the 3 d Augu-t, sold two glftssc* of whisky to Homy Stock, not be.ng licensed so to do Mr. O'Mcagher appeared for the proHceution, and Mr. Bahncr for the d> fendant. James Donaldson slated that he was ill the hoarding-house kept by the defendant on the 3rd Augi.-.t, in company with Henry Stock. S'oek called for some drinks, giving the defendant the order, which was for two whi-kio-s hot., one port wine, and a drink for li'oh.-rtson himself. Witness drank one of the whiski.-s, and Stock drat.k the other. >tock gave the defend .lit h ilf-a erown ill p.yment, the defendant giving him sixpence in change. Cross-examined by Mr. Halmer : Stock said hi -s reason lor going to the defendant's was that he wished to eng>ge a servant. He would swear that the drinks he had menli -ned were ordi-red, and that he had a whisky hot. He was interested to a certain extent in the result of the ease.

Ti> Mr. < I'Meaghcr : 1 :uu engaged by the . Li. ensed Victuallers' Association to aHMHt them in putting down og-selliug. 1 am not, in the habit of goiig about to entrap people into lireiclicm ot the law, I)iit when 1 see cases oi' the kind, 1 report them. Henry Stock, hotel keep r, residing at Kakanui North gave evidence as to goinn to the de endunt's boaiding-house w th n tin; last, witne son the .'ird August. 11« went there to endeavour to engage ;i girl who wns living in the house. Robertson supplied them with four drinks, which were ordered l>y witn -an. He (witnes<) called for brandy hot, but the defendant said ho had no brandy, and witness then to'>k |wh sky hot. hoiia'dson had whisky hot, U.ibeiison beer, and the girl port vine, lie (witness) paid for the drinks with hall'-a-crown, ll'ilxTfsoii giving hint sixpence ill charge. He was sober when be went to lb>bcrts< nV, but wis drunk when he left. The 1 (pior which be had in the bouse took a v. ry great eibvt upon him, making him feel stnpitied. He hid only two whiskies hot in the bouse, and was wok afterward*. He was perfectly sober when he ca led for the liquors and wlu n lie paid for lliein. The wi>ness wan cross-examined by Mr. Balmer, but without tlieiiing anything material. Wi ness, however, said that had lie known that he would be exiled as a witness m tliin ease be would not have gone to the house with Donaldson. 'I his was the c .se for the prosecution. Mr, Uahner a (dressed the louit at home length. James I'obertsnn, *hc defendant, deponed that he was a bearding house keeper. Ho rcmcmbc ed Stock and Donaldson coming to his house. It was betweti live and six o'eloi kin the evening. He received information from the giil as to yho they were when tiny went into Irs house. She t>»J<l him that one was Stock, bo el-keeper at Kakan n. and that the other was Donaldson, the informer. Witness then went into (he private room where they were I hey called for drinks Donalds >ll a lie.l for a glass of ■'toddy," and Stock for l>ccr. They asked witness to have a drink with them, and his wife and the girl to have something, and they each had a small glass oi beer Stock immediately afterwards got up to leave the room, and Donaldson f« ll down at the door, and witness went to help him up. Stock was drunk when he came in o the house. Stock ottered witness hali'-a-crown in payment for the liquors, but he refused to take it. He did not take money lor drinks. Ho always kept a bott e of win ky in the house, lie only supplied them with one drink round. Donauison was sober when he entered the house and when be let't.

(.'ross-ox.iniined l>y Mr. O'Mcughor, witness said lie always kept nunc Wnisky and same bi-cr in the house. The girl told him that one of these men Mas l onald.ton tljo informer, and the other Stock, an Iwjlelkeeper. Knowing this he supplied thein with the lienors, hut did not any money. Stock oileiid h. 111 half-UCl'OWn, hut lie refused to take it, as he know Donaldson was an informer,

Julia IJoliertson, wile of the defendant, gave evidence of a similar nature to that given by last witness, and said that when fitoek came into the house he said he waH cold, and asked for a drink. She then toJi\ her huib.ind to take in something to drmk, as the men were acq tainted with the gift. Stock ofl'ernl to pay lor the dl'llk"! but |:ol)Jitson refused to take tho money; but she (witness) did not know why lie refused to take it. 'J hi- vtn aft-r they had been informed that one of tho men was Douu'dHoa the iutormor.

F1 >ra M'i\ay, a servant-girl in the employ of oefeiid iut. gave evidence to tho i (Feet that when . v tock called for <iri ks, the d< fendant brought t.iCin in. Mock had "toddy," l)oii;udson bier, and witness b< cr. Robertson afterua-da brought in two more drinka for himself and Mrs. Robertson. Mlfe Robertson when the men came in who they

r e. ' about half-past five when stock j>oi)nli]s'iii called. Mr.- O Meagher cross-examined the wit- ; at some length, an<l sncceeded in j Lking the witness positively d-ny some of ; ; jjg statements of tbe defendant and his : irife. , „ I This was tho for the uotence. i jj r . O'Meaglier then asked that ill* wit- j ,#s, Mrs. lioiiertson, be recalled, as some- | ■bing had come to his knowledge sir.c she jft the box. After some discission, Mr. O'Meaglier said that his reason for isking to have Mrs. Kobe-tson recalled was j)at it had just come to his knowiege that she had endeavoured to get the witness Stock jot to give evidence in the case, and had [Ctually been to Kakanui Noi th for that ,arpose. He had no desire to act harshly in hese cases, but he must certainly use every Iffort in his power to prevent witnesses for jie prosecution being tampered with. Ihe m>secution had ex] erienced considerable [ifficulty in these cases owing to the action jf defendants, who ha I resorted to a l manner of mrans in order to defeat hem. fhe learned counsel mentioned the case of the witness Miller, and said th re was no joul t as to his having been bought over. After some further argume'i-t, his Woi ship granted the request for Mrs. Eobertson bting "jane Eobertson, having been recalled, stated she had never a-ked the witness Stock not to give evidence, nor had sl e offered to give him any money not to do s->. Bis Worship having reviewed tlu evidence, fined the defendant L2O as this was bis tii st offence. OBSTKUCTIXG A RAILWAY OFFICIAL. Patrick Mooney was charged with obstructing Alexander Alien, a railway official, in the performance of his duty in a railway on the 4i h instant. Sub-inspector Smith prosecuted. Mr. O'Meagher apjieared for the defendant. A considerable amount of evidence was taken in the case, and had not been concluded when we went to pi es*.