RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 513, 21 December 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before 'l'. \V. I'akkkk, lis.]., R.M.) IJAJIIJLrXCi IX HI'EXSKti HOTias. Jas. Markham, landlord of the Queen's Hotel, was charged, on the information (if John Tennant, with unlawfully permitting gambling in his licensed house on tiie fith instant. Sub-Inspector Smith prosecuted, and Mr. O'Mcagher appeared for the defendant, who denied the charge. The evidence of John Tennant went to show that he and a man named Ireland went into the hotel and tnrew dice for three drink's.

In cross-examination by Mr. O'Mcagher tho witness Tennant said ihat he bad been placed on his trial at Wuikmiaiti for rape on an old woman, and had also been tried in Oamavu for stealing a pitchfork. He had been doing nothing but loafingabout during the three weeks !.o had been "in Oamaru. He had been in tin; Dunedii Gaol. Ho had not been instructed by anyone to go round .and obtain convictions against public mi. He had been promised payment for doing so, bin lie declined to state what amount he was to receive for each conviction. He dm not expect to be paid anything by the Government, the police, or anybody else. He declined to say whether he had already been paid for his services as an informer. Some argument then took place as to whether the witness could be compelled to answer the question, and eventually his Worship told witness he would have to be sent to gao! until lie did give a din.e* answer. "The witness still persisting m refusing to answer the question, ids Worship committed him to gaol for !'■! hours, unless in the meantime he consented to give an answer to th? question. Mr. O'Meagher then asked that no person shouiifbo allowed to speaic to the witness while in gaol. The case was then adjourned until one o'clock. AFFILIATION. James Mitchell was charged by Mary Ohallis witii refusing to contribute towards the support of an illegitimate child, of which she alleged he was the father.

The defendant said he would not contribute towards the child's support so l,,n>, as it was in the earo of the prosecutor, who was a prostitute, and ili-used the child. If it was handed over to him he would keep the child. Mary Challis deposed thai she was tlie mother of a female child eight months of age, of which the defewiont was the father. Defendant : Can you swear to that ? Witness : I can, by U . Defendant : I don't think so. Witness continued that she had applied to the defendant io contribute towards the support of the child. She had not the means of supporting the child herself; and therefore asked that the defendant might be ordered to pay something towards its maintenance. The child had not had sufficient food since last Monday. To defendant : You never told me that you would cither take the child or pay 10s. a week for its support. 'Defendant, s-,id the was not a tit person to have charge of the child, as she tvas in the habit of getting drunk.

Complainant said she would not agi'GG to the defendant having the child. His Worship ordered the defendant to pay 7s. Oil. a week towards the support of the child. and that it should remain in the custody of the complainant ; hut that if afterwards tlio defendant cm hi prove that the complainant was incapable of taking care of the child, a fresh order might be made. Ou the Court resuming at one o'clock, Teniiaut was again placed in the witness box, and in answer to JU'i'- y ! ->l> .•itdier,

said' lie had boon paid Lo by Cogvin, the boavdinghoiisedtoeper, who had instructed him to go round to the hotels and have gambling, and then lay informations against the publicans. Ireland was present when Cogvin gave him the instructions. H* had !!'-'i-:.-i- received instructions from any hither person than. Cogvin, who was to give liini as much as he could aii'ord to'give—as mvc'i as he could afford to give hmi. lie had not h. ard that a subscription list had been opened amongst the boardinghouse-kecpers to pay him,

though Mr. Grant, the landlord of the Alliance Hotel, had told him so. Mr. O'Meagher then asked the witness which of the statements made by him—thet no one had employed him to get up these cases, and that .John Cogviii had employed him—were true. To this question he replied, '"I don't know.'' Joseph Ireluul deposed to having gone into the Queen's Hotel and played at dice for drinks.

Tiiis was the case for the prosecution. Mr. O'Meagher then commented upon ill*, evidence, and pointed out that, Mr. John Cogviii and his associates had obtained a litting tool in Tonnant to carry out their feelings of malice towards the publicans for their eiibrls to put down the nefarious practice of sly-grog-selling. He expressed his regret that a man like the witness Ireland should have placed himself in the position of :• tool to such a set of vindictive law-breakers as the sly-grog-sellers. He comment; d upon the character of Tmnant, (lie contradictory statements made by him, and his extraordinary conduct, in the witnessbox. The learned counsel also pointed on; many conflicts between iho evieeri". given by the two witnesses. I'mlerlho circumstances, lie thought tlmt his Worship should dismiss the ivise ;;t once. M • was instrueted by '.Mr. Markham thai he had never handed the dice to the witii"<s. If the polio,"' had instituted the;;o proceedings it would have been ouiie but when a notorious hiw-broakrr iik.• | Mr. John Cogviii had promoted the • proceedings forfhe inirposoof wreaking h s vengeance upon the publicans, with whom he was at enmity, tin- Court ;shoi'.id nor allow itself to bo made the means of assisting in carrying on such contempt in'o proceedings, but should look with suspicion upon the motives. James Markhiim, th • defendant, w.°s placed in the wh iies:,-oo\-. .•iv-d depose,; that lie did not. hand the dice i,» the witnesses, as tl oy state!, and had mi shaken dice with them : neither di i he see them shake dice i:i his i:oiise. lie was in the kitchen at tie time itaod by them that lie was in The bar. lb would not swear that tliev had not pla.v d dice. I-fis Worship dismissed the ease.

Mr. O'Mi.-Mghoi- tiieti apoiied for e,,s for tile defendant, but his Worship n fused to grant them.

A sr.roND I'liAlKil:. A similar chir l ;'-' «:;:; rum beard a-.-'afi.-Henrv Seldiiier. lamllor I o:' (he. ihi.n. iar Creek Hoiel. Siib-]napcctor Smith prosecuted, an Mr. (>'Meag''er appeared for the defonc John Tennant. the informant. uav evidence as to going into the 11 <• r• ■ 1 on fii morning in question, "having a drink, an then i.btaiuiiig Ihe dice l'r..m >-! :■- Schluter. 11.- (witness). an cxpivsKiiiaand Mrs. Sehhit■ r then shook i Ii.■ d : ('( each of tinm putting in a shiiltne. Mi vi en tiie iiion-y. lie I- !":■ Co,vu; hslardinghoiiso at about eight o'clock, a', reaci ed the l.oitndarv Creek Hot' 1 abor nine o'clock. lie 'w-tti. or.t si: re i

Cogvin's uxpro-.a. Ho did so f.r the pur pesv; hi playing dice in lis:; hod.S", an th. n laying an ihn.rmai ion. 'ie-.M know v.-hclinr i'<>-\in knew v. hat !'■ goim: there for. He p ;: i.l (.■;,. ~•,[,.•. man 2s. Od. for drivine; him oir the,.-.