RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 93, 4 March 1862, Page 6

RESIDENT MAGISTRATE'S COURT.

Saturday, Ist March. el (Before A. C. Strobe, Esq., R.M.) *] Drlwk;:.\'nkss.—Thomas Osford was lined 20s. jj or being drunk. w AnusivK Language.—Leonard Provost was v mcd !>s. and costs, for using profane and abusive B ar.cuaue. 1

Monday, 3rd March. (Before A. C. Strode, Esq., R. M.) Druskexnbss. —Michael Morrison was charged ivith being drunk, but as ho had been in the lockip since early on Saturday, he was dismissed. Nicholas West, Henry Maxwell, Jnmes Mills, and Gieorgc Simmons, were each fined 20s. for a similar :> Hence. Indkcicncv. —Charles Sullivan, was fined ss. and sosfcs for i::decent exposure of liis person. J. S. Dodds, v. Jonks, Bird & Co.—This was ;in action brought against the defendants, as the agents ofthe ship "Commodore Perry," for an excess of lighterage charged on certain hay and chaft'consigned to them by that ship, by Messrs. Aspiuwall of Melbourne, on account of plaintiff. It appeared that as the " Commodore Perry" was a very large ship, she had discharged her cargo at the Heads instead of at Port Chalmers, where they had by Bill of Lading contracted to deliver, and the excess of lighterage complained of was the amount of lighterage from the Heads to the Port. Mr. Prendcrgast appeared on behalf of the plaintiff, and Mr. South for the defendants. The latter gentleman contended that in the Bill of Lading, &c, there was no mention of Mr. Dodds, nnd that his clients did not recognise him at all. They had by direction of Mr. Aspinwall, sold the hay, and handed over half the net profits to Mr. Dodds, beyond that they had nothing to do with the plaintiff, and did not recognise him in the transaction at. all. There was nothing to connect Mi\ Dodds with Mr. Aspinwall whatever. Mr. Prendergast contended that Messrs. Jones, Bird & Co. were clearly the agents of Mr. Aspinwall, ai\d were therefore liable for the performance of their contracts. The contract was, to bring the hay to Port Chalmers, and a)iy charges incurred in bringing it there would have to be. borne by them, not by the plaintiff, who had already paid the Messrs. Aspinwall tor ft in Melbourne. Decision was reserved.

' LATER FROM SYDNEY AND MELBOURNE i By the " Jane Loekarfc "we have two days late 3 news than was brought by the mail steamer, as alsc ,- a few hours later from Melbourne, in the shape of ( telegraphic message to the Sydney Morning tleral dated Bp. in. The following are the latest telegram from the Herald of the 11th :— 1 JIKLBOUiVXE. ( (By Telegraph.) 2 Monday, 8 p.m. ;, Ilobson, a magistrate, was convicted to-day < ;. stealing a cow and selling it to a butcher. He ws i' remanded for sentence. t> The funeral of the Kte Colonel Robbins was a .. tended by all arms of the Regular and Voluntec s forces. " The success of the United Elevens is producing ii - tense excitement in the country districts. No mail. S ADELAIDK. Monday, 8 p.m. Messrs. G. Phillips & Co. have suspended payiaen l Their liabilities are about £12,000, and assets aboi ', the same. Flour is from £11 Ins. to £12 10s. Wheat, 4s. 10c" ] The White Swan arrived from Melbourne on Satui 5 day night, and sails to-morrow. No signs of the mail. I-AMBIXQ PLAT. Monday morning. The escort takes 3378 ounces. 3 Our population has been a little unsettled durin j the past week, several small rushes having take place. Tub Victorian Cricketers.—The players wh took part in the late United Match, and who leave ft " Melbourne this day, were engaged yesterday in playin ? a scratch match with the G.irrison Club.— Herali - Feb. 10th. ~ This Governor's Departure for Noiifol i Island.—lt is understood that his Excellency. Si ! John Young and suite will embark on Thursday nex ,in 11.M.5. Miranda, for Norfolk Island. Colout 5 Kempt, as senior officer in command of the force j here, will assume the office of Acting Governor durin Sir John Young's absence, and will ba sworn in a Government Honse immediately after the Governor' 1 departure. But in case of the arrival of the ma: - steamer during the Governor's trip, Colonel Kemp : himself will, perhaps, ba superseded, as it isexpecte :an officer will arrive by the mail to take command c [ the forces in this colony. Colonel Walter Hamilton ; C.8., who is appointed to succeed Colonel Kempt, i ;an officer who has distinguished himself, and has bee, , rewarded for meritorious services ; his commission, a Oolj-nel, dates from the 28th November, 1854.Em.pire. Committal op Petslett, the Bcishrangeb FOX Wilfui. Mukdek.—(From our correspond ' cut.) —Carcoar, Wednesday, Feb. 12.—The noted Join i Puisley was brought up for examination on a charg .of wilfully murdering one William Benynn. Thcr i was a large attendance of magistrates, and the Court . house was crowded with spectators. The prisoner I upon being placed in tlie dock, assumed a circles attitude, ami looked well about the Court-house; In I appeared about 28 years of age, or thereabouts, ani about 5 feet 10 inches in height. At a distance holm > a pleasing countenance, but on closer inspection hi ' features appear more hardened and determined ' From the evidence of the seven witnesses that wen examined, at great length, it was proved that, tin prisoner and a man named James Wilson, a store keeper on the Abnrcrombse, had been drinking togethe: at M'G-uinness' Inn, at Begga, on the night of tin 27th December; that they left the next morning tc j'i'o to Bcmyon's, which is about a mile? from Begga j Wilson was very drunk ; Peisley partly so. Wher they got to Mr. Win. Benyon's they asked Mrs. Benyon if her husband was at home. She told them thai ho. was up at the barn, and asked Wilson (whom slit knew) who his wmpnnion was. Wilson told her lit was a stranger in this part. She then gave them ( bottle of porter, anil they afterwards went to see hei husband, but shortly returned to the house, accompanied by Win. Bciiyon, when Benyon told his wife that it was Peisley that was with Wilson; and Mrs, Benyon, having heard of him, shook hands with him, because she was afraid of him. They then had something to drink, and Peisley challenged Benyon tc run, jump, or fight him for £10, which Benyon declined. Peisley then tried to aggravate Benyon to fight with him, imrt they went out into the yard to fight, when Peisley got Benyon down, and struck him several cowardly blows. At this time Stephen Benyon came in, when P-'.sley rushed at him, and Stephen threw Peisley. When Peisley got up he ran into the house Hiicl got a knife, and was about to plunge it into William Benyon's breast, when Mrs. Benyon rushed between them, and said, " My God, are you going to kill my husband 1" and at the same moment Stephen Benyon struck Peisley on the head with a spade, when Peisley threw away the knife, and the quarrel ended for a time, all parties shaking hands and beicoming friendly. Previous to the fight Peisley took oil' hia waistcoat and rolled his revolvers in it, giving it to Wilson, who placed them in the hall of the house, when Mrs. Benyon secreted them in the garden. Mrs Benyon told Peisley that he had bettor go away, as it seemed that he only came there to kick up a row. Peisley said that he had a "down" on her husband, and would see it out, and that a row was nothing to him. He then asked for his waistcoat and pistols, which were given him, and he then put himself into a peculiar attitude, which William Benyon seemed to understand, for he said.to Peisley, " Srirely, you ilo not mean to shoot us ?" Peisley replied, " You never knew me to do a cowardly action in my life, and I will not do one now ; shake hands, we are all good friends;" and then went away towards Begsa,. As soon as Peisley was gone, William Benyon called to his wife for powder and ball, which wasbrought to him ; he loaded the gun, saying that he was sure that Peisley intended to shoot his brother Stephen, and took the gun up to Stephen, who was at work in the barn. He told Stephen the same, and said that the gun was loaded, and for him to depend his life on it. William Benyon then returned to the douse, and shortly after Stephen Benyon saw Peisley up towards him, when he took up the gun in readiness for Peisley, who came up laughing, and said, "Why. you are not going to shoot me V and Benyon replied that he heard that he was going to shoot him. Peisley immediately replied that he had never done a wwardly action, and was not going to do one now. rhey then shook} hands, and Stephen put down the ;uji, when JPeisley .managed to get possession of it, md fired at S. Benyon, wounding him in the arm. Stephen then ran away, and as he was running Peisley jointed the gun to his back, but it would not go off. 'eisley then met a son of William Benyon's, and hreatened to shoot him if he did not show him the ray that Stephen ran, but the boy pointed in the iTong direction. Peisley then returned to the barn, nd struck a man named George Hammond on the rm and side with the butt end of the gun, which 'ent off while he was striking at him. Wm. Benyon, Wilson, and the servant girl"then came up, when ley were all bailed up in a corner of the barn yard, eisley told Wm. Bciiyon that he had got a revolver r him ; that Benyon had had his game with him, id that he now intended to have his game with Ben-|ti

yon. The servant girl got before her master, and entreated of Peisley Hot to shoot him. Benyon then sprang towards Peisley, it bcintf his only chance to save his life, when Peisley shot him in the neck, and he fsll on some straw ; the bullet passed through the windpipe and lodged in the spine, and paralysed the whole of his limbs downwards. Benyon survived seven days, and wished to have made a declaration, but there was no opportunity of doing so, and no iuqucstwas held on his remains. The prisoner crossquestioued the witnesses with the greatest coolness, and seemed quite unconcerned. Peisley was fully committed for trial for the murder of Wm. Benyon. He was removed under a strong escort of mounted troopers to Bathurst.