RESIDENT MAGISTRATES' COURT.

Otago Daily Times, Issue 101, 13 March 1862, Page 4

RESIDENT MAGISTRATES' COURT.

Wednesday, 12th March, 1862. (Before A. C. Strode, Esq., R.M.) Drunkenness.—-Mam-ice Nicholson was fined 20.3., or committed to gaol, in default of payment, for 48 hours. Matthew Reed, charged with being drunk, said—"No, I was not drunk." Constable Nevan sworn, stated that the man was not sober at the present time. His Worship directed that he should be taken away and locked up again. The prisoner was . then removed in custody. Jolm Lynch was charged with hf.ving been drunk yesterday, and, when required to plead, said—" I had one strong glass, having just landed, but I deny having been drunk." Constable Dundas sworn, stated that he found the man, about half-past ten o'clock last night, very drunk, at the hotel past the Custom-house. He was trying to force the door open, because the tenant would not admit' him. Tlie Magistrate asked the prisoner if he hod auy questions to put to the witness. The man scratched liis head, looked thoughtful, but said nothing, He was fined 205., or, in default, committed ior forty-eight hours. Nuisances.—James Newman v. James Robertson, of the firm of Robertson and Baillie. This was an. adjourned case to produce a witness, and a baker. carrying on business in the vicinity of the defen-. dant's residence was sworn. He deposed that, between eight and nine o'clock on-the Bth March, he saw a lad throw a bucket of dirty water over, and the general atato of the defendant's premises was just the same now as they were in a fortnight since. He would not, however, venture to swear that the nuisance existed in a virulent form at the present time; hut ha'had frequently visited and inspected the premises, which. were in a condition far from cleanly; in fact, some parts were in a state to be quite offensive to the neighbors. The defendant stated that his yard was cleared up every day. His AVorship observe! that from the evidence ofthe witness, such did not appear to be tlie case. The defendant was fined 10s. and costs, amounting in all to a penalty of £1 3s. Drunk.—Robert Kane was charged with drunkenness on the previous evening. An officer of the Court stated that the man rode through the Arcade, and occasioned a great row. Eench.—What do you mean hy such conduct] Prisoner.—Had I beeu sober, Sir, I should not have done so. Bench.—Had you been sober, Sir ! why, yon had no business to get drunk in that way at all. You are fined 40s. Your conduct has endangered private property, Sir. Furious Driving.—James Newman v. John Macfarland and William AVatson.—This was a charge of unlawfully riding through the city of Dune-lin,_ on Sunday last, in such a manner as to imperil the Hves and limbs ofthe citizens. Mr Commissioner Branigan proved that he witnessed a race between the defendants from one part of Princes-street as far as Capt. Cargill's residence. His AVorship fined the defendants in mitigated penalties of £2 and costs, respectively; or £7s. Cd. each. The money was immediately paid into Court. Alexander Robinson v. John Hadley.—No appearance of the defendnt. Case dismissed. AViiliam Dale v. George Crowshurst.—Mr Prendergast, for the defendant, stated that his client was very unwell at three o'clock yesterday afternoon ; but, as he had neglected to send his medical adviser to give evidence, or to forward in the required certificate, he could not help it. His AVorship observed that it was clearly an act of injustice to the opposite. party to detain him here longer. His AVorship then enquired if thename ofthe defendant had been called three times, and received an answer in the affirmative, Mr Prendergast said he was willing to consent to an adjournment for half-an-hour, or to proceed with tho case at once, provided that Mr Kenyon, a materialwitness for the other side, were not put in the box. (Here the Court adjourned.) When the Court resumed, Air. Prendergast re-opened the case by mentioning, that his client was very sick and confined to hisroom. He contended that the Bench could not compel him to put in an appearance, inasmuch as no Court had power to make any man take up his bed and walk. ■': Mr. Cook, for the plaintiff said, that his client would incur considerable inconvenience by so much delay, and was exceedingly anxious to proceed on board nn outward bound vessel at once. A medical certificate from Henry Nelson, Esq,, M.D., in favor of Mr. Crowshurst, was produced by his attorney, aud put in as evidence. The BJnch ruled, that under all circumstances it would be better for both parties concerned to further adjourn the case. His Worship was of opinion thatit would be scarcely just to the defendant to proceed with it now. The case was accordingly remanded until Friday (to-morrow), and was ordered to take precedence on the list.