Friday, March 14th, 1862.

Otago Daily Times, Issue 105, 18 March 1862, Page 6

Friday, March 14th, 1862.

[Before A. C. Strode, Esq., E.M.] . Stabbing Case.—Joseph Whefildon. was brought in handcuffed; Mr. Inspector AVeldon"applied for a remand for a week as the man Johnstone, who had teen stabbed by the prisoner, was too unwell to appear. Remand granted accordingly. Nuisances.—Henry Jones was charged by James Newman with suffering a nuisance to remain on his premises. Mr. South said he was. instructed by a Mr. Wilson to mention that he had not had sufficient time to remove the obstruction, but it would be taken away immediately. The prosecutor stated that the nuisance was in course of removal. His Worship, in .the first instance, adjourned the ease until Tuesday, but being informed that it would take a week before the obstruction could be entirely removed. The Bench granted that time. George Fox Davis was informed against by James Newman for having thrown a quantity of manure on a piece of ground belonging to the Union Bank, and close to the well. The defendant had apparently abated the nuisance on Ms own premises by diverting it on another locality. ' The Bench ruled; that the party on whose premises the nuisance existed, was the proper party to proccod against. George Walker was informed against for suffering a nuisance on his premises. In this case the contents of a privy; instead of being conveyed away, bad been buried in a yard only a few inches beneath the suriaceiu Frederick-street, near to Knox's church. The Bench ordered summons to issue. Frederick Noel was charged by James Newman for having permitted a nuisance to exist on his premises. A young woman appeared to the summons, on behalf of the defendant, and stated that a box drain hnd been constructed for carrying off the nuisance. The prosecutor said this was quito correct, for the defendant had made a box drain on his own ground to convey away the nuisance, -but it was carried by that channel out on the public road.

His Worship : That is the fault of the Town Board, for not constructing proper sowers. His Worship told the young'woman who appeared on behalf of the defendant, that some measures must be taken--for the rcuiu\al of the nuiaanee in future, until such-time as the Town Board took steps for reineilyinjj; the evil. At all events, the defendant iuusi, do something to prevent the nuisance from run-: mug out on the public thoroughfare, and under these circumstances, the line was remitted. Ai-leued Assault. —John Bourke against Pat-: rick Kurwin. In this case, Mr. Weldon informed the court, that the prosecutor- had lodged a complaint yesterday, against Kerwin for having violently assaulted liim, and now he wished the police not to execute the warrant. Great difficulty had been ex-| periencud in finding the defendant, who did not pos-j sess any fixed place of abode. The case was adjourned until to-morrow morning. Nuisance. —Joseph Wilson was informed against by Jamea Newman, for permitting a puWie nuisance to exist upon his premises. Mr. Prendergast, appeared for the defendant. The complainant said that the nuisance in question existed on the premises of the Victorian Dining Rooms, in Stafford-street, and that the stench was intolerable. The defendant had liecn cautioned some time ago, but since then, instead of removing the. nuisance, he had buried it in the yard, which, in consequence, was in a most filthy condition. Defendant: —I pay 12s. a week to a man to remove everything. His Worship: You have been warned before. You are fined iJOs. and costs. Defendant: Tory well then; I shall appeal against that decision ; yes, I will; and to the Supreme Court too! His Worship : I shall commit you directly, if you are not quiet. Mr. Prendergast (to his client) : He quiet, pay the money and go away. Defendant (in a towering passion): I'll pay the money; O, yes, of course I will. His Worship : Take that man out of court. Upon this, a constable seized the defendant by the hind part of his coat collar and bundled him unceremoniously out of the Court. William Dale v. (Jeouoe CitownunsT.—This was.an adjourned case : This case was not invested with the remotest public interest, and was dismissed with costs. M. A. Lek-v. S.piOMON.—This was a plaint to rer, cover the sum of .£2O. Mr. Kenyon for plaintiff, Mr. Putten for.respondent. Judgment was given for £10 ss. lid., with costs. G-EO. Cook v. James Henry Pierce.—Judgment for £S.ls. . Robt. Ellis v. Christian Sallen.—Judgment for £.18 12s. 6. Thos. Gold v. Henry Jones. —Mr. South for the defendant. A sum of L 3 13s. 6d. had been paid into Court. A plea of "not indebted " was recorded as to the rest. Judgment for plaintiff: £6 ss, together with costs. Geo. Harms and John Bunce v. Henry Farling. —A claim tor Ll7 9s: 6d. The sum of Lo 10s. had been paid into Court. Mr Cook for the plaintiff, and Mr South for the defendant. His Worship ordered a summons to be issued against a party who had been subpoeaned by the plaintiffs, and who was not in attendance. His Worship was determined that no process of this Court should be set at defiance with impunity : and in this case, the offender would be required to show cause why he should not be fined for contempt. The case was adiourned to Tuesday next. No appearances.—The undermentioned cases were dismissed, there being no appearance of the parties : Henry Brewer et ors versus J. J. Johnstone and one Irskine. Musgrove- Wills, and Jamea Dicksonj versus Matilda Friend.—Charles White versus Geo. Hunt. Adjourned.—J. S. Wilkie v. D. S. Barnes. His Worship said that a medical certificate had been put into Court, setting forth tliat the defendant was too unwell to appear to-day : and, with consent of the plaintiff, the case was adjourned to Tuesday. .;, Judgment by Default.—ln're Charles M'Gregor, versus Thomas Poole.—There was no appearance of the defendant. Service of copy of summons was proved, and judgment entered for the plaintiff in the sum of £6 125., together with costs by default. Jos. Storey v. Saul Solomon.—Case dismissed. Plaintifl'to pay costs of the day, amounting to 9s. JoiiN^M'CoRMACK v. John Barnes. — This was a claim for 23/.145. 9.Jd, less the sum of 11. 16s. 9Jd., paid into court. • Plaintiff had been employed as a carter by the*_defendant. When required to take the oath, the plaintiff began laughing, upon which his Worship told him that if he did not mind what he was about, he would make him laugh on the other side of his mouth. He did not come into Court to behave that way. The man was then sworn, and gave his evidence. He was very rambling and vague in his testimony, which threatened upon cross-examination to be interminable. Judgment for plaintiff in 21. 16s. (jid, which had been paid into Court. "Dismissed.—ln re Beard and Cooper, Butchers, v. Capt. Rolls, of the " Lady Bird." There was no appearance of either party, and the case was struck out. ' John Weike v. Robert Cooper, and JonN Cunningham.—'The business of the Court was delayed for a few moments by the absenceof Mr. Prendergast,who was retained for the plaintiff. Mr. Cook attended for the defendants. Mr. Prendergast having put in an appearance, explained the peculiarity. of the case to be, that it was*a partnership transaction, and he was disposed to dispute the jurisdiction of the Resident Magistrate's Court to decide disputed claims between partners. His Worship said, he had power to deliver judgment on all cases according to equity and good conscience. This Courtis a Court of conscience. Evidence was taken. The plaintiff went for the recovery of 61. for passage money from Geelong to Otago per ship " Henty,'. besides 12 days labor, at 11. per diem making a toal of 18/. Judgment went with the plaintiff for 18/., together with costs. . .. ■ ■ . Withdrawn.—James Miles Jenkins againt Daniel White. ■■■ : ■ .- Messrs. Prendergast, with him Mr. Patten, for the plaintiff; and Mr. Howarth, Provincial Solicitor, for the-defendant. . . .. The information embodied two plaints : —One, for assault; another, for defamation of character. The latter was beyond the jurisdiction of the Court. " After some discussion between the learned gentlemen retained, 'it was agreed'that the case should be withdrawn ; plaincift' to be saddled with costs of the day, and expenses of four witnesses on the defence side. The Court rose at ten minutes past three o'clock in, the afternoon. Saturday, lSlli March, ISG2. (Before A. C. Stkode, Esq., 11.M.) Drunk.—William Kcan, charged with drunken- J ness, but out on bail, in a sum of £2 10s., was fined' 10s., with an order that the balance should revert to the : poor-box. Contempt.—William Kear was placed at the bar, to shew, cause why he should not be fined for neglecting: to put in his appearance to a subpoena, as a witness in the case of Harris and Bunca versus Farley. Defendant said he was out all day yesterday, and could not attend the Court, having been engaged with a gentleman at North-East Valley, and he did not receive the subpeena until the evening. His Worship understood that the subpoena had been 'served on the previous day, namely, 13th inst. Defendant replied, that the subpoena had boen handed to another party on the premises, which party had neglected to give it to him. His Worship enquired who had served the process, and was informed that the plaintiff had served it personally. His Worship said that, he was determined, in future, to enforce the process of the Court, because negligence on the side of witnesses subooenaed to ariperr. occasioned great inconvenience to professional ge ltleniea aid to suitors. He would receive what the defendant said this time, but he desired to give warning in the matter, and for public information, his Worship read aloud the 4th clause of the Resident Magistrates' Act, '56, whereby every person convicted of contempt, in a, similar way, is liable to a penalty of 10/. A or to imprisonment for a term not exceeding fourteeifdays. The defendant was then cautioned to be present in Court, at eleven o'clock, in the forenoon of Tuesday next, (to-morrow.) .- Assault.—Patrick Kirwin appeared to answer the information of John Burtes, charging him with an assault on the 12th March inst. Defendant confessed to the assault, although he said he" knew nothing about it until his wife mentioned the affair to him the morning following. The complainant, being sworn, 'stated that the man Kirwin entered his premises on the evening in question, and created a great disturbance in presence of a number of workmen. He was very, drunk at the time, and threatened violence. Fined 20s. and costs. The business of this court terminated at 10 rainutes past 11 o'clock. "