RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 204, 4 August 1862, Page 5

RESIDENT MAGISTRATE'S COURT.

| Friday, Ist August, 1862. [Before A. U. Strode, Esq., R.M.| Dkcskesskss.— Frederick Webb, John F. Hamilton, John Burrow, and Charles Moore, were fined 20s. each for this offence, or in default 48 hours' imprisonment. Assault— John F. Hamilton and Wm. Clifford were charged with having assaulted Constable Coneys, while in the execution of his duty. Fined ojs. each, and costs. CIVIL CASES. Hooper v. Finlaysun.-Ku appearance. Case dismissed. Same v. Evans.—Xo appearance. Case dismissed. Gordon and Another v. Moore.—Claim for L 4 3*. bd. Judgment forthe plaintiffs for Ll Is. 6.1., and costs. ' Graham v. Christy.—ln this ease the service of summons was held in.sutlicieiit. Clarke v. Russell.—This was an action brought to «cover bo Bs., being the balance of money paid by the plaintiff i. jr the defendant and his wife'; passage from Melbourne to this port. Judgment was given for the plaintiff for Lo Ss. and cost*. Barr and Another v. Noding.—No appearance. Case dismissed. __ Whitty v. Hawkins and Another.—Claim for L 3 os Judgment for the plaintiff'for L 3 5j.. and costs. f J\t* u\ >'• Harris.-Claiw for L 8 ss. Judgment tor the plaintiff by consent, for LG 10s., and costs. I Same v. Sinclair.-Settled out of Court. JJranigan v. Williams.—This action was brought to recover a certain document alleged to be unlawfully detained by tbo defendant. !,J^ l"'i\w d;- Wi«? aH i(>iiml fur the latter, ai.prehended that his \U,,-sh,p had no jurisdiction in'the mattoi. He .should however, take a copy of the document for Ins client, and then return it to the Commissioner. His Worship dismissed the case ' moris in thi* case bad been insufficiently s-rved I Court' 6 V* "llson'~Thls matt«l' was arranged out of Wilson v. K. Campbell and Others.—This was an action brought to recover La 3s. Gd. The particulars T AT 1"!. weT e I . tor, carta-e of 4 2 loi"ls fl^ur from the Jetty to the defendants' store, in Maclaggan-street. It was proved that Messrs. K. Campbell and Co. hml incurred the liability, Mr. A. T. Cumpbel], who i.s . not a member ofthe firm, Laving given instructions for the cartage of the flour; Messrs. R. Campbell and ' Co only acted as his agents in the matter. tlis VVur-ship gave judgment for the plaintiff' against A. T. Campbell, ia the sum of Lo &. Gd. aijd cost*. ' Callen v Cameron.— Claim for Ll) 15s. Gd. Judgment ior the plaintiff, by consent, fir LS 13s Gd. and costs. ' ' Martin y. Davis.—Claim for LIT iis. Jud-meut tor tne plainttil, by consent, for LIT os.. and cods Hamuton v. Gibhons.—Claim for LSO. Mr. Cook appeared tor the plaintiff. Tms was an action brought under the Merchant Seaman's Act, Sec. 183. t» recover the above sum, >cn^ the amount of wages duo to the plaintiff, who had tven employe:! as master of the Argus .schooner, itis \\oi>:iiip gave judgment for the plaintiff, hi the .sum of Lai), au.l Ll 10*. Co sts. Brown v. Same.—This was a similar claim for Lll 4s. Mr.Cook anpeared for the pliiintilF. Judgment tor the piamtiffin ihe sum claimed, together witli Cl 10-:. costs. Garrett v .Same.—This also was an action brou-rbt to recover tiie sum of Ll2 Pis., for wages i\n* t» ol dutifl by tne d.-fendant. Judgment ior the plaintiff in thejuim ot Ll-2 U*., and Ll IGs. costs. isiciiolsoii v. Same.—This al>o was an action brought under the .Merchant Seaman's Act, to recover Cl.) OS bd. r Hi ,V)' 01" slJ i <n Pave judgment for the plaintiff* lor LI.Jos. GI. and Ll IGs. costs, and allowed ex»cution forthwith, iv these four case--, the sale ofthe schooner Argus being advertised to take place to-day. Niliill v. M'Lennan.- Mr. Ward appeared for the defendant. The plaintiff not appearing, tiie case was dismissed. Campbell v. Dormau.—Ciaim for Lll 4s. The defendant paid the sum of Li is. into Court, and pleaded not indebted for the balance. It was alleged by the plaintiff that he had supplied the defendant with half-a-ton of Hour, the price of which was £3, On the other hand, the defendant deposed that, he bad not received any fl ,itr from the plaintiff. His Vi!i'> a' p f-"l'^ J,,,l^»"! '»t for tlie plaintiff; iv the sum of L.J 4;., the plaintiff paving eo~ts. Cox v. Wabson—Ciaim fur Lt IDs. Mr. South appeared for the defendant. Tiie plea was u.it indebted.

The defendant stated thai he had placed a cheese weighing d;j lbs. in .Mr. Watson's charge. It hvl since disappeared, 1U „1 the defendant could give him no account of it. Mr. Watson stated that be knew very little about the . hr-e<e. It was brought by tiie plaintiff into his bigatelie room, with the intention of i-afHinu'it; the plaintiff got drunk, and some of the company in the room commenced cutting at the cheese. IK- -h m!d think ->v ori!. lbs. were cut off the ' cheese. Tiie plaintiff theu asked him if he mi-lit tike it into the bar, when he (Mr. Watson) replied that he might take it when- he liked, but that he would not he responsible for it. His Wor-hip dismissed the ca*o. Silyevstone v. Crate and Another.—Claim for LlB. Mr. South appeared for tlie plaintiif.and Mr. IVenderfgas'. fur the defence. Judgment for the plaintiff for LlB and costs. Marks v. Levy.—Claim for LS. Mr. Ward appeared for plaintiff and .Air. So,ith for t-he d.-leie-.-. It was allege I by the plaintiff, that he bad purchased 5 ea-ks p irk. and li .-asks beef of the defendant, for which he had paid him Lls. He had, however, only received J risks, and he brought the present action to recover LS, for the non-delivery of the remainder. It was shown by the defendant tliat he had ma le over his purchase to the plaintiff for- a bonus of 1.5. Oil opening the casks tl* plaintiff had found that his bargain was not a very rosy one, iv consequence of which fhe present action was brought. Several witnesses were called, who fully bore out the defendant,-, statement. His Worship dismis>el the case, with Ll 15s. costs. Ilickling v. Moop».—Claim for LIS 10s. Judgment for the plaintiff, for LIS ss. (id., and costs. M'Callum v. Bourk.'.—Claim for L-1 4s. 31. The plaintiff was n .nsuite 1. having brought the action against the wrong person. Morse and Anoth-r v. Fraser.—Claim for Ll 13s Judgment for the plaintiff, for Ll lss., and costs. The Court adjourned at half-past three. Saturday, Augcst 2st>, 18<12. (Befire A. C. Strod-?, Esq.. H.M A Dia-.VKK.N-.\>;ss.—James M'Cormack, Wm. Kent, .Mary Ann Fisher, and Peter Douelly, were fined -'(is. each for this offence, 0.-in default IS hours imprisonment. Assault—Jack v. Him..—The defendant was summoned to appear to answer a charge of having violently assaulted the plaintiff Jack, ou the 28th ult. The plaintiff stated tint he was standing quietly by his cart at the stand in Jetty-street, when the defendant came up and struck him several times on the head and chest, without any provocation on his, the plaintiff's part. Tlie defendant, denied this statement in toto. According to his version, the plaintiff was in the habit, of taking an unfair advantage by placing bis horse and dray just above the boundary of the stand in Jetty-street, in consequence of wliich the defendant went and remonstrated with him. Tlie plaintiff was seated on his dray at the time, and immediately kicked out at the defendant, and Having jumped from his seat, they both went into it. John Hind and Jas. Lucas, who were called for the defence, corroborated the latter's statement. His Worship dismissed the case. M AXSLAUOiiTKii.— Cochran M -Bonuell was charged on the information of James M'Conr.or, with having feloniously slain on the Ist inst. «— M'Kenzie and — Walsh. The prisoner pleaded "Not guilty." Mr. Sub-Inspector Weldon prayed for a remand to await the result of the Coroner's inquest, which he believed would be held at 11 o'clock that day (Saturday.) His Worship remanded tlie prisoner. Mr Barton, who appeared for tiie neeused, trusted that bis Worship would accept bail for the prisoner's appearance. Bail granted—himself in LIOO aud two sureties in LSO each. Mr. James Braithwaite and Mr. Charles Armstrong fruiterers, in the Arcade, were accepted as sureties. | Wife Dksertion.— Patrick Cairns was charged under Sec. 4. of the "Destitute Persons' Belief Ordinance," with having unlawfully deserted his wife, and left her without the means of support. The defendant denied the charge. Mary Cairns, the wife of the accused, stated, that her husband and she came over in the Benjamin Heape, and on their arrival here, the defendant placed her in a boarding house, and left her there 14 days without a farthing. The complainant had two black eyes, which she stated had been caused by the defendant's violence. James Nimon stated that he had known the defendant seven years. When he first became ac2£taiiited with him the accused was a very steady, illustrious man until his marriage with the complainant, who, by her drunkenness and misbehaviour, had in a great measure brought this on herself. The defendant stated that he was quite willing to send her back to Melbourne. His Worship thought tliat was the best course thai could be adopted, and dismissed the case. i The Court adjourned at 12 o'clock.