RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 239, 25 September 1862, Page 5

RESIDENT MAGISTRATE'S COURT.

Tuesday, Srptember 2}. (Befom A. C. Strode, K&q., It.M.) Drc/Skk.vxees-'.-. Edward GoUMng, Alex. Noble, hainuel Lilian. Jo!m Smith, and James Gatvin w c r«« fiueil each and costs, for bcni« drunk; in default oi payment, to be imprisoned 48 hours. Maurice Curran was disch-inrej- on promising to pay for some glass he had broken at Moir's Hotel Manse-street.

mxALiva a Tkxt.—James Bl.ike was charged with siealin^a tent now ihe window of John Blakelev tent maker, Princes-street. The theft was committed between six and ei^ht o'clock on Saturday eveuinjr, and about ten o'clock on Sunday inoruin' i the prisoner sold the tent to the keeper of an '• all sort" " shop in Stafibrd-htrett. to whom he stated that it had belonged to a man who meant to have pone to the f%gtt gs but had altered his ruiud Ti<e prisoner now said that he bought the tent of a man v, horn ne knew well by sfriht, and who be was told, had been seen ici town during the morrmi". ii<hdieved he could find the man in half an hour if allowed to go out with an officer, The prisoner was remanded for a day. UM.AWKOLLY t-LAVGKTERIxn Catti.r Archibald M'Callum was charged upon the information of John B-v.'tti, Inspector of Slaughter Houses, with having slaughtered a bullock, he not having a licence The Magistrate said that be had ..been content to caution two or thrte persons who had been char/zed with!his|offence; but caiitioiits seemed to be useless. The defendant, must pay £s,ith<> lowest tine allowed)] and costs. TJi« Slaughter Housn Ordiuance was intended to cheek crime ; the license fee was only 2s. (Jd.; and a license c.*uld be; obtained on ten days' notice. A -e^ond charge was withdrawn.

KiriSAncks,—Constable Nimon reported that musanest hud been abated i'h tl c cases of Jamea Mossraan, Cluulea Macauiay, Win. Reynolds, Joseph Strauss, Daniel Dnlton, Denis fil'Uailen, John Solomon, Ueo Dmunaoiul, John Polly, James S, Raphael, Danl. Murphy, Morris Marks, J. W. Allen' Jnrn*3 Colem.in, and Mis. Irving'. The case ofllobt. Pollock was adjourned to Thursday ; and the following were adjourned for a we>'k : —R. Howorth, Henry Fisher, Thorns North, and Canine! Coll.

James Coleinan wns charged with depositing rubbish in Hope-street Nimon said that filth which Coleinau .was ordered \o remove from his hack pn— raises, was j-iroply taken and thrown into the street: but Uolemau urged that lie knew nothing of this m he had been absent from town. He was- fined us and costs. ■ -

Stkayikg Houses.—Cameron and Thompson, Henry Fanner, Charles Henderson, and Win. Towers, were each fined Is. and costs, for a straying Imive. Bhkach op tiik Licensing Ukmnancb.—Charlotte Dawson, of High-street, was summoned for not keeping a lighted Inmp outside the.principal door of her house. An oihecr stated that lie frequently passed t lie house between ten o'clock ou Sunday night and a quarter to five o'clock on Monday morniog; but at no time was there a Jit»ht in the laniji. Sub-Inspector Wekion ta;d that the police were in the habit of cautioning publicans and others when their lamp* wont out, so as to give a chance for repairs ; but the light at Mrs. Dawson's had been so frequently out that they had been compelled to summon her Cautions were clearly of no use. The Magistrate said that he remembered a previous summoiVs,wl«en Mrs. Dawson wns merely cautioned. She was now fined £2 and costs.

C. Mettal was summoned for an assault upon C. H . Hughes. The case was dismissed. Crawford v. Young.—The fence in dispute was reported to have been removed, and the case was dismissed.

Henry Green v. J. P. Btookswaa dismissed, there •being no appearance. CiiAUOE of HopsK-STEALiyo.—Peter CampheH, sen., Peter Campbell, jun., Archibald Campbell, and Robert Sinclair appeared upon remand, charged with stealing a chesnut mare, worth £25. the property of Wtu. John Dyer, of the Lower Taieri Ferry. Mr, Cooke, who appeared for the prosecutor, stated the facts. He remarked that there was a too common practice he re of taking up horses and advertising them; it was si very convenient way of horse-stealing —labour was got out of them, and when they were claimed, the advertisement was pointed to as a proof that there li;ul been no felonious intention.

Mr. South, for the Campbell's, an 1 Mr. M'Gregor for Sinclair, i>roteste<l against such insinuations. The'-Magistrate t-aid it was simply the statement of a fact, for he knew that the practice named by Mr.. Cooke prevailed largely here. Mr. Cooke then calie

, Wilhntn Jo!m Dyer, who said that he wa* tho lessee oi tho Lower Taieri F«rry. About April or hfrvfr 1?™! 8 wnsj.lacc-3 in hi* posLsion ■irr.il loun& of t!|e theu firm of Young and .M 01 rahaii. She wn« tli-n runnier, this fiJaof tua Ferry, on the Native Iteurvo. He took potion o f tae mare nn.l used hw, ami o/Kuvd her tor mU-ab-.ut two xnontln n^o, bat did not sell her. About a week after he took possession, he saw Archibald .Campbel, and told him not to »o«. C o the mire ru.ro or ro u S e hor. This was because he hid 4u toLl that Arehibdd Campbell had been workio" t'" "V* h ll? l>lle11 I^l that he-haatrokeahwiH «n«! ou'-rbt to /ret something for doing it; to which he (wiUem) replied,«' You niust not handle the ma*, nuy more, and if anybody, authorised yaa to brfa'; hnr in, they arc the parties to pay you." About tho -iutn or 27th August some mem in his (witness's) ouipJoy wanfetl to buy a h Ol^e to go to tli/. digßing?. t Ife proposed to sell them the one m qnertion; anil, on sending to look for her" VI Tf" ?*"' hS fOW- ul' ,In con««l««tt«e 5 i.)foMTi;itio.'i, he eoramunicatcd with the police. The mare ih question wns a diesnut, with a gond denl of hair off her leg*, and had a small "M" or « \V' on nnvl r *Tul^T' ,flonevcr « aye Permission f, nny one of the defendants to use or take away the By Mr. Poath-WLen <autioncd not again to touch the ware, An-hiluJd Cunpb,ll laid no c »a.m to her nor did .o Bay that she had been runmutr on tin. Mno-i llPsc-ve and that he bad advertised her^ Notlnnsiofthokmipa^ed/ He (the witaefs) SS u».hk <hr mare m Auewt; during th<* i!nt week a boy who was shflphej-.l2njjfo.it tie was riding b^r. lie (ti o witness) never took th« mwe across tho river, or knew of her 1.. ;t a^ ,l«. ro . The fan. wera these, tiv. V-M ashau .old tho miru to a Mr. Pnl-ner, au.J McTliuhanr^nesteiHu to gi-t tJw money or the mue mto his keeping. Palmer woaW not pay, but ha.d.xl over th« msr-,. He- (wltiu-w) never «aw au adv«rt>Peinont abwii tho mare. He was awU tiiat olie had been t-uimiiig on.tlw Maori Reserve, f^r wo paw her there evshtom months n-o, nnd knew that he fuao,l th.re ab-.mt 10 , n .,.,,b, av>. The tra.sat tjoH with Palmer mi«lit bavo b-:eu in May, or between tlis en«l of February a.ul that month. Palmer aVi I that bo would ratlwr up th« i Ulw xhnn pay • thit <h> was on the Itcservn with ltcr foal;aail tliat Le (the witness) could t-ike thorn. By Mr. McOre.™r-]le never raiuj^l tho police j to fl pprehanJ Mnclair j he did not charge Sinclair with steaitii" thts ware. Mr. McUreffv-Tben I think Sinclair fa id better e;o. (Laughter.) ojw c&?r Tliejr s!louU alle<>: for wHo doc*MrTlie Mngistratc- He believes and susi»octa i'y Mr. McGregor-Sinclair never 'claimed tbo niare.

Robert Brown, a half-caste ssltler at tlu> T.veii villa.c, Kisd he know a chesnut mare that ha<J a" W on tlw oft slnuhkr, and ha<l been ruormi? at the Maori Keserve for some tim*% Jietter than thv*niOHtlw affo, Mr. Dyer's mt!er camo over "the rlv" l \? "W i": =rc ; he just looked at hsr »nd left her, bur. he Kaid that as he htul her-rd that some ore was tfoing to tnko hw aurnv. Mr. Uver h«i-.l sent him over to take cure of her. He {th > witness) aftfnv.-mls sawr a boy eaiiilovel by Mr" Dyer ruling the inur«. The hist time he "(the wknWi Maw her at tho Ferry was about th« end «.f hit mtmth, when he met Archibald Campbell ridfa" her in the direction of DijneJh, He had proviousfv seen, on the s.\r»e d<iy,t!ia two Peter Campbell's and two hinclair's at Clcmcnth's. Afterwards h e u^ witness) stirtoi fw the di-arinsi, and at fK«:i?pyVh« overtook the ronrnccuHed, with the nnre. He tra-v.-Ilcl m'h them from that point, he aud mm-, other-* haviuir thnt own hor^. There wusn-oincfbu- on the lii-m-'y back. Tho accused wcr> can-yiii"- their | Sivags. flu; f.,ur men lived in onft tcvit; but"he did not know anything as to their arrasfetne'iU ! By Mr. South : It was near Uuve ytn'rs since he fir.,t siiw the mnre ; an! for that time »h*- lsa«i"run mostly on the Native 1t..-^rve. Horbjs h(t o run tv this way, were lookwl after s.>j« -how b«'t thii mare never was. Up U> th.; H :U (j of Mr. Djw*B •>itler coHKi.fr, he (the witties.V, never knewof any claim to l!ie u»ar<>. He r^muniihitvd that tvmt-i timb'JoK, Arc*iib:iW e..inple.l saii tJwt lie f.a-1 advert:^l 5 the niar-% He (iho xri\um*\ i!id not tb-n know anyttwm al«iut thy owner ; !m» feforu flic (Wtlcr f%nv °l er' .'V r I)J7 Rli' hi' Ibvl llOU"l't t)lC> "»»«. Hr t ,r osierwl to sell her to htm (di« witness ; n»d h»- i*»i----d»stool that to me tn ih.tr Dy-r hid ixxi .ht her ll.' never Faw.-jt'ier of tha I'tUr Campbtdl's usiiiL' or ia'terfi'nuK wsih 15 c mar.!.

Hy Mr/M'Gregor: He never he,nl Binehir clai-u the mare, or Raw him in any way iutcHcre. Ku-cxttuiiiu'il ;He th-iiiiin he r«-»n-.nb red once tellim; Ardubuld Camplic-i; that Mr. Dvvr had bought the mare, bh* was in the ns*rv« nearly a year beforo anybody J:itetf«red with h f >r. She strayed thero, anil g<iner.dly kept neai tlw mails r»»i Harold ClemeaK puUicnn,rcsi'lin^ near the Talari F«rry, said ho remembered an advertisement about 12 months ago in tho Dingo \Vitnetg, r«spectin;r a chesnut marc being found. The adverti-emeut shown to him in the Witnext of December 21, 18b" 1 wm the one in question. Shortly aitmvards Mr. .U'Ula»han came out and &*k>?d him if he had K<>«n a che-nutt m;ire that had been a ivertiscd, h>>do^ril«<l f.ne which he had seen i*nd which he bclifvftl to be tr»at referred tom th,; advertisement. Mr. M'Glashin then weut to PcU-r Cttsnpb-H'u house, but there was no one in. Mr. M'Gla*han returned and Sv»ld the mare that waa advertised, to Palmer. Mr. Smith objected that a great portion of this was no evidence. It-was an. effort to bolster m> a dreadfully weak ca.-te. Examination resumtf 1: H*- saw thft maro frequently ftfr*nvards. she w:is generally in Archibald Caraiibflt s keeping. Indeed she had always been in his keqiina: until very kttdy, but he (Mr. Clements) bad **v .a boy of Dyers ou h«. She wn* frequently ridden by all the half-castes hi the ud^hborhued. niliuer was mnrned to a h-df-cast*. Since iKcr'n boy vviw on her, he (the witness) had only once "seen the mare in the hnml* of Archibald «'jimpbcll that wns on Thur*duy fortnight, near the Ferry. By Mr. South ; He hear-!, at the time 'of the saj« ' to Palmer, that P.iiaur w,-nt to Aidiibald Campbell who refuel to Rive up th, } mare. lk.rause ho had a chum on her. Then? wa* no di-pute about her until M Glashan came ll* (fcHe witness) never supposed that Campbell had s>Ueu the mare; but hedil'think tnat CimpbeH h.id no Wsiiwm with h-r in hii ik>h-s-^sion j that hi; out;ht not to have taken her up, and a lywtijicj her. Cinp.'x-l! di I one» tell him that he 'i;uui''d the mare, h.-cHiis<; hu had a lvi>rtiscd her, Ue-axamined : He never hvnnl Campbell claim the mnre ufUr Dyer's by was sent for. Constable Lambert's cviiience as to the apprehenhiou ot the prisoners (given at a previous sittiuir) was read over to him.

Mr Cooke applied for n remand for the productton or Palmer and some other witnesses; and, after some discussion, the accuse! were rcm-tndol until Thursday—being again libtmted ou their own recognisances. ' °

Wednesday, Sept. 24. t * (Before A. (,'. Strode, lisq., It.M.) j Dbu;;kbn.\ess.—James Hamilton was fmrd 90s [ and cost a for beh, X drunk ; in default of payment tv }hi impnsonel 43 hour*. . .Steamko a Ttxr.—Jnines Blake wna brought up on remand from Ttie.-day, charge J with havin" on Hatur.lay eve^iner stolen a tent from the shop Q f j", U ca B.akely, of Prince ;-;-treet. The remand was granted because the prisoner said he coald find the man who gave him the tenttosdl.—Tn'-kwelf, of the detective force, ww stated that the prisoner toll him that he cot the tent from a mo naroe'l Dick, who worked t»r Dr. Wilson, a;id lived with a scissor-grind. r in Ratfray-strect. During the afternoon, he (Tue'iwell) went up Rattray street, and while pm'mjf one oftae lews there, he hoard some mm wasujHim" and j»cm*nglydrunk. One of them exclaimed, "You I — wretch, there's that poorfcllmvnowin gaol for that tent you stole la<t Saturday night!" He went in and f <un<l that Hamilton, who had Just been fined for being drunk, was the person aforesaid ; and took him into custody, that the prisoner Blake might have the opportunity ol seeing him. He knew Hamilton to ha a suspected porson. Blako had identified him ai the man from whom he ;jot the teut.—Blake on being asked, said that Hamilton gave him the'tent I -oT, latm!jon that he knew nothingof the tent or of Blake. It was true that the words stated by luck we 1 were used on the previous afternoon, but they were t-puken in joke by a mate who had been in court during th« heorinj; of the charge apainst Blake; and he (Hamilton) at once replied, "Whoever says so tells a lie !"-Tho Magistrate said he had no doubt that, BLike stole the tent; and he should! therefore, commit him to hard labor for two months n .. »,. • , Cxvilj Cases. fi*ho«4 ncli-T" Fre'; cri(* Watts-Judgment toi MOs 4s on a dishonored promissory note for L 9 and interest /or 10 months. ' I Hurli GHles v. T. Jones was a claim for Ll4 18* 4lf o rwa 2 ea The defence was that, there wt« an enzn£em<'nt for s,x months, and that the plainS l-ft before the completion of that period, The«i^ w is dismissed. BWiB

James Godfrey v. B. B. Cargill.—The pWntiff el»imed4a for cartinsr a load ofjug^o from tie Jetty to the defendant's store in Prints street The •lrfonco was that the demand was excessive ; that the load consisted only of two email leather trunk»7andl ! hat-box, taken from the heed of the JeUy" idl that first2s.and tben 3s were oifereU and rJmzd, The £T Iff* 1* charge he made was usual [M over the fawn. 'I he Magistrate said that he cared not whether it wan usual in tweuty towns; ho uplicved it to ben.species of robbery, 'flooe-f^d n%ht S •rtear. but a, w.,nld be ample payment for roofia job!

■ Richmond and GfJUie3 v. Clark.— Judgment for L 5 ■usajsil co3ts, Dutton v. Mutter.—The phintsfF had taken oat sumuioEsfs for two amounts of LIS, atul of XlB. The m'iuuf.t,atu, after blaring the plaintiff's statement, hsid that tin objection taken by Air. Ward was good, tuat three I 0 Un referred to one and the same transaction and that as nd can** of action coiiH badivideJ the p'aintiff could not sua in this Court. Mr. Wanl sail fao woaM consent taa Judgment for L2O irf a-itia-raction of the whole, but the plaintiff declined thk And withdraw tha case, saying that he would sue in another C ourt. Prince v.(Jran«r~Mr-South appeared for the defendant. The plaintiff claimed L 5 as the value of a revo.vep, a flask of powder, some boilete, and a woollen comforter. fli* case was, that the paw.ler and bullets wra among .things which the defendant agreed to ♦Xi QVn f^ m the h? having a horse, and tnat the revolv-r and comforter were lent. The version of the affair given by the defendant, and a wit-n-sr, named Vttmon was as follows:—Grc»t, Prinne, Dawson, and Buckley want together to the Dunstaa Uigginfrs, On the way down Prince and Baskley haviog some words, the former drew therevoksr, and sworo that lie would "put, it tliroagh him;" bat Buekloy contrived to -et hold of tba pistol and gave it to Jhwjoi., telhn- Jiim to k^ep it till they cot threatening to take hh life. At Waikouaiti he said Qj xmn-d give Princo info WMtolj-, but wa^ mmaadnl not to do suclt v thin- there He hal been dst^n.ed Oji bawnw* and hid not yet reach-d Dunlin. When : i\7 w -'*\? m!s an ] '*»"»« S«>t down they went into 'ihif.™ *'stllw»*'»J Grant FeeiDK'tho pisto! on the eh nney p,«cc, ostasd Prinw. to len<t it to him. Prince siui he wuiiM, and (Jrant Wok up the weapon but h^pcai»B to put iyloxm .'.gain, Dw M n came in S^ 1 1 t l uP«r' d,'»W £l^ he should still kwpit a< li w tIM Magistrate that he was ready to give v U! > c .t!iw to Bu.-kiey or the police. Prin" domed that he panted the pistjl atfiueWev orSiy oneefoa. lie « ?1 ,,1 y llu d it inhf« ha,ddurin X a'.Urnnte .A' to tl:.l' powkr omj bullets, O fa ut dui:io3 evtr ItavUi.it he had »^e-» anl v/an ret ly to deliver it. The m,i-is u -a e and jtw-a alro^.ttu-r a truoirery chsp a-id 10. iittcnfi-.n i.-or-A work" iw a painter. Mr IW *'tt v,-a<j A,r tUe *-fcnda«t. Thp eve w.-w dnmiS the raigistmto lunhu-x that t,'ie story of tne plaintiff i an; I,sh witn-M Stnnil w., 9 a most improbable one John Brook v. IL H. Btevea«.—The <? e f,n.iant U eiptaw of th.» -sh.p Kil'crrao:,*.. aa 1 l*-fn ? at .-■a h" w.u r?i.w*»te,l by Mr. Cirthk, of the firm of | M™.!H Martin an,l Co, a; . eM b, for ,he .hip A 0 *' P -i">t»«I •*l««tne.l J/>, a * ihe.i : bi.unt of loss upon Jiroft .'lies of BU/-ir <lam-. S ed hy the V piefiation bemsf M per px»nl. Jl rt «al:i t««t th'f I . mtf "tn.iT' re t">rtion of **ty.fivt. fro,,, Mdb-jarne by tJ,o Klllerj,i..Bt a i.J they W; .-o » c.-i I^uiv «bw m«s d w2h-ti lanrfeJ «„ the \*>.y. th.-v the ciraVman to coTnr- to «« the »,srar, or to site any cxnlanatim M to hrjllic welling occurred; tha ilime was the ••aKft with the a-cuts, »n-I .U-iice th»« wm no coui^ opan tor a but by amnmous Mr. U trrick *•«•« that tne dura »v ro.,i s -,,,J itS voxatiou,. It was tne only one bn>nslit a ?u«t th« hhip. Th-re were csrincaus as to hw hvdiea and .| U n na «c : and h,----stea-1 oi t ikitiir prop-r s: C •* tor a survey its ,Ju • time the Huminom »-a* iiotsor^l until th, *!,;., w ,i al w « t^> s<iiJ, and of course the dpUiin vyiU not iJT^r.l nj

ia?;K,V' J*eph U-nH »*-J««te»«t for L 2

Henry Uh«n y Henry Jr, Jej -.Tliw v.:u a clam r Lt ' fjr li v«** *»S.« and a w*k'» notice. The story oii <.n- « t .l<» wa«. tli.it th -.ro w.w an ea-n.-vm*it whi»hlr,l l«.lto thap!«ntiiPHl.avin«L a tfcn"-n----liloyinent o-ijy to !>« rcfiiftj-i work by ft".* Sl t ! t" aat o-i the ~tl«rr. ttiat them was n> cnJC"e-' ii i ine.\ iv. %,-ork done at the Onnmerri.il Stab 1 --* Th» dout wa» » Unified, and the parties were left t-I <s-»*Uc the <p<- ? t;. M of time of jnym >nt. v I)yor o. L2O; Cr, :ti \ mL« nv.L vy L 5 4s X- i \. "a ; 'N*»"lJ»n v. .Salomon, L 5 19^ 'fnl«r* by dcftultwu* iii the' following-«Wi.-Walker and Co. v. J«»n»4 KWdte, J/»I) S? Unce on an account for eonlbta. ale, an.l ixirter •' Pole tu hi? L2O; IJi-Ilan-fo; lerjv. Parn^ll and other.*, L 3 1« -ii, tie tmi'jcr; M'Lwl artl (]ib*on ». Ch rlott-, jJawwn. LI 1 <M 3d kilaacn for chaiw and i|S£ta • Gwper v. Jcnkia-i. L'J 3*. for «!«,. a P | rt '«s & s rocenes '