RESIDENT MAGISTRATES COURT.

Otago Daily Times, Issue 297, 2 December 1862, Page 5

RESIDENT MAGISTRATES COURT.

(Before A. C. Strode, Esq., R.M.) Saturday, 29th, Novembeb, 1862. Drunkenness. - Henry Walker was charged with this offence. He said that having g>t aa hour's liberty on shore, he unfortunately took a drop too much. Ha was fined 20s, or, in default, forty-eight hours imprisonment. He was further accosed of having used obscene language in Princes-street. He had no recollection of it, but Inspector Nimon had, anl Walker was fined 10s, or twenty-four hours ia default, for this offence.—Peter Burley was fined 20s, or forty-eight hours imprisonment in default, for beia* drunk.—-James Wilson received the same award for the same offence. • Indeoenot.—-Frederick Morris was charged with having exposed his person, on the Jetty. Two witnesses deposed to prisoner having committed the offence, and also to he and another being very insolent when he was remonstrated with. Prisoner plended utter ignorance, but his friend; who came forward and charged the other two with using abusive language to them, affirmed that Morris could not be guilty of the offence. His Worship found the charge proved, a«d fined prisoner in L 5, or one month's imprisonment in default of payment—James Robinson denied any knowledge of having exposed his person jin Union-street before some children and females. A resident there proved that he did do so, and he was sentenced to fourteen days imprisonment with hard labor, the alternative of a fine not being given. Threatening to Kill.—Alexander Cowie was accused of having threatened to kill his wife. In answer to the usual question, prisoner said he knew nothing about it. His Worship said—" You have been a regular- pest to society for n long time, and you know it well. 1 have heard of you before, and shall tie your hands for the future. You appear to be a disorderly d"nnkon oharacter, and have abused your wife very much." You must find security to keep the peace tor sis months—yourself in L3tf, and two "sureties in Lls each." BuaGLAiur.—James Brown was oliargod with having feloniously entered the premises of the City Company, Rattray-s.tree.t. A constable met him coming from the premises ai»one o'clock in the morning, with a quantity of beef, pork, and mutton in his .possession.. He, ac<jou,n^d. for, the untimeous hour by sfati-

lDgttathehiuTbeen at the theatre, and the meat, which was bought from the City Company, had been in the house of a friend. The constable wished him to go back 1o the premises, and he turned for that pnrfoie, hut soon dropped the bundle and ran off. lie was captured agnin, and taken to tlie watchHouse. After further evidence had ben heard, prisoner was committed to take his trial at the Supreme U ■ \ /"' Ward, who was in attendance, reserved their defence, and asked to be allowed bail. This vf\ granted—the prisoner in LIOO, audtwo sureties ot LSO each.

« Monday, Ist December. Drunkenness.—Benjamin Harvey, David Slab- j ney George Kclty, and Joseph Mormay, were each toned 205., and costs for - beinu; drunk: ia default of payment to be imprisoned for 48 hours. Minor Offknces.—Hamet Windovcr. once more charged -with .drunkenness, and with having no lawlul visible means of support was sent to gaol for taive months, to be kept'at harJ labor. Alargaret j bwortls, fpr keeping a disorderly house, was committed t-t hard labor for a month. James Connor was nued tios,'Tor using profane language, and insulting constable Parker hi the execution of his duty Matthew Bibby, a decent looking lad, was se-1 to gaol tor a mouth for stealing a pair of troureivs from a tent !l ear ri" ray Plac<?' Tue prosecutor, was at the Detective Olhce g.ving information of the theft, when tin prisoner passed. The prosecutor at once told detective l uckwdithat, he believed the prisoner was wearing the stolen trousers, and he was taken into custody. Charge of being Illegally ax Lakce. - James M Leau was charged with being a prisoner of the Ci'own, illegally at large.—Mr St. Jwhn Branigan, ( ommissipner of Police, said that ha could prove that the prisoner, if he were in Tasmania, would be a convict under sentence. His, original sentence was tor life, and there was a further one for some offence ■in the colony. He therefore a<ked that, under a statute of George 111., the prisoner should be sent back to Tasmania. Mr War.l (for the prisoner) said that he was willing to admit that his client was ordered to leave Tasmania ; that he did so in company oi an officer: and that if caught there again he would be liable to service. The man could not be in two places at once • and the Magistrate had no power to do what was asked. : Mr Branigan said that the prisoner was under sentence ; and could be sent back to Tasmania, if found in any other part of her Majesty's dominions. . Mr Ward said that there was a conditional pardon, and the prisoner had fulfilled the condition. The Magistrate thought that the onus of prcviuothe pardon lay upon tin prisoner. . - ° Mr Ward was quite wilting to believe the statement of the police on the subject. Mr Branigan submitted tliat it was questionable whether a pardon could be granted in any colony, on the condition that the prisoner should quit that colony. ; Mr Ward: Then the Magistrate wai asked to review the doings of the authorities of Tasmania. He submitted that nothing could be done except by indictment in the Supreme Court. John Beck was called by Mr Branigan. He said that he was the chief district constable of Tasmania, He recently came over here, and the prisoner came over with him. He had given to him there, a document pardoning the prisoner, on condition that he was not found in Tasmania or in Great Britain. No doubt he was a convict as long as he remained in Tasmania. The Magistrate said he did not see what he could do after this evidenoe. Mr Bpanfgan submitted that the prisoner was in faot still a convict. Mr Strode said that the Tasmnnian officer clearly proved that in this colony the prisoner was actually entitled to be at large. It was distinctly proved that there -was a pardon from the properly constituted authority* the condition being that the prisoner was to leave Tasmania and not to appear in Great Britain ; and he was now in the colony of New Zealand. He (the Magistrate) admitted the injustice and impropriety of what had been done; but it would be a hardship upon the man to send him back after he had been induced to go away. He believed there had been inducements held out by the authorities of Victoria and Tasmania to get their rascals to come here ; and it was exceedingly wrong that it should have been done. In reply to Mr Branigan, Mr Beck said there could be no doubt that tho Governor of Tasmania had power to grant not only a conditional but a free pardon. Mr Branigan thought he was. at least entitled to have the prisoner remanded, until a copy of the document mentioned could be obtained. The Magistrate said the evidence of the officer was so strong that he did not think he, should be justifiel even in granting a remand. Ho was satisfied that the police here had onty done their duty in apprehending the mail ;• bu.t he must now be discharged. i M^ Ward said that M'Lean stated that his real del sire no.w was to work hard for an honest livelihood ; indeed, he went to the police here, and offered to take a situation under them. ; Mr Branigan: Yes, he represented that ho. thought he would be a very good man from h,U knowledge of the criminal class. CIVJZi GASES. W. Milne y. W. Lookyer Martyr ■-A claim for L 7 13s £$, fop paper hanging, &c. Mr Prendergast ap- ; peared for- the defendaut, whose case was that the wor-k had not been properly done. A nonsuit was entered, as it appeared that the agreement for the work was made with the plaintiff's brother, who is at ! the diggings. Mathesouu. Smith —A claim for LTGus for rent, was adjourned fo# a. week, it being stated that there was roasson to, believe the amount had been paid by tb,e> defendant's partner, who is now in Christchurch. Paterson v. Jackson -Verdict by default for L 7 15s m. There were a good many other cases of an ordinary kind heard.