RESIDENT MAGISTRATES' COURT.

Otago Daily Times, Issue 312, 19 December 1862, Page 5

RESIDENT MAGISTRATES' COURT.

Wednesday, 17th December. (Before A. C. Strode, Esq., R.M.) Drunkenness. —Henry Hutchinson and Robert Reinbird, charged with being drunk in the streets, were esmh fined, in absence, '20s. and cots. Indecency.—John Thomas and James Harris were accused of indecency by exposing their persons on the public .streets. They were each fined in 20s ami costs. Them.I .—Henry Harris was accused of having on Monday stolen a number of sable writing- pencils, the property of a fellow lodger. The lawful owner, who is a sign writer, inissd his materials, and while purchasing others in a shop in the Arcade, was shown his own property, which had been purchased from the prisoner bj the dealer. In defence, it was submitted by Mr Ward that prisoner was in the habit of selling such articles on commission for his brother in Victoria; that those in question were mixed up in a chestful of goods belonging to his brother, and consequently prisoner did not know they were prosecutor's till he was arrested. His Worship could not believe there was such ignorance, and sentenced the prisoner to six week's imprisonment with hard labour. Fraud and Imposition. — John W. Adie was brought up on remand charged with this crime. From the evidence it appeared that, in January la^t, he bought, a quantity of boots from E. K. M Cluskey, in payment for which he tendered a cheque on the Union Bank of Australia for IA 17s. On this being presented in course of business at the Bank it was returned, prisoner not having any account there. The cheque was tendered on other two occasions with the same result. Prisoner left town at the time, bur, returned lately, and wjis apprehended by Detective Tuckwell. lie was committed for trial at the Supreme Court.. George Augustus Whally was charged with a similar crime, in having, on the 9th November last, disposed of a cheque for £o 10s on the Bank of New Zealand, to Frederick Waters in payment of goods furnished. On the cheque being offered at the Bank it was returned with a note, stating that prisoner had no account there. He was remanded for a week. CIVIL CASES. Henry Brothers v. J. H. Pearce. - Claim of £6 Gs, for goods furnished to a Robert Wilson, for whom defendant, it was alleged, became responsible. Defendant denied this, and plaintiff was nonsiifced. Brown y. Jones. —Tin's was a claim for £20, under the following circumstances. Plaintiff and defendant were in partnership as hotel keepers, which was dissolved, one of the arrangements being that all debts due by the lute firm should be paid by defendant. After the dissolution plaintiff was served with a writ by John Gray, timber merchant, one of the creditors of the firm, ami plaintiff paid him £20, which was now sought to be recovered from defendant. Payment was resisted on the ground that Gray's account was disputed, and that plaintiff" had no right thus to settle it without the knowledge of defendant. The ea-c was argued very fully by Mr Haggittfor plaintiff, and Mr Barton for defendant. His Worship thought it was decidedly compulsory to pay the £20 when a writ was issued, and accordingly g.ive judgment for plaintiff". Henry and Co. v. Oleve and Co. —Plaintiffs claimed L'2o as damages sustained in consequence of defendants having failed to deliver a quantity of iron and zinc which had been publicly sold by Messrs Daniels and Coon their behalf, and bought by plaintiffs. The defence was a denial of instructions to sell the goods. Mr Haggitt appeared for the plaintiffs, and Mr Macgregor for the defendants. After evidence had been hoard at length, the Magistrate decided that plaintiffs had failed to establish their case, and accordingly gave judgment for defendants, the plaintiffs reserving their right to re-open the case at another sitting of the Court. Plummer v Smith- Plaintiff" sued on a bill of exchange for L 9 4s Gd. which had been granted by defendant to a party in Melbourne. The authenticity of the signature was denied, but on comparing detendant's signature, which he was asked to write in Court, with that on the document, his Worship said there could be no doubt as to their being identically the same, and he gave judjrineut for plaintiff, at same time remarking that defendant had not come very clean out of the action. Walker v. Wendle.—Plaintiff1 in this case claimed L 6 10, the value of a "swag" he had left with defendant on returning from the Dunstan. Defendant denied nil knowledge of the "swag." Plaintiff, who is a German, and spoke English very imperfectly, swore it was left at defendant's house, while he (plaintiff) went to the Hospital, and that on returning to claim his property, he wa* pushful from the door. Mr Barton, who was in Court, ask^d to take up plaintiff's case. It was clear he had been wronged somehow, and if defendant was not to blame, he could not object to answer a tew questions. These ' were ptit, but not very satisfactorily answered ; and his Worship gave instructions that plaintiff'should go ' to defendant's house and search for his missing pro- • perty, and if any was found, he would then, deal with the case as a criminal one. L .Robertson v. Thomson. —Judgment, in absence, for Ll4 12s id, the amount claimed. Wilson v Bush.— i Judgment, in al sence of defendant, for L 2, the ; amount claimed. Greei' v. Jones.—Claim, Ll3 13s ; i judgment for L 5 17s, without costs. DUNSTAN POLICE COURT. Dkcfmber 9, 1862. ; (Before Jackson Keddell, Esq., R. M.) j Obtaining Monet Under False Pretences. 3 —Richard Gilloni was charged with obtaining money 1 under false pretences, from one James Kane, under the following circumstances: — Geo. Webb, licensed c victualler, Weatherstone's, deposed that he had paid ; £18 to the party in possession, to give up a piece of * ground to him ou the 20th November last. Took " out a license on the same day, and then proceeded ; on to Dunedin to purchase timber for building upon s this ground. Before leaving left a man named Thomas :. Edwards in charge of the ground. Met the prisoner, at Mac's Hotel, West Taieri, about ten days & ago. Told him about the purchased piece of ground n on the Dunstan, and that he was going to erect an hotel. Never at any time authorised the prisoner to '" sell the right of the ground. j Detective Johnson deposed that while on duty on a the 6th instant, he saw the prisoner and Kane having v a dispute about a piece of land. Asked the prisoner c how lie came in possession of the piece of land 1 He d made no reply. Asked him if he had a business o license or miner's right. He said he had neither, g Took him into custody for obtaining money under . false pretences. ,c James Kane met the prisoner at the Union Hotel, a and from representations made by him consented to purchase a business site in the main street. Found *j other claimants coming forward immediately after. " The prisoner said he was authorised to sell the ground te bytheowfleiv Me Webb*

Thomas EJwar is proved being left in charge, nni tnat ontho 'afternoon he found the prisoner pulling down his tent; and upon asking him why he diet sm, i)e replied he was authorised by' Air Webb to sell the ground. . Committed for trial. Kobbery.—-Edward Walsh alias Job.* Walsh, commonly known as Teddy Walsh, was charged with roobing one John Davies, a miner, of half an ounce of gold and a miners right. The prosecutor stated tnat he had been indulging pretty freely in drink, and had laid down to sleep upon the form in front of the bar of the United States Hotel. Had ih-gold m his possession when he laid down. After sleeping a short time was called up by one of the barmen. Missed the gold and miners risjht in about half an iijur after being called up. No other person could have put his hand into his pocket after being woke up. By the Prisoner : Did offer to forgive the loss of the gold it you (prisoner) would return the miners' right. Austin Kenan, barman at the United States Hotel, deposed that the prisoner came up and sat on a ca*e near the prosecutor, and tried to wake him up. Thought he was a mate of prosecutor's, and saw the prisoner take a purse from the pocket of Davies. Immediately after doing this, the prisoner went away. Tried to wake up the prosecutor, but could not make him understand anything. In about ten minutes prosecutor partially woke up, and in about half an hour complained of being robbed. No other person but the prisoner went near the pi'osecutor. Keinauded till to-morrow. 10th December. Robbery. - Edward Walsh, brought up on remand from, the previous day, pleaded guilty to robbing Ed. Davies. He v/as sentenced to four months imprisonment with bard labour. i-'alsk Pretences.--John Laffin, for obtaining a bottle of glu under false pretences, from Messrs Millar and Cohen, representing he had been sent by Mr Jones, of the Provincial, for a sample bottle, was sentenced to fourteen days imprisonment. Assault.—Charles Balling was summoned by Michael Cassius for an assault committed upon him at the Aldiuga Hotel, Manukerikia Junction Township. Mr Cassius deposed'to having given an order for the delivery of some letters at the Upper Township, whicu were brought down by the defendant, the driver of the coach that plies between the two places. Balling demanded 4s, in payment of time and trouble for getting the letters. To this lie objected as an exorbitant charge, aud also thought 2s an extortion, though he would pay the 2-j. The defendant replied, '"that he would prefer taking it out of him," and immediately afterwards knocked him down by a blow. Samuel Jacobs, called by the plaintiff, deposed that he did not see Mr Cassius knocked down. Heard Mr Cassius call the defendant "A 1) y rogue and thief, and say f I will not pay you." Case dismissed. 11th December. Robbery.—Patrick Connell and Mathew Flannigan, on remand for the robbery of Messrs Attwood Brothers, were committed for trial, on the charge of stealing. Stealing a Cradle. Thomas Woods, and Thomas Hargreaves, for stealing a cradle, were brought, up on remand. Thomas Woods was discharged, in consequence of the evidence not beirig sufficient; and Thomas Hargreaves was again remanded for three days.