RESIDENT MAGISTRATE'S COURT. SATURDAY, JANUARY 10TH.

Otago Daily Times, Issue 331, 12 January 1863, Page 3

RESIDENT MAGISTRATE'S COURT. SATURDAY, JANUARY 10TH.

(Beforo A. Chelhnm Stiode, E,q ,KM)

Druvkbnmjss—P. G. Tiber was fined 20* and costs for beingl drunk , i i dutau't of payment, to b» uuprisuiicl 43 hour-<.

Baibiiri Shw, a n^'orou1* oft" nler, wai s nnt to giol for foui da) , tor usin^ obb^m* 1 ui^n \ja in lv* street.

Dntuel Slnw, for reiisUng ConataDle Barrett In tin execution of Us duty, w^s finul 30s and cos's

ABitum — WipcSfllinq —Klizibeth JofFjrv vni clm^p<l with using obseeno 1 innuage m tliestnot. The accused, who 1^ good looking, and was mo it]/ d-es^ul, denied thech in;e —Constab'e Conejs pio\cd Lliat tlse accuse I vms \ lolent in W ilkci-3ircct, .I'nut iuilni o ht, inrl j^od bid J u>|rua.;e - luspactor Weldon said this the nomin's husband vrn ta ba brought before the Court. .He sold her some time u)loi £20 ~ .in' fie buyu aftawrls sold hci foi ±,10 The huso rod, wanting to like hei la k ig-un, broke into hei h a Q, nn 1 hence the di^t n)j inec, dvi« i ljr winch the hn^mfie comp]"ii ed of «°s us d — The Migistr iti1 • Do jou know aiij tiling or hci 1 Mr I tldon We k low htr to belong to a CLrttim ellcll s, but as Jonjr si c keeps in liei o\vii house, s.li d^o? not oomebefoiciH —Th(,Ma_ii.t»ate* Weil Fluiboth Jtlieiy, ae.it .mil quiet a-, jou 1( ok new, tue h.i_La o \ou usid wds mo-t filthj You must ply ifie of nnd co t", oi g) togiolfjrtwo >U>* 'I'lu* hio waspnii. J mPB Jfftiij au ILI zabeth JefFiey \ioro clmrfred mth fight iigi tleairafr. Co s •il>»i_ Oi »c » stated tliat on tin puno s m b lit ( lv. btn Hs JUlruy inn n .mist iln" (loot of a liou'e in \\ ilkLrstuet, and, -ttitli his knee and shouldu, bnr>t it opin He went ii)<<iie, ■nil the (no Ugm iigli n g Iho ilror wasputto, lius sjine pei^oiis troin t!ie crmlt'ut X itheied. pushed b ick the doo-, md f.ot the man out Jilizabtth JctJiej followed mid struck him twice, uud the in in would hi\e rtruck her agvn, bad nut he (Conejs) stopped Inn. ft'r I> uton haJ entered the Couit dunug thf pDgrcss it the cast)iud that he appealed foi t'le woman, who li id thj jjroa' ml»* foituneot being the wift. o{ Jn. iici Jefforjs He could mcontestibh p o\e that Jeff ly had sold tha woman for L2O. He knew that site wa« a prostitute, but he turned that to Ins benefit by periodically selling off evtrjthm^ she lnd contmed to (?et about lier fahe could not live an honest lif , if she tried, while cursed with such a husbind. Jeffery • She has coma ba k to me two oi tlnee time, md promiiieil tr> refoim. The Magistrate • You hndbeitei leforin jourself, jou cleaily need it badly enough Jetlcry : I woik hard i^r my living, but whenever I get a stm t, this is the-naj --he serves me The Magistrate : I think you a most contemptible person, and that your conduct is most abominable. The idea of selling your wile is something horrible. I shall impose upon you the heaviest possible penalty, 40s nud. costs; and in default of payment you will ro to gaol for a week. The woman is discharged.

Offence against the Scab Ordinance.— Jamei Gow, farmer,. North Taieii, was charped _by Mr Logic, Chief inspector of Sheep, with having allowed two sheep,- liis property or under his charge, and which were infected withscab, to stray upon land not exclusively in' his possession. The case had been postponed from Friday, for the attendance of witnesses ; and Mr South now appeared for the defendant. MrLogie called William- Carey,; who stated that he was employed as shepherd by Mr A. L. Thomson, who was agent for s <me -sheep brought over in the-Franeis Henty. On the 30th Uecember, lin the neighborhood of the 'White Swamp, a stray sheep and lamb joined the flock. The sheep was pitch branded "J'-Q." The defendant had pointed out to him (Carey) the boundary of his land. When he first saw th> sheep and lamb they were outside that boundary. By- Mr South: He would not swear that the she»p of which he was in charge were cltim when landed from the Francis Henty. The stray !»heep and lamb were picked out nnd taken away on the 31st ult. by the defendant's shepherd. John Batty, another shepherd, gave corroborative evidence. From the look of their eyes, he should say the sheep and lamb were not scabbed; but he did not examine them attentively, Mr Logic said that oil the 80th December he started lor Mr Gow's farm, to see what he was doing with: his sheep, which he (Mr Logic) previously knew to be scabbed. On his way, he met part pf the flock, which he, put together and examined, and found to be still scabbed —nothing had been done to fern. By Mr South :On the 29th I saw, at the faim, Mr Gow's brother, who told me that in tue early p»rt of the year their flock wns joined by diseased sheep. He said he was going to get something for them—not that lie had pot and used tome. He grumbled a good deal about the numbar of sheep that had been running loose early in the year ; and I told him that the fault was their own, for that if tlwy had given me information that they had sheep on their farm, I would have protected them. I knev nothing of it; I cannot guess where sheep aye. The neighborhood of the defendant's farm is a very dangerous place indeed, from the number of newlyimported sheep that are run down there. Mr Sou ill said that he cnuld prove that ■in January last, Mr Gow got a number of perfectly clean sheep from the neiuhbourhooj of-the liurse-shoe Bush W'y soon after, the number of stray, sheep thai, got ainoug-ft the flock caused very great trouble ; and the two lirot..era spent'days at different limes in trying to separate them. The defendant's flock had no doubt pot s-cabbed—not from arty 'fault of. his own, but against oil his endeavors' to prevent it.—Mr Logic said he only wanted Mr.Gow to know his position. He had no (Jesire to press for a heavy pennlty ; for ho believed that Mr Gow hud now d«ne what he 'could to stop the disease. —The Magistrate said that the highest Hue was LIOO ; but from what Mr Logic hid stated, and considering all the circumstances, the Bench thought that a line of 40a and costs would ba sufficient.

Nuisances.—Constable Simon lcporteJ, in the case of Joseph Ilardinj.', il.at the nuisance was partly abated, and furthpr lime (until Tuesdny) was allowtd Jn^be c.'s^s of I). Munson, J.nuet. lien-. hi'U, Mrs Jones, W. V. Simpson, Jaiiies Pet oiick, Thoicas Hicklinc, John Uuighaw, and Robert Stewart, abatement was repotted. Thu sinnrnous_ against John JJrook was withdrawn; and the ca*o of: Peter Lawrence was postponed uniil Tuesday. John Flannigau proved that he had lcise-l some land on wtiich a nuisance existed ; and the summons' was withdrawn, JJimon btating that he would look for the lessee, Aitken. Harris Freidlich was fined 30s mid costs.

. The Seizubs of an Illicit Still —Stewart Alonteith appeared on remand, ch.irged with hying and keeping .111 illicit still. Th« piirticulars of thu seizure of the sliil on Thursday, iii tlie bu-.li about a mile from the junction of the Blueskin and Port Chalmers roads--, were (riven in the evidence of Oeti>clive Tuckwell, published on Saturday. Detective Beoklev, who accompanied Tuckwell, now (rave confirmatory evidence. They found about 150 gallons of wort ready to be passed through the still, ami ho i!estroy< il the vessel containing it. The two boilers he broke up, so as to bring them to town. He produced a kepf ot whiskey fouud at the place, a bottle of some chemical preparation, the worm, a hyilromotur, and ■ ■ackets of malt and hops, taken irom tlie sack* seized. Mr Barton, for the defendant, s lid that his case was that the defendant was simply emplojel to r pail the still, and that as contractor he eng iged Alexander (} aiit (who was discharged on I'iidayj to do part of the work. • It was for the Crown to prove the guilt of ihe defendant—to show that he was the owner of the still. '1 hey had not done so; for there was not a tittle of evidence of Monteith " having und keeping " the btill. Th*. 4th section, which imposed a different penalty, might with some straining be- brought to h ar on this ca«e; bnt the 2d, for having and ke- pinpr, un er which Mr Lo^ie (Collector of Customs) had chosen to proceed, could not po^sihly be brought to bear. There was noevidenceth.it Munfeith ever s-air the still before tho day on which he was taken into custody; nor, for the matter of th it, was there any evidence that the place was not a licensed distillery. Tho Magistrate : Tht-re is no power in New Zealand to grant such a license. Mr Barton thought that such a thing was acainst the will of the people, and opposed to the interests of the colony, lie repeated, that there was no evidence to Warrant the Conviction of the defendant. • The -Magistrate.;said; he.was very anxious fully, to consider the case, and he would give his decision on Tuesday. -, Monteith wa* directed to find two suietiea in L-2l> each, and to enter into his owu rejognisanc33 in. Lit) for* 1113 appearance on Tuesday. ■