RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 449, 29 May 1863, Page 5

RESIDENT MAGISTRATE'S COURT.

Thursday, May 28th. (Before A. Chethani Strode, Esq., K.M.)

Drunkenness.—John Qrahain was fined 20i; in default of payment to be imprisoned 48 hours. , Assault by a Sailor.—William Bretton, a seaman on board the schoonar Katheraw, -was charged with having assaulted J. M. Doble, master of that vessel. He pleaded Guilty. It seemed that the man hail been absent without leave, and went on board about one o'clock on Monday morn'ngr, very drunk. He went to the cabin, where the master was in bed, ill; and he used various threats to the effect that he would have the master's life. He cansed a good deal of bother on board, and brandished some weapon in the dark ; but he did not strike the master, so that the assault, although legally committed, was so only constructively. Mr Haggitt appeared for the complainant. The accused was committed to hard labor for a month; the master being directed to settle up his wages. . Breach op the Slaughtering Ordinance — Thomas Hickling was charged by Trooper Louis Winner, inspector of slaughter houses, with having on the 20th instant, unlawfully slaughtered four pigs, without having Riven him six hours notice, as rertuired by the 47th section of the Slaughter-house Ordinance.—The Defendant: It is quite true ; but I was perfectly ignorant of the law. It is the first time that I have ever done it, with or without license. — The Inspector said that, in consequence of information, he went to the defendant's premises in the Arcade. The defendant at once admitted having slaughtered the four p'gs.-The Magistrate: Well, Mr Hickling, if I fine you anything, I must fine you L2O. That's rather too severe a penalty, perhaps.—The Defendant: I think so, too, sir.—The Magistrate : I have no option. If there is a fine, it cannot be less than L 5 for every head slaughtered. If I look over this offence, will you promise that the thing shall never occur again ?—The Defendant: Indeed I will, sir.—The Magistrate: Then pay the costs. . Charge of Horse Stealing.—John M'Gnngle (on bail) appeared to answer a charge of having stolen a bay pony mare, the property of John Barr, and of the value of 120. Mr Cook appeared for the accused. . The Complainant said he was poundkeeper and publican, in Dunedin. He had seen outside the Court a, bay pony mare with white star on the forehead, now brau 'ed V on the offside of the neck, the brand having been recently put on. The raare was his property. He saw her six or seven months ago, when she was in his possession ; she was on a piece of unfenced laml—that now called the Recreation Ground. She had been running there irorn the time she foaled He missed her one morning, and he did not see her again until about six days ago, when she was in the Commercial stables. She was worth L2O ; he never authorised anyone to take her away or sell her, nor did he ever sell her himself. He lost another horse at the same time.—By Mr Cook :He had the mare about nine months. His children hail f eiuently ridden her. He old not know aMr John Smith: he never authorised John Smith to sell the m ire Ue had known the accused for a short time, and never heard anything against his character. Wl-qa he mwi the mare, he sent a boy to tae Taieri village to look for her; and he wrote to one Brown, a halftcaste, offering L 2 if he could get. the mare back. He never thought she was in the posses sion of the accused. last Saturday, the accused showed him an advertisement in the Daily Times; but one insertion of a i advertisement was not the wav to find out the owner of a horse. The accused called on him on Saturday last, and said he was very snrry about the matter, and he said he was sorry too. Tne accused showed him a receipt and eaid he bought the mare from John Smith—but that was a very accommodating name, fie would have been glad to have a-ranged the matter without coming to court. He thought now, or he'd fain believe, that there was some mistake—that the accused had not stolen the Angus Shaw, mason, Waikari, said that the mare outside the Court strayed into his. paddock on the Bth February last. He kept her there and advertised her. He knew ths accused "by experience," for the accused struck him down once. He got the mnre advertised ; and four days after she strayed in, he found that she was gone again. In consequence of what he heard, he went with another man to the White Swamp, and saw the mare there. He said to the accused, •• I am come to see about the beast that was advertised." The accused said " she has not been advertised." He replied " She has been, and maybe she's neither your's Dor mine." Afterwards he pointed to the mare ■which was in a paddock, and said " Are you willing to give me that beast?'' and the accused said, " No." About two months ago, he went again to the accused's place, with a man who had lost a beast. He asked the accused where that beast was,: and the accused said, "She was away a fortnight ago,?' He painted to her in the paddock, and said that was her; upon which he instantly got a " chap on the head from the accused, and he went down like a bullock. Of course he did'nt see anything then ; how could he, when he was down. But

he did see the mare b#>re hs got the "chap" In dead ths accused was the first man that ever struck him in sueli a way. He went aw;sy saying he would go to the detectives abont the blow. Wai there any difference in the ma-o? Well, yes, she'd gut, a long tail and mane. lie did not sac the'i whether the mare was branded. He was not near enough; but the accused pissed up and down with her to town. Her tail was docked now and she was branded ; when lie had her she was not. branded at all.-—By Mr Oook : Me did not atternpt*to take the mare forcibly from the accused's pad'jork j he wantei her becsvuss she did not belong to the accused, and ho (witness) La 1 alveviii d her, so that people w«re railing to iniuiro a.out, her. He never claimed the mare as being his own pro perty. He had been to 1). teclive Tuckwrll and tol-i about the accused having t.'ie mare, long before the accused gave him the "chap" on the head. Tu"kwell took his statemint down, but the owner of the mare did not turn uj—that was all.

John Maclean (Driver, Maclean and Co.), said he had seen the mare cutside the Court. He believed that on the 12th inst. he sold her by public auction for the accused at the North Taieri. A man named Win. Bobbitt was the purchaser.—By Mr Cook: The sale was principally ot cattle ; he sold nothing else on that occasion, on account of the accused. He bad known the nccused for some months as a respectable man. He believed that, to the best of his recollection, the mare was in the same state as she was when he sold her; but he did not pay particular attention to her. There were about 50 persons present at the sale. The accused bought several articles at the sale.

Win, Kobbitt, cattle dealer, North-east Valley, stated that he knew the pony mare outside the Court. He bought her at public auction on the 13th inst at Mak's Accommodation House, North Taieri, Air Maclean being the auctioneer. After the sale, the accused informed him that he was the se.ler. There was a brand, "V" on the offside of the neck, whun he bought t!ie marc. James Barr, son of the prosecutor, said that he knew the pony mare ; she was the property of his father. She had no brand when he last saw her iv liis father's possession. He had ridden the mare many times.

.Detective Farrell said he arrested the accused on the 22ad inst, under a warrant, on a charge of horse stealing. Tee accused admitted that he had branded the mare in question. He asked for the brand ; and the accused said he used a small bit of tin, which lie had since broken up.—By Air Cook : The accused showed me the receipt produced, and said he bought the mare from John Smith. He also said that he advertised her as having strayed into his place.—Reexamined : He said he did not know where John Smith lived. The receipt purported to be for L2l received for a bay pony mare. Mr Cook submitted that all the circumstances were against the probability of a felony having been committed.

The Magistrate was satisfied that the case must be decided by a jury ; and he should therefore commit the accused for trial at the Supreme Court. Bail was accepted—M'Garigle in LSO, and two sureties in L 23 each.

Charge op using Threatening and Abusive Langua.gr.—David Nesbitt appeared to answer an information by Detective Tuckwell, charging him with using threatening and abusive language. Subinspector Sincock asked for an adjournment, as Tuckwell was at present confined to bed by illness. An adjournment for a week -was granted. . CIVIL CASH. W. G. Turnbull and Co. v J. C. Carter.—Mr Haggitt was for the plaintiffs, and Mr James Prendergast for the defendant. The claim was for £20, for goods not delivered, or snort delivered, from the ship Sir George Pollock, of which the defendant is ciptstin. The bill of particulars showed a total of £J1 6s 6d, thm composed :—One hhd. Jf-ftrey's ale, spiled and contents abstracted, £9; 22J dozen bottled ale, short delivered, £13 0,3 81; three half dozens Crimean shirts, abstracted from case which was cut (add 40 per cent advance), £6 8s 10J; survey fees,' j-2 2s; repacking, 15s. The amount was reduced to £20, to bring it within the i urisdiction of the Court. The bills of Jading showed that the goods were signed for by the defendant, on receipt in London, as in good order and condition; and a great deal of evidence was given to show that no abstraction took place between the delivery over the shin'a side at Port Chalmers and that to the plaintiffs' carters. As to the Jeffrey's ale, Mr W. H. Reynolds, who made the survey, said that what remained in the hogshead was quite acid. This satisfied him that the abstraction was done at least three weeks before he saw the cask —most probably it w,as five or six weeks. The defence was, generally, that there was no proof of shipping; that the evidence went to show gross negligence on the part of the shippers; and that abstraction after delivery was quite consistent with the evidence. The Magistrate said he wished to consider some points in the case ; but as the defendant was ready to sail, he would give judgment next morning.