RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 670, 10 February 1864, Page 5

RESIDENT MAGISTRATE'S COURT.

Tuesday, Febeuart 9th. (Before A. C. Btrode, Esq., It M.)

Drunkards.—David Jones, who made,} li is second appearance in 24 hours, chars'd_ with drunkenness, was fined 40s or lour day-*' iuipiisonment. David Bracken, Thomas Tliyim-r, li.tr the same offence, were fined 20« or 48 hours. Stealing iDeposii Receipt.—Win- U-nU-.y was charged with stealing a deposit leocipt t)is property of Anne Connelly. When tb ■■ proueeutrix appeared she said she was not sine she had given the receipt to tbe pii om-r or not, and the case was dismissed. The receipt waa handed back to the prisoner, and on prosecnlnx applying to have it given up, the ronpislrate smd they must settle tliosematters out of (/our;. Discharge of Clunky.—Alfred C'uney surrendered to his recognisance on the charge ot murdering Craig. . Inspector Morton asked for the prisoner s. discharge as there was nothing against him. ©The Magistrate, addressing Ciuney: I am very happy indeed, as I told you I should be, to be able to tell you that you leave the Court without the slightest stain on your character. Ciuney : I lug to re1 urn my bincere ( luniks >.<> the Court, What I have to say shall bo short and sweet. lam thankful to all who have beeu engaged in this case for the manner, .in wlodi they have behaved to me 1 h >pc aid trust toat the Almighty God will allovv the person that committed the deed with which I have been charged to be discovered and punished. The Magistrate: 1 hope you will give every assistance in your power to discover lihu. _ Ciuney : Before I go would your woislup a'v-e me something to show that I am an innocent man. lam a sailor man and my clwnicter is everything to mt. - . . The Ma istrate: You are discharge!!, wlmli is in itself a proof of your innocence. 1 hive already stated in the strongest language I can make use of that you leave the Court without the slightest suspicion of stain on your character. Oluney thanked the Magistrate and then Lit the Court. Not Kbepino a Light'Burning.—Thomas Hutchinson, for not keeping a light burmog over a dangerous excavation, waß fined 20s.

CIVIL CASES.

Walsh v. A9hford—No appearance. Beadle v. Montague Jackson.— This wa3 an action tor assault, under the following circumstances:—The plaintiff went to the Cricket Match on one of the days when the Canterbury and Dunedin Clubs were playing, and refused to pay the entrance money demanded. Defendant who was one of the ticket-takers, refused to allow plaintiff to go in without payment, and subsequently put him out. " This waa the assault complained of, and plaintiff brought the case forward to test the question. It was not alleged that any unnecessary amount of violence was used, or that defendant did more than merely push plaintiffOUt. ■-/ The Magistrate thought there was no case. He wmld not enter int" ihe question whether Mr Jones was right or wrong in making the charge. He did not know, but presumed, that no -charge would have been made unless proper permission had been obtained from the Government. It was a usual thing for a charge to be made, # and lie thought Mr Jones' servant was justified m doing ashe°did, for he had not used any unnecessary violence in carrying out his instructions. It such had been the case,; lie (the magistrate) would have punished him. As he before said hs would not enter into the question of the right o Mr Jones to make a charge, but the servant was right in what be had done; and the case was therefore dismissed. Boddie v. M'Grafh—Defendant pleaded guilty to assaulting plaintiff, and as the assault appeared to have been a violent one, she was fined L 3 and costs, or one week's imprisonment. ' Nuisance -George Renwick was charged with polluting-a watercourse, at Green Island, by washing sheepskins in it. Mr Prendergrast, who appeared for the defendant, submitted that the •onfv remedy for the persons complaining was by indictment or by civil action. The defendant was a fellmonger, carrying on business on his own land ; aud whether he polluted the watercourse in queston or not, was not liable to be proceeded against under the Town and Country, Police Ordinance, The Magistrate agreed wiHi Mr Prendergaßt, aud dismissed the caae.

(R, H. Forman, Eiq., R M., took his seat on the Bench.) ■ CIVIL CASES.

G. Greenfield v. W. Dillon.—An action for illegally occupying, premises. It seemed that plaintiff let dtfendant a dwelling houss, the rent to be paid quarterly. When/the first quarter had expired, defendant became insolvent, ani scheduled the plaintiff's claim for rent with hjs other debts. Defendant still retained possession of the house, and refused to leave, alleging that he was a quarterly tenant and must have a quarter's notice. The Magistrate considered, that under the circumstances the defendant ; had not occupied the premises «•/without right, title, or license;" and dismissed the case^ _ . Bowman v. Anderson.-Mr Ward for the defence This was another . action for illegal occupation of a house It seemed, however, that there was a kind of partnership, or claim .on the part of defendant; and the case was dismissed, with LI la Co3ts. ■■■..■ Nuisances.-ff. Farley was summoned for n«£rlectine to keep his premises clean, in Prino?sstreet. Fined 20s and costs. Walter Siglsy, .for the same offence in Dowling-street, was fined the same amount. David Miller, Samuel Oolhns, M'Lean Wat Jack, were charged with allowing thei- cess-pools to be a nuisance. The two first defendants..were dismissed, as they were the tenants of Jack; and the latter was fined 20i and costs. ■-'.'.'■