RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 836, 26 August 1864, Page 5

RESIDENT MAGISTRATE'S COURT.

THUKSDAT, AUGtT;T 25TH. (Before A. 0. Stroie, Esq , B, M.) Drunkards. — James Halliwell, James M'Gill. Gerald Lawson, and Michael Halley, -were each fined _208. or forty-eight hour*' imprisonment, for being drunk. Robbery in a Brothel—Bridget Anderson was placed in the dock. Inspector Morton -stated that the prisoner was given into custody on a charge of stealing money from a man in a brothel in St. Andrew street. The man was :sober when he gave the woman into custody, but 'he hid ?ot drunk since, and was unable to swear the information.. He asked for a remand to Tuesday next. The Magistrate declined to grant the remand until^ he heard what the charge was. A constable then stated, that while he was on duty in St.. Andrew street on the pre--vious night, he heard a voice in a brothel there. A man then came out and £aye the prisoner into -custody, saying that she hal taken from him L 76. and only returned hiai 141, keeping L 35, which she raused to give up. The man was •sober when he gave the prisoner into custody. The Magistrate: I will remand the prisoner for -a few hours until the man has a sleep and becomes sensible. The Commissioner of Police: "We will charge this ■man with being drunk" and 'keep him until to-morrow .morning. The Margistrate: That is the better way, and he richl -deserves it. Then I remand the prisoner until to-morrow morning. Cruelty to a Horse.—Francis Merman was •charged with cruel y beating a boree in Clyde ■street ou the 20th inst. The constable stated he saw the defendant|beating a boTse about -the sides and head with a large jagged piece of timber, which he produced, and sticking to the -side of which were marks of blood and patches of ■torse-hair. The defendant said he did not beat -the horse more than it required. The Magistrate 'thought otherwise, and lined the defendant 40s and costs. Storage of Kerosene On,. — Matheson and Campbell, were charged with keeping -on -their-premises "in Maclaggan Street, a 'larger quantity of feercssne oil than they were allowed to do by the Kerosene and Paraffine Ordinance, 1863. ..Sergeant. Major Grennan said fthat by virtue of a search warrant, he went to the premises' of the defendants, and there found fin the front shop four cases, and in the back premises seven cases, each containing eight •.gallons of kerosene oil. While the police were rgetting the means to take away the oil, some person removed three of the cases from the jtnek -'premises. The police removed the remaining -cases—in all sixty-four gailons, and lodged it in the store erected hy the Provincial Government for the storage of kerosene oil. Mr Wilson appeared for the defendants, and in cross-examina-tion he elicited from the witness that the back (■premises were.at least fifty yards distant from the "front shop. JVIr Wilson then took two abjections to the present summons, a* it was the first of this nature which had occurred. He could also anake an objection for the better guidance of the i pJlice in fu ure f eizures. The first objection was rthat the kerosene must be s-t3red in one building. In the present case the defendants had one shop in Maclaggan street, and there was a right ofway, and distance between it and the back making two distinct buildings, the same as if they had two shops in different parts of the town, in which case they could keep-60 gallons in each shop. The second objection was that according to the Act, the police had no right to remove more than the excess of the quantity allowed by law to be stored, which in the present -case was (50 gallons, so that the police were only -entitled to have seized four gaUons The words ■of the Act which provided for the seizure, wera ";beyond the quantity hereby allowed to be kept." Inspector Morton said the seizure of the whole ■was made in orde^ to prove the quantity which ■■■was found en the defendants' premises. Otherwise, they might have denied it. The Magistrate .teid that both tbs objections raised by Mr Wilson were sound. It wa? evidently contemplated Tjy the Act that not more than 60 gallons should *be deposited under one roof or in one building. As to the second objection, he was of opinion that in future the poiice must' not seize more than the surplus quantity found, but they should satisfy themselves of the number of eases in ths /building', in order to prove it; fiut they must not ■ ami the whole quantity: Case dismissed. Rot. Henderson wns charged with keeping on his premises, in Maelagsau street, a larger quantity ■-than ten gallons of kerosene oil, he not being a dealer in the ssms. The defendant pleaded guilty, and said he was ignorant of the quantity allowed lobe kept by tho Act Inspector Morton stated that a penal fy was not sought to be recovered in this case. Ttney mcl sly wished it to be a caution 'to parties keeping large quantities of kero-ene oil on their premises. Ti>e Magistrate said he would, merely, under the circumstances, impose a nominal fine, Is and.cost*. Nuisances. —Maria Bell was charged on the 'information of the Inspector of Nuisances with neglecting to keep clean her premises in High ■'street.. Defendant was dismissed with a caution. -James Lawlor, Richard Falkner, John Gendle, George Ferguson, Joseph Allen, and Thomas Dawson, were eich charsred with neglecting to •«lean their i remises in Filleul street. The defendants lived in -rahat are called Fulton's cottages running between George street and Filleul •streets, which were described as being in a very state. The defendants denied that their premises were dirty, and the Magistrate ad- j Journed these cases to Tuesday 'next, j Thomas PeachJpy, Robert Thomas, Alexander j Stub, Steven Flinch, anri Thomas Mason were J also charged with neglecting to e'ean their pre- j raises in Fiileul street The defendants are ■squatting in tents on a piece of land in Filieul street, and cast all their filth aud rubbish over the ground, as they had no water-eiosets of any kind. The defendants were all in very poor • circumstances, aad they were each fined 5s and costs, and ordered to go and clean their premises at once. Hyam Hart was charged with neglecting to clean his premises in a right'of-way off High strest. The defendant stated that he had -only occupied the premises a fortnight, and the nui3ance hail since been removed. The Inspector stated that in this ri^ht-of-way there were'five persons lying ill with fever, and the premises were all very dirty. He thought in this case it was the landlord's fault, for it was he who drew his (the Inspector's) attention, to the nuisance. The Magistrate thought that in a great many of these - cases the landlord was to blame, for many ol \ ■them screwed r.s much as they could out of ttieir tenants, and did as little as possible to the •.premises. In the present case it was evident the nuisance had been in esdstencs before the premises were lei fo the present defendant, trho v could not be held responsible for it. The very .-act of the landlord in going and informing ■■against the tenant, showed that there was some >bad feeling existing, and as he (the Magistrate) ■wished to get at the proper person, he instructed the Inspector to summon the landlord. Case dismissed. The adjourned case against W.H. Cutten, ■ for a%husaneein Moray Place, was taken up. The Inspector stated that nothing had been done to improve the state of this propsrty. It was getting worse every day, and some party had run --another drain from George street on to tae de--GREAT KING STREET,

fend-ml's property. Mr Millar, City Engineer, stated that Mr Cutten bad given him instructions to remedy the evil at a cost of f.WO. He had drawn up two plans, which lie exhibited to th» Magistrate, and the reason why the work had nnt be?n commenced was that one of the plans involved some expense on the part, of the Town B'lard, and he would have to consult with them. The new drain which had been turned on to Mr (""ulten's property, had been done by Mr Paierson, Roa'l Engineer, and he had no authority to do so. Mr Cutten thought that the Town Board should take this matter up, and carry this drainage right through to the bay. Mr Millar stated that in a few weeks he would have the nuisance removed, and in at least one week the nuisance would be abated. Oa this understanding the case was' dismissed. MINOH OFFSNCES. Anderson and Lambert were charged with removing the surface of Hisrh street, by th°ir workmen, without permission of the local authorities. The.defendante did not appear, and were fined 20s and costs. Andrew Wilsoi an<VJames Wilson were charged with neglecting to keep wpII swept and cleansed, the footnatk in front of their premises, in Prints street. The defendants said they were neither the owners or occupiers of premises in Princes street. The Inspector stated that they had the ln.ting of premises at the corner of Princes and High street The defendants said they had made arrangements whereby this corner would in future be kept clean, and the case was dismissed. James Muir, for allowing four of his cattle to depasture within the limits' of the town, was fined 2s a head and cost*. Robert M'lntyre, charged with neglecting to keep clean the chimney of his bouse, in Cargill street, so that from the foulness thereof the same i 'took fire, was fined 10s and costs. | Thomas Little, for a similar offence in Gfeorge street, was fined 10s and costs. Alfred Austin, for a similar offence in Clarke street, was also fined 10s aad costs. Assault. — Ann ' Bayes, alias " Gentle Annie," was charged on the^ information of Ann Nolan with assaulting: and annoying her ■/' The plaintiff's counsel (Mr Ward) stated that every time the defendant met the complainant, either in the street or the Vestibule of the Theatre, she assailed her with the most abusive epithets, and would not allow her to go about her vocation ia peace. But she only asked that the Magistrate should mate the defendant promise not again to molest her. The defendant promised not to annoy the complainant ag^in, upon which the Magistrate discharged' the parties with an admonition " to be sure and go different roads to-night" .: "".