RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 2800, 27 January 1871, Page 3

RESIDENT MAGISTRATE'S COURT.

Thursday, 26th January. (Before A. C. Strode, Esq., R.M.) , Regina y'. Gr. B. Barton.—Mr James Smith and B. C. Haggitt for the prosecution j Mr Macassey and Mr Kenyon for the defence, : -An adjournment for a week was applied for by Mr Macassey, it also being his inten- - tion to apply next week that the case should ■'< be for a month. The adjournment was asked for, in order to facilitate the attendance of Mr Gisborne, certain officers of the Telegraph Department, and of other persona now absent from the colony. Mr Macassey stated that he should be able to shew the great importance of those gentlemen being in attendance at the preliminary enquiries. Mr Haggitt did not wuh to object to an adjournment fora week or eight days, but he should not consent to a further adjournment afterwards. /The object of counsel for defendant was, as he understood ib, to secure the attendance of witnesses to prove justification, and also to prove by the testimony of the officers of the Telegraph Department j that the words of the libel were true. .When | the term of adjournment, had expired, he I should go into ' the • evidence to be brought against the defendant and establish aprirria facie case. He should also contend that the Magistrate could not grant a further adjournment, because it was not in his power to consider the evidence of justification. Mr Macassey expressed surprise at the statements which his learned friend had made, because he had understood him to agree to the case being adjourned for a month, if it were mentioned in Court every eight days. But for that understanding he would not have made the application. The Magistrate had the power, under the Justices of the: Peace Act, to take evidence for the defence. Ultimately the case was adjourned for a week. Mrs Alexander v. Mrs Rogers.—This was an action for an alleged assault committed on the 18th inst. The parties reside in Filleui street, and on the day in question the defendant threatened to beat complainant's little girl; complainant and defendant exchanged words, and defendant threw a stick at complainant, which struuk her in the face. There appeared to be some doubt as to whether the assault took place on the day named, and as the case was a very trivial one, it was dismissed. Clarke v. Muriroe, and Munroeu. Clarke.— Assault. Neither party appeared, and both cases were dismissed.