RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 380, 12 March 1859, Page 5

RESIDENT MAGISTRATE'S COURT.

Tuesday, March 8. 15,19. (Before J. Gillies, Esq., 11. M.) James Hare and Robert Robinson were charged with wantonly and cruelly ill-treating in Dunedin, a pair of bullocks yoked in a sledge, which they were endeavouring to drive along 1 the street. The Resident Magistrate deprecated such conduct, and said that as it was the first CHi>e of the kind which he remembered coming befoie him, lie would deal leniently ; but if any similar case of cruelty to animals came again before him, he would be more severe. The case as against Robinson was dismissed, and Hare fined 10d. and costs. G. Smith v. J. Barr. — This was an issue brought into Court for decision as to the right of the poundkeeper to charge fees for cattle impounded for trespassing on the Town Belt. The President Magistrate decided that no feea could he chaiged for cattle trespassing on unlenced lands. Ross v. Gallic. John Gallic, Dunedin, was charged with having, on Saturday last, committed an a>s.iult upon Constable Ross, while in the execution of his duty as bailiff, and vvhiie in the act of proceeding to show a sample of defendant's iron, upon which a sale had been called under a distress warrant issued by the Resident Magistrate, to recover a debt of £i- 35., being assessment and expenses due to the Town I Board by defendant for bis property in ll igh street, but which he repeatedly lelused to pay. Mr. Ho'varth appeared for defendant. Donald Ross, constable, being sworn, stated — On Saturday last I had a distress warrant against John Gallic, and on that day I was to sell some iron belonging to him. Before the sale I went to him to see if he would settle the debt without incurring further expense. Defendant answeied that he would not, even if a pin would do it. At the hour of sale, I was asked to show a sample of the iron, and was in the act of passing tlncugh defendant's fence to do so, when defendant struck tne on the head with a weapon and knocked me to the ground, with which he immediately stiuck me several other blows. On recovering myself, I observed the Chief Constable struggling with defendant, and I at once assisted to take him into custody. By Mr. Honarth. — The distress warrant was issued fiom the Resident Magistrate's Couit on the Ist instant, directing me to levy £4 os. by dis-tre->s" and sale of the goods belonging to defendant, to be sold within five days from the date. After I showed defendant the warrant at the Commercial Inn, I went to his premises and looked at the iron, which I told him I was going to di«train. I then noted on the back of the warrant " a quantity of iion " I asked the Chief Constable to come and look at the iron, as I did not think it necessary to place any watch over it. While we weie at defendant's yard, he came and ordered us off the premises. I there and then again advised him to settle the debt, and we would soon go off the premises. I did not hear the defendant ask me to show him my authority. I did not again show him the warrant, as lie had seen it before. I did nothing with the iron till Saturday the sth, when I called the sale. I distrained upon the whole of the iron in defendant's yaul. After defendant committed the assault he was taken into custody and locked up, alter which I proceeded to sell the it on. J swear I did not refuse to show defendant the warrant. The iron sold was 4 cwt., less 23 lbs. ; some of it was sod at 275., and the remainder at 245. per cwt. Several witnesses were eximined, who pioved the assault, but deponed to having seen not more than two blows giv on by defendant with a weapon not much thicker than an ordinary riding whip. Defendant, after the uxual caution, dec'ined to make any statement. Mr. Ilovvarth said the information must fail, as the officer had not dischargad his duty accoiding to the propei couise. Disiiaining or seizing upon goods was a mbstaniial act. and it was therefore not sufficient to take ,1 look at them and note the quantity on the back ol'tiie warrant, and thereafter proceed to sell them. The officer ought to have taken the goods away under hii own charge, and alterwards called a sale ; but complainant had no right to tiespass upon defendant's piemises to effect a sale, the act was illegal, and iherciiore the case ought to be dismissed. The Resident Magistiate committed the defendant to take his trial at the District Court., and to find bail foi his appearance — himself in j£loo, and two biticties uf £25 ench. Shepherd v. Gallic. This case was in connection with the previous oiip, the charge against the defendant boing for an . assault upon ihe chief constable at the same time and place. Seveiai witnesses were called, who ; proved the assault, after v-hich defendant \v.a3 com- ; mined for trial, and admitted to bail to the same ' amount as in the other case. > Xovkt, PnociAM vtion. — On the ni^ht after the Selkirk Fair, the Bellman, who is in the \ habit of making all sorts of announce merits, ; commanded an unusual decree of attention , while he proclaimed the following through • our streets: — Ll Tvto men haviug run away 1 fnte their wise.", any person that will give '. them up into their hands will bj rewainled." : A monument is to be erected to the Pilgrim. , Fathers at Plymouth, U.S., at a cost of from \ :}OO,OOO to 400,000 dollars. It will be built of 1 granite, 150 feet high, 80 feet at the base, with Pitting figures 38 to 70 feet high. 3b',000 dollars has been subscribed, principally in Mas1 sachtisetts. The society tor building the monument has purchaser! the estate around the \ veritable rock, and a site for th? monument, 0 embracing ten acres of land, comintuiditig a 1 tine view of the harbour and locality.