RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 571, 8 November 1862, Page 5

RESIDENT MAGISTRATE'S COURT.

Saturday, Ist November. (IMore A. C. Strode, E*q , li.M.) Theft at Gkeen Island- James Roberts wa^s charged v itli Mealing a saw and an iron pot, belonging to V\m M' Allen. On Thursday night, the prisoner was camped opposite the complainant's hou-e, Green Islaud. On Friday morning the saw and pot ww mi-sed. A witn s-, who w<« in the employment of M'Allen, saw the prisoner during the afiernu.ni throw thifaaw into a group* of flax in Cavevah-tin The piisoner was lesnatided to Monday morning, for the atteudai.ro of M' \llen. * CitEAriNG a Nulsasce.— A man named Godfrcv, who did not appear, '.ras line %:a and eoi-ts, for creating a nuis.tnce in a puoiic road, by convening night soil iv an open barrow.

Monday, 3rd November. Stealing. — James Robert w.w brought up on re rnand, charged with stealing property, the value < i 13«, fiom Alexander lirowii, ami was Feuteuced to two luontiii- imprisonment with hard labor. Stealing A Purse.— John Smith was charged with stealing a pur&e ositaiuim; money, the property of Willhin Fla.'l. The prosecutor btiited that f.n .Sunday, about half P'-ist five, the prisoner came to him and asked him to 1-t him stay the night iv his tent. "VUtn. sy aii.l he might stay, and tbat there was plenty to eat. The prisoner entered the tent, and sat down on th» bed by the sHe of the witues^. Witness had a pur-e containing two £1 no l e3andtv\ r oha(f-sovereiiniß, whirli he took out of his po -ket and laid on the bed. The prisoner w»'nfc out, ami witness mLatd the purse*. He went out&ide and met the prisoner returning. The prisoner, when aske < about ti.e parse, said it was no ui-c lo <kin<r for it. Mr Weldon applied for a remanil, and the prisoner was remanded to Thursiay. House Steaiinq. — Isaac Israel was further remanded to next d- y. Ass\ult— Hanicy v. Polak.— Mr Ward for the pkhiiifi. and Mr M'Gregor for the defendant, Patrick ha- n^y stat-d that on Monday last he was in the employ of Mr Isaacs, aue ri.Hieer, Jetty-street, and w,ih going i, ( to the auction room, when the d*~ fettiiant \\ .is, eiij.f.tred in some dispute inside about a trunk. Mr la cs as-kni witness if he hud sent away a trunk W iti^ss replied that he had not. A eoi - yei.-aucn ensueu, and witness asked the defendant if he had the key. The defendant replied a- trrily a\d witness put his hand mto his pocket to produce the key. At the moment, while bis hand was in bis pocket, the defendant struck him, and cut his face bavin a ring on. Witness was then tbtown down! nnd buttled by the defendant and hia. companions' Had been out of employ since, and had lost the chance of an engagement, because he was ashamed to show his face. Had not accused the defendant ot being a tbief and liar. S. G- Isaacs deposed that on the day in question there was some row at bis auction room, some of the people there being rude to him. and he therefore sent for a policeman. When the. constable came, the plaintiff and defendant were fighting, and he gave both in charge. Must confess that the defendant struck the first blow. That young gentleman was pretty good at fighting, but the other miaht bave been too much for hjm after his bipod was up. Djd not ktow which blood was the hottest— the Irish or the Israelitisb. The defendant •aid tbat the plaintifi came up to him in the auction room, and said " lou're the tbief that stole the port-

man ten ii." Witness was nnsry, and a quarr-la, d fi^ht followed, bid not know wiii'b htru -k the fiist )>lo\v. Ju'lgmt-nt for plaintiff in L 4, and costs. C dlaghan v. Gleeson.— Claim tor WZQ. Mr U. B. Martin appeared on behalf of the defendant, for a postponement, in ordertoallowof tljedefe'idant'hfornier partner being communicated with, Mr Gleeson beinaf under the impression that Mr M' Bean had paid the money, and Inll a receipt. Postponement granted to l?th Dectmber.

Tuesday, November 4th.

Suspected Charactbrs. — John Maddocks and John ttas~ey were charged with intending to commit a felony. Detective Lambert stated he was on duty on the 4th instant, about 1 o'clo k in the morning, in Punces-otreet, near the Piovii :ial Hotel ; Detective Kirkp-itriuk was with him at the time. He heard a noi=e as of a window broken, and immediately pro ceeded to the spot from whence the noise came, and saw the prisoners walking away. He was quite sure that one of The pri -oners mu^t have broken the wiudow, as ther^ was no one else about at the time. Detective Kirkpatrick corroborate 1 tbe last witness's statement Detective Taekwell stated lie knew both men, but never knew them to commit any theft. His Worship dismissed the piisonerd, remarking Ihat should they be brought up again on the same charge, he should i>iv? them tlnee mouths' with hard labor. Havino a Firl in a Public Strbet. Thomas Robertson was charged with the above, but as the summoning constable stnted tint the fire was put out as soon as he warned the defendant, bis Worship di«mis>ed tbe case, telling Robertson that for thu iutuie he must not commit the same offence again. Charge of Stea-ling a House axd Cart. — Isaac Is'ael charged on the police sheet with the above offence, had been reman led on several occasions for production of depositions fiom Mpl-bonrnp,-.o rbe offence w;is s'ate'l to have been committed in Yictoiia. Mr Ward appeared for tlie acenwd, and the depositions which had arrived by the fcfeimer ffothenbmg, were here banded in to the Judge, who remarked th.tton the bare face of them he must dismiss the case.

Wednesday. Kovembkr 5.

Intent to Commit Felony.— George Thompson was brought up on the charge of bein,( in a public place with intent to commit a felony. He had been found by a constable in the act of trying doors. Sentenced to two months' i itprisoument" with hard labor.

Vagrancy. — Rosanna Ribinson. charged with having no \isible Kiwful means of suppoit, was disciiarged with a caution.

Larceny.— Catherine Thompson was charged with Pt'-alin? a lamp and other articles trotn the shop of Stmford and Co. Mr Bates, sfco'-emau to Stanford and Co., appeared and said that he hid no desire to prosecute. The woman was at the time under the influence of liquor. The ptiaoner was discharge 1 with a caution to avoid intoxicating liquors for the future.

Thursday, November 6th

Disorderly Conduct.-- -Mwhael Kean and Rimue Strange wor° chaiged hy Constable Barrett with baring b>'c:i guilty of disorderly conduct calculated to provoke a bleach of the peace The prisoners were lined 20s and .-osts, or 48 Sioursimpmomenf. A Scoundrel.— Robert Cl.'elind was ehnrgcl wider the Vagrant Uidinam c with having-, at 4 o'clock on the morning of the Gth instant, broken open the tent o f i\lary Gheil with intent to commit a felony. Mr Ward apperuel for the prisoner. The prosccutrix, a respectdlj.'e. good iookin<r woman wlio had a cuildin her arms, deposed that the p;i-oner, wh) lived iv the adjoining tent to hers, had during the day of the sth inst., seveial times cowe into lier tent and used indecent language to her. On the morning of the Gth the was awjke about four o'clock hy hearing 1 a noise ill her tent, .md she discovered the prisoner crouched on his hands and knees at the foot of her hed immediately uttered an exclamation of alarm, aud jumped out of bed, and the prisoner slunk out, aud she watched him return to his own tcit : she afterwards gave thp pri wier in custody. Sbe wa3 positive the prisoner was the man.

The charge was clearly proved, and evidence was also given ot the prisoner's antecedents which were prove Ito have been bad. He had heon before this Court only a few day? before, and discharged with a caution. His Worship sentenced him to 14 days im prisonment, with hard labor. John i^mith, bi ought up on remand for stealing money from b tent, was discharged.

Friday, 7th November,

Drunkenness.— Peter Kelly, David McMillan John Pater--on, aud Charles Karry, were each fined 20s and costs.

Fighting —John Lawrence and John Davis were charged wiHi fighting in the publ c streets, and were '.each fined 20s atid co-fs.

Obscene Languace —Ann Sullivan was charged with umiis; obscene and filthy language. The case was reranudeil to t!ie next day.

Resisting the Police — M ichael Harvey was charged with resisting constable Lynch in the execution of })i 3 duty, It appeared hum the stntem- nt of tbe constable, that seeing a drunken man passingthrough the cutting when a bink of earth was about to fall, he interfered to u;et him out, of danger. The man took the inferference in ill part, nnd resisted brin^ bandied. The neciml, who was parsing at fie time then interfered to rescue the drunkard from the constable. Fined L 5 and costs.