RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 712, 21 July 1865, Page 14

RESIDENT MAGISTRATE'S COURT.

Tuesday, July 18.

(Before A. C. Strode, Esq., E.M.)

Assaults. — Ellen Dufty was charged on a warrant with assaulting John Harris on the 15th inst., and threatening to take his life and burn his place down. He asked that she should be bound over to keep the peace towards him. The defendant admitted the assault and using the threats, but stated that the complainant had first abused her. It appeared that there was some old standing grudge between the parties on account of the prisoner having previously been sent to prison for fourteen days for breaking the complainant's windows. On Saturday night last, after threatening to burn the complainant's place in the Arcade, the prisoner dropped the contents of a fire-pan at his door, and it took four men to extinguish the fire. The Magistrate fined the prisoner 403 and costs for the assault, and for the threats he bound her over to keep the peace towards the complainant for three months, herself in L2O, and two sureties in LIO each. — William Eakey was charged on the information of Mary Paton with assaulting her on the 11th inst. It appeared that the defendant went to the complainant's house and made some complaint regarding the conduct of her boys. When she told him to go to her husband, he used very filthy language, pushed the door of the house against her, and put his fist in her face. The defendant denied all the facts stated, but they were proved by witnesses who were present. He was fined 30s and costs. Illicit Distillation. — John Williams and John Humphries were charged with having in their possession, and making use of, a still and other apparatus for the distillation of spirits, in a house in Pelichet Bay, on the sth instant. The defendants did not appear. Mr H. Howarth conducted the case, and the following evidence was given: — Detective F. Weale: I hold the appointment of a Revenue Officer. On the morning of the sth in3tant, about halfpast ten o'clock, I proceeded in company with Detectives Rowley and Dyer to a house in Felichet ßßar,3 r , at the back of the Botanical Gardens. On nearing the house I saw two men carrying in firewood, and smoke issuing from, a short chimney. Dyer went to the front door, and Rowley and I went to the back. On looking in at a back window I saw a still at work, and the two men at work. When they saw me they made a rush to the front door. I called out to Dyer, and ran round to the front. They opened the door, and Dyer stopped them. We then all three entered the house and locked the doors behind us. We found a large still in full working order. It was charged with wash, and a fire was burning under it. We let the wash run. off, and pulled down the still. The defendants gave their names as John Williams and John Humphries. The still now in Court is the one I am speaking of. It is a complete still, and was in full working order. In an adjoining room we fouud a keg containing about half a gallon of spirit, of which I produce a sample. I submitted this sample to Mr Mills of the Customs, to test the strength of it. In the same room I found half a bag of sugar, three large casks containing mash, a quantity of tin measures, and other utensils for carrying on distillation. I also found in the same house, a smaller still complete at work. The defendants told me that was only used for making cordials. I produce another bottle of spirit which I received from Detective Rowley, which I also gave to Mr Mills to test, and also a sample of the wash which I drew off from the copper. Detective James Rowley, who was in company with the last witness, at the capture of the stills, generally corroborated

his evidence, and added — the two men we found in the house, are the same as I afterwards served the summons on. The bottle of spirit which I gave to Detective Weal, I took from the small still produced. William Mills : lam an officer of Customs stationed in Dunedin, and am skilled in the testing of spirits. I received the bottles of spirit produced from Detective Weale. One contains spirit 35.6 over proof, a very strong spirit, and the other is 7.8 under proof. Both are white spirits. The Magistrate said he was given to understand that this kind of business was being carried on to a very lirge extent, and as it was defrauding the revenue he was determined to put a stop to it. The penalty in this case would be L 250 and costs, or in default, five months' imprisonment.

Wednesday, 19th Jult. CIVII CASES.

William Knox y. John France. — Claim of 10s for education rates levied by the Caversham School Committee. Judgment by consent, with costs,

Same v. William M'F. Pollock. — Claim of L 3 for education rates. The defence was that no notice of the assessment had been served. The plaintiff stated that he served the original notice on the defendant's property, and had no copy of it. The Magistrate informed the plaintitf that he ought to have kept the original notice, and been ready to swear in Court that he served a copy of it on the defendant. Plaintiff nonsuited.

J. L. C. Richardson, Acting Superiatentendent of the Province, v. Captain Matheson. — Claim of Ll6 for sundry jetty dues-li-vied on goods landed out of the defendant's lighter, The Brothers, from October t'th, 1864, to February 14th, 1865. The defence was, that on the sth of December, he received an account from the then collector of jetty dues, Mr Lawrie, for Ll67s 6d, which be paid by a cheque. He produced this cheque and said that when he granted it, he believed it was in full payment of all dues for which he was then indebted to the Government. He admitted being due L 6, for dues levied after the sth December. There was afurther action against the defendant for Lll, the amount of jetty dues levied on the defendant's lighter, the Lady Franklin, and the Magistrate said he could not decide the first case until he had heard the second. The plaintiffs case was proved, that the defendant's lighter came alongside on the dates charged for. For the defence a receipt for LlO signed by Mr Lawrie, the late collector, was put in, and Mr Wilson took an objection that this was a splitting of an action. The Magistrate over-ruied this objection, as the actions were raised upon transactions with different vessels. But he considered that the cheque and the receipt signed by Mr Laurie must be taken as proof of payment up to the dates for which they were charged. It was clear that the Government books had been kept very carelessly, because no credit had been given to thedefendant for either of the two sums of Ll6 7s 6d, or LlO which had been paid by the defendant to the Government Coliector. On one account it was submitted that L 6 was due, and on the other L 2, and he would give judgment for the plaintiff L 8 on both actions, and costs. James Brown v. John Marks. — Claim of L 2 5s 9d for drapery goods supplied. The defence was that 7s lid of this account was paid when the goods were bought. Judgment for the plaintiff Ll 17s 10J, and costs.

Duncan Stewart v. Edward M'Glashan—Ciaim of L4l ss, reduced to L2O, for sundry expenses incurred on defendant's .account, while the plaintiff was acting asmaoager on the defendant's station. Theplaintiff stated that he was empowered by the defendant to employ labor on the several occasions mentioned ia the bill of particulars, for the driving of sheep, the carting of wool, and other works in connection with the station. He paid the workmen the expenses they incurred, and had not been repaid by the plaintiff. Mr Haggit appeared for the defendant, and in cross-examination the plaintiff admitted that he received from Messrs Gillies and Street, for Mr M'Glashan, L 29 4s, but he said the payment was not made on account of the items of work now charged for. Mr Haggit produced a receipt for the L 29 49 r and the plaintiff admitted his signature. To this receipt was attached a letter from the defendant to the plaintiff, telling him to call on Messrs Gillies and Street, and he would receive payment in full for his claim. The receipt signed by the plaintiff was an acknowledgment of having received payment in full of all claims against the defendant. Case dismissed.

Judgments by default were given in the following cases : — William Knox, collector to the Caversham School Committee, y. Henry Miller, 10s for education rates; Same v. Archibald M'Callum, 10s for rates; George Baker v. J. H. Hughes, L 3 3s for rent.

Dismissed for non appearance. — Ferguson and Mitchell v. John Munro, L2O j^ C. M. Ryiner v. Samuel Cooper, L2O.