RESIDENT MAGISTRATE'S COURT.

Otago Witness, Issue 1162, 7 March 1874, Page 20

RESIDENT MAGISTRATE'S COURT.

(Before J. Bathgate, Esq., R.M.)

Thursday, 26th February.

Evil Company: its Results. — Catherine Anderson, a woman whose face was wrinkled with age, pleaded not guilty to a charge of having, on the Ist February, at Caversham, feloniously stolen a silver watch and chain, valued at £4 10s. William Reid said_ he was acquainted with prisoner, who resided at Caversham, and he visited her house on Saturday evening, the 31st ult., and left on the following morning. During the night they indulged pretty freely in liquor, havmg consumed two bottles between them. When dressing to go away, he missed the watch out of his vest pocket, and accused prisoner of taking it. She admitted having; taken it to pledge for a bottle of grog. His reason for not informing the Police was that he was so -ashamed of himself. His Worship remarked he had good cause to be so. In answer to accused, witness said he had engaged to meet her, with the understanding that she was to restore the watch, but she did not put in an appearance at the place agreed upon. Constable Anderson met accused and Margaret M'Laughlan, a most disreputable woman, on their way to pledge the watch, and he arrested her. The Bench found her guilty of larceny, and sentenced her to 60 days' imprisonment.

Friday, 27th February. THE COURT'S JURISDICTION.

The case of A. and T. Thomson, mer chants, Port Chalmers, v. W. H. Calder, was called, which was a claim of £100, for loss and damage sustained between the 9th and 10th of December last by plaintiffs in consequance of defendant's neglect and refusal to supply the schooner Jane with cargoes of timber and sleepers from the Oreti landing to the Awamoko wharf, whereby plaintiffs were deprived of earnings to which they would otherwise have been entitled.

Mr Haggitt appeared for plaintiffs, and Mr Macassey represented defendant. He had two answers to give. First : The Court had no jurisdiction to entertain the claim ; and, second, defendant was not liable. Defendant resided in Invercargill, properly, in Southland, and this count was brought for a breach, committed in Southland, of a contract made in Dunedin. Whether the contract was an expressed one, made in Dunedin, or an'unplied one, made in Invercargill, the breach at all events took place at Invercargill. So far as he was aware, this was the first time the question had been raised, and it was one of considerable importance. Supposing a contract to be made in the Province of Auckland, and its performance intended to take place in Southland, it would be at once apparent what avast amount of inconvenience it would subject defendants to every action for breach of contract committed in Southland, if defendants could be summoned to Auckland. The question was one upon which more light could be thrown from Victorian legislation, and Victorian decisions, than from decisions from our Court at home, or legislation of the Colonial Parliament. The learwd counsel pro*

ceeded to quote authorities in support of. his contention regarding the jurisdiction of the Court, amongst them Chapman v. Sheidinatr, Ist vol. Australian Jurist Reports. Mr Haggitt argued that, providing the cause of action arose chiefly within the jurisdiction of the Court, then it had power to deal with it. The material part of the case in the (present instance was the contract itself; and if there were no contract, there could be no breach of it. If, therefore, it were admitted [that the contract upon which plaintiffs were relying was made in Dunedin, it was clear that the cause of action arose within some material part of the jurisdiction of the Court. In support, he quoted Green v. Beech Law Journal, September Number, 1873. Mr Bathgate : I will reserve judgment upon that plea, in the meantime. Mr Haggitt : It will cause considerable waste of time, if your Worship does not decide. After consideration, His Worship said this point was one of novelty, and keeping in view that it was the intention of the statute to localise the administration of justice, he would be inclined to support the plea. He was anxious to extend the jurisdiction of the Court in any way, and thought it a very great hardship and inconvenience to any defendant for him to be brought along with his witnesses a distance of 100 miles to answer any plea. Being a novel point, and one of considerable importance, he approached it with some hesitation ; yet, taking its full view, that only that practice in Court should be encouraged which is most convenient to the public, he did not think it right that where the defendant and witnesses reside such a distance from Court the case should be heard there. He would adopt the view urged by Mr Macassey. Mr Macassey : Does your Worship make any order with regard to costs ? His Worship : I think not ; lam inclined to non-suit plaintiffs. Mr Haggitt gave notice of appeal. MARRIED WOMAN'S PROTECTION ORDER.

Eleanor Carpenter made an application fop a protection order from her husband, who, she alleged, was able to work, and made her maintain him. She kept lodgers, and her husband was continually getting drunk on money which he took from her clothes when they were hanging up. His Worship : What are his habits ? Witness : Smoking and drinking. His Worship : Does he get habitually drunk ?

Witness : Well, he won't be sober if he can get sixpence. His Worship granted the application. Mr Saunders appeared for applicant.

Tuesday, 3rd March. THE GREEN ISLAND MURDER.

Patrick Long was charged, on remand, with wilfully, and with malice aforethought, shooting and killing one Nicholas M'Donald, at Green Island on the 28th February, 1874.

Mr Bathgate : I think it would be more advisable to take the summons cases first, before wo proceed with this charge. Mr Anderson (counsel for accused) : This is only a formal case now, 'Your Worship. Mr Bathgate : All the depositions will require to be read, to give accused an opportunity of asking questions, which will take a considerable time. Sub-Inspector Mallard : The course, Your Worship, I intended to ask to be followed was this : Prisoner having been committed to take his trial at the next sittings of the Supreme Court, upon the Coroner's inquisition yesterday, subject to Your Worship's approval, I would ask that the charge be withdrawn against prisoner now, so far as this Court is concerned. His Worship, to prisoner : Have you nothing to say now ? Mr Anderson : Nothing, Your Worship : the man having been committed by the Coroner's jury, we do not intend to ask any questions at present. His Worship : Will the Inspector of Police put his finger on the Statute authorising the Coroner to commit a person for trial ? Sub- Inspector Mallard : Well, Your Worship, I am not here to certify to the power of the Coroner, but if Your Worship does not approve of the course I have suggested, then I am quite prepared to go on as far as this Court is concerned. Prisoner is now in custody on Coroner's warrant— or rathor, the Magistrate who acted on the Coroner's behalf. His Worship : Did the police read the pro* clamation in such case required '! Sub-Inspector Mallard : Tho proclamation was read in terms of the Statute, no Coroner being there in 24 hours. His Worship : I observe from the newspapers this morning the accused had no opportunity of examining witnesses. Now, it might have been that if any witnesses died their written evidence might be brought forward against accused. If I go into the evidence to-day, accused will have opportunity of putting questions to, witnesses, and I think it is te his advantage, should he be so inclined, to put such questions as ha or his counsel think fit. Mr Anderson : Do you mean a viva voce examination, Your Worship ? # His Worship : I mean an examination to Rive accused an opportunity of putting questions, if he be so advised. Accused was then removed until the summons cxsei were disposed of, at the expiration or which, tho charge having been again read, Mr Biirton said Mr Smith and himself had attended the Coroner's inquest on the provious day on behalf of accused, and they understood that he wns committed for trial, and that the matter had terminated there. They were not prepared to proceed with the case at present, as they should have been making enquiries to be able to properly oross-exaurine witnesses. At present thoy could not proceed, and would be glad if His Worship would remand prisoner for further "Sis Worship: 'Till to-morrow? Mr Barton: Wo prefer, your Worship, to make a remand for ft week. His Worship accordingly postponed th« bear* ing of the case for that period.