RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1986, 21 September 1874, Page 3

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch, Esq., R.M.) Fkidat, September 18. Jeremiah Lahey wai charged with having, on the Bth inst., assaulted Sergeant Purdue, by kicking him in the arm. Sergeant Purdue said that while he was assisting Constable Flannigan and another constable t& put accused into a vehicle on the Bth inst., to convey him to the lockup, he (accused) swore at witness, said he would knock his brains out, and kicked him violently in the arm. Witness did not feel the kick very much at the time, but in a day or two it became very painful, and his arm was still suffering from its effects. The Court had dealt with accused for being drunk and disorderly, and for attempting to assault Constable Flannigan in Esk street on the Bth inst. Witness had never seen a more violent prisoner in the Province. Prisoner said that he had been punished before for the offence, which had been committed in conjunction with kis attempt to assault Constable Flannigan. It was all through the drink. His Worship said that was no excuse, but rather an aggravation. As, however, he was doubtful as to whether the prisoner had been punished for an assault on the police (which would include the present charge) he would adjourn the case for one day, in order that he might hace time to examine the minutes of the first case. The Police v. Powell. — His Worship delivered his decision in this case as follows : — I adhere to the opiaion 1 expressed at the hearing of this case, namely, that a lottery is gambling within the meaning of the Statute, and punishable ;n terms of clause 38 of the Licensing Act As however the present is a first offenoe, I will inflict a penalty accordingly. Accusod was fined 50s, with costs, 14s. Mitchell v. Martin. — In delivering judgment in this case, His Worship said that there had been such acceptance and delivery as would satisfy the Statute. There had at any rate been good constructive delivery, as when Mr Dalglicsh, defendant's agent, went to s?e the plough, in company with plaintiff, and expressed his satisfaction with it, and said that he would have it taken away, an acceptance of the implement had been effected, and though it still remained in plaintiff's charge, his position with regard to it was merely that of a warehouseman. Judgment for plaintiff in the amount claimed, £24 10s, and costs, £3 7s. SiTtTBDAT, September 19. Jeremiah Lahey, for assaulting Sergeant Purdue, wag sentenced to three weeks' imprisonment, with hard labor.