RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 2192, 29 September 1875, Page 2

RESIDENT MAGISTRATE'S COURT.

(Beforo J, Turnbull, Esq., 8.M.) Mondat, September 27. Thomas McCauley was charged with being drunk and disorderly, and with exposing his person in the public streets. For the ii rat olfatice he was fined 10s, or 48 hours' imprisonment; and for the second he wa3 sentenced to throe months' imprisonment with hard labor. His Worship hoped that the la-t sentence would act as a warning to the accused for all time to come. ! (Before J. Turnbull, Esq., R.M., and R. W. Aitkin, .Esq., J.P.) Tuesday, September 28. Martin, Maitland $ Co. v. A, D. Duncan. Mr Wade for the plaintiffs, who sued lor tho amount of a dishonored promissory note, £16 6s, and interest 11s. Judgment for plaintiff, with costs, £2. Jackson v. Searle. — Mr Wade for the plaintiif. Defendant pleaded not indebted. Plaintiff sued for 12s 6d for board and lodging from August 2nd to August the sth. The money had been applied for many times, and at first he did not deny liability, and then ho said that plaintiff had sued some one elae unjustly, and Uierelore he (Searle) would not pay his own admitted debt until plaintiff had gone to the trouble of suing him for it. Defendant maintained that ha hud not been in tho house during the time mentioned, but he owed plaimilf for one day's board at the rute of 25s a week. Defecdanc culled William Wignall, restaurant keeper, Dee street, and ho said that defendant came to him on the 4th of August. The Court thought the defendant indebted, and jjave judgment for plaintiff, with costs, £1 l(Js. McMenamin v. Boyle.— Air Wade for tho plaintiff. Defendant pleaded not indebted. Plaintiff sued lor £20. The suit arose out of a transaction bstween the parties touching the purchase of the lease ot cc.tain sections in block 69, Invercargil], in June last. The price was £30, and delendant paid £10 j but defendant averred that ho told McMonamin that he would kave nothing to do with the sections, and McMonaraiu agreed to dispose ol them to others. It appeared al^o from the evidence \ of both parties thht plaintiff afterwards agreed to cry " quits" if deleudant paid other £10 to Me Martin, auctioneer, plaintiff allirming that a condition was that defendant should also piy costs in connection wita the transaction. Plaintiff's evidence was corroborated by Mr Martir, auctioneer, and judgment was given lor the plaintiff iu the amount claimed, with costs, £3 Is. DESEBTING THE QUARANTINE STATION. Jlinies Brown, Charles Steward, David Hawthorn, Churlus Anderson, Poter Campbell, Thomas McNair, Matthew Ki;'kwood, and Donald McArthur, married luimi^rants by the ship Christian McAusland, were charged with deserting the Quarantine station at the

Bluff on the 20th ina^contrary to tho proyiaions of thff^PaSiidvHeaith^Act . Mr Matthews said thai;,: instructor! by Mr .f, W." Mitchell , Chainmah of the Railway and '' Immigr&tion/Committesj< ho appeared for tho defendants.. Ho admitted' th>it they had hh the Quarantine station^but they had done ao i in uttor ii»notaiice6f ; .tlie v 'law. Besides, there were extenuating circumstances in the case of tho defendants, who, kriowing that the unmarried portion of theii- fellow pa 'sengera hud bflen allowed to laud, felt it; hard that they should be kept, as it were, under lock and key; and so they left the station for the purpose of laying a memorial detailing the circumstances of their caae beforo the Immigration Officer in Invercargill. The loarnod counsel hoped that tho Court would take the case into its most charitable considerable, for monetary penalties would be ruinous to tho defendants, all of whom were respectable looking married men, and imprisonment might simply blast their wholo future career in the colony. For those reasons ; and for the sake of the good namo of tho port and district, ho hoped the Court would virtually dismiss the charge, and merely qualify the dismissal with something which would deter future immigrants from making the same mistake. Dr Grigor, Health Officer, having given evidence to the effect that the married immigrants by the Christian McAusland were not admitted to pratiquo until the 27Hi inst., Mr Matthews applied for an adjournment until 2 o'clock, in order that he might haye lime to consult his clients and also read over the Quarantine regulations and the Public Health Act. He might state that he had only spoken half a word to his clients, and that he had been engaged on their behalf ouly a minute before entering the Court. The adjournment was granted. On resuming, Mr Matthews took exception to the wording of the information, which had been laid under certain regulations made by the Governor in Council, and these regulations were not produced. Tho information, at tho instance of Inspector Fox, was amended eo as to charge the accused witli escaping from the Quarantine Station, being persons liable to be placed in Quarantine at the Bluff, and being so placed. The case then proceeded, and Inspector Fox oalled James Simpson, Surgeon-superintendent of the ship Christian McAusiand. Witness had been so since early in the month of May. The immigrants, of whom the accused formed a portion, were plaaed in Quarantine on the sth of September, and on calling tho roll on the evening of the 20th he found that the prisoners were missing. The immigrants were not admitted to pratique until tho 27th. Mr Matthews cross-examined the witness, whom in the course of his examination he accused of winking facetiously at one of the prisoners. Tin's was indignantly denied by the witness, and a " scene," which had a good deal of banter in it, emued. Inspector Fox took exception to the crossexamination of Mr Matihews as being irrelevant, and tiie Court inclined to entertain a similar opinion unless Mr Matthews could show that the men had not escaped from Quarantine. Constable E.lo had been stationed at the Quarantiae Station during the stay of tho immigrants there, and he knew the prisoners. On calling the roll on the evening of the 20th instant, the prisoners did not answer to their names. Witness had personally made the prisoners and the other immigrants acquainted with t e conditions of the Fublic Health Act. On the Sunday previous the prisoner Kirkwood went beyond the boundaries of the Quarantine Stati >n, and oh being reprimanded by witness, he apologised and said he would not do it again. He had frequently heard the immigrants complain of being kept, in Quarantine, and insinuate that they would leave it. He heard them insinuate this just the right beforo the prisoners escaped, and he made them aware of the consequences that would follow, Mr Matthews cross-examined. Constable Sullivan said that he had arrested the prisoners on tho 2lst insiant on the Bluff road, about a mile from Inver^argiil. He took them back. They stated on being arrested that they bad been badly treated — some complained of tho food, and others said they wanted clothos. Not, cross-examined. This closed the case for tbe prosecution. Mr Matthews then addressed the Court, and maintained that, as shown by the ovidence for the prosecution, inasmuch as the immigrants had been allowed to ramble about without strict limitation, the ac cused had not been guilty of anything heinous. Aid besides they had grievances, and no regulations were posted up on the ground to let them know their exact position. It was not in evidence that even tho Public Health Act hdd been read to raorc than one of the prisoners. Air Matthews said that policemen, as a matter peculiar to their office and human nature, always used things against their prisoners, and allowed their desire to obtain a conviction to color their action and evidence. Inspector Fox retorted that Judge Johnston thought such a remark more applicable to counsel than policemen. Hie Court was of opinion that the charge brought against the prisoners had been clearly proveJ, and inasmuch as the Government not only provided free passages, but public works on which to employ them on their arrival here, the least that could be expected of immigrants was compliance with the laws of the colony, and it was most extraordinary that the prisoners should have taken the law into their own hands. But seeing that the single men and women had been liberated, tho Court would only inflict a fine of 20s on each prisoner, with costs.